AHKAM : Jurnal Ilmu Syariah
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    337 research outputs found

    Endogamous Marriage Of Jamaah Tarbiyah: A Sociological Study Of The Jamaah Tarbiyah In Salatiga

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    This article discusses the endogamous marriage of Jamaah Tarbiyah in Salatiga, Central Java based on a sociological perspective. The framework of Bourdiue theory, particularly capital and habitus concept, was applied to analyze the case. Jamaah Tarbiyah was able to force the cadre to get married in endogamous system based on ‘its own capital’. But, when the system was on process sometime it run in coercive way and there was a symbolic violence. As result, the coercive way raised a habitual action (habitus). The habitus resulted a doxa as well as a heterodoxa (counter doxa) when doxa opposed topersonal interest. Dialectic of the habitus, doxa, and hetrodoxa influenced on the member’s social life when endogamous marriage was practiced. DOI: 10.15408/ajis.v17i1.622

    Kritik Hermeneutik dan Kontekstualisasi Ayat-Ayat Hukum

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    Hermeneutics is often suspected as \u27not from the Islamic treasury\u27. Although the topic of interpretation has been introduced by Aristotle in“ On Interpretation,” Hermeneutics became an independent subject in the science of philosophy in the seventeenth century mainly related to theinterpretation of texts and literary works. Another suspicion of the presence of Hermeneutics in Islamic treasures is the interpretive methodology that makes reconstructed texts as a center of study. It may lead the reader toother dimensions outside the convention. Beyond the pros and cons of thestudy of hermeneutics, this article explores the importance of hermeneutic methods and the contextualization of legal verses in the Qur\u27an to meet the needs of dynamic societies. DOI: 10.15408/ajis.v17i1.6088

    Kriteria Hukum Fikih Ja’fari

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    The phenomenon of Shi\u27ism in the discourse of Islamic thought becomes one of the interesting as well as controversial discourse. Shia Ja‘farī, known as the Shi\u27a Imamiyah is often a priori addressed. A lot of the literature on the founder’s thinking contains prejudices. As a result,Shia Ja‘farī is not only underestimated, but also regarded as an aberrationor misdirection. Serious accusations are often leveled by Sunni against the Shias. This study poses the real issue, referring to some authoritative literature on Shia about the historical background of the birth of the Ja‘farī school, its criteria of law, its attitude to the Qur\u27an, the Hadith of the Prophet, reason and qiyas.  DOI: 10.15408/ajis.v17i1.622

    Penalaran Istiṣlāḥī dalam Kajian Fikih Kontemporer: Studi Kasus Fatwa Hukum Imunisasi di Aceh

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    This article discusses the use of istiṣlāḥi reasoning to answer the contemporary problem such as the MPU\u27s Decree (Majelis Permusyawaratan Ulama) in Aceh on immunization.The reasoning of Islamic law often used to answer contemporary problems is the istiṣlāḥi reasoning. Although thei stiṣlāḥiy reasoning is more flexible in explaining the law of contemporary issues, but in the process of law enforcement, it must be assisted with other disciplines. As a result, the legal considerations are decided more accurately and scientifically to avoid any form of arbitrariness (authoritarian) in producing Islamic law. DOI: 10.15408/ajis.v17i1.622

    Conceptualization of Economic Right For Small Traders at Traditional Market In Indonesia

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    Transnational corporations trading power has been challenged human right condition in Indonesia. There are many small trader (read:traditional market) have been marginalized. This paper conceptualize right ofsmall traders to justice market by means seeing traditional market cases. This paper is using qualitative method research by statute approach and also use primair data at the field by means interview trader at tradition market. This study shows that Indonesian law market doesn’t opimize yet to protect and maintain traditional market Indonesia. The regulations give the local leaderto make the policy about it. Indonesian law instrument especial human rightlaw and law of market must be up dated to maintain the vulnarable group liketraders at traditional market. DOI: 10.15408/ajis.v17i1.623

    الشروط والضوابط الشرعية للغذاء الحلال: خبرة إندونيسيا

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    Halal food, which is characterized by lawful and good, has been measured by the standards of what can be eaten and cannot be eaten according to Islamic jurisprudence. The are condition and criteria of halalfood. Supervisory Board of the food products of the Council of Indonesian Ulama sends its inspectors to food factories in order to monitor the stages of production lines, and make sure to the safety of the food. In this article,halal food for Muslim will be discussed, including to unify the standards of halal products in Muslim countries, and implementing the Islamic way of undergoing contracts and transactions. DOI: 10.15408/ajis.v17i1.622

    Kebijakan Berdimensi Syariah dalam Sistem Partai Politik Islam

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    The study of Sharia-compliant policy tends to be seen only in the aspect of output, while processes and mechanisms are not much attention. Sharia-compliant policy is actually born from Islamic processes and systems that provide a conducive space for its emergence. The existence of Islamic political parties as the forces involved in legislation is very important toexamine to see the aspects of sharia in the process of making it. Through this qualitative approach, this paper dissects the mechanism of policy formulation applied by Islamic political parties, in this case the Development Unity Party(PPP) to see the relation between process and output. DOI: 10.15408/ajis.v17i2.623

    Syarat Kesehatan Fisik Bagi Calon Presiden dalam Perspektif Politik Islam dan Politik Indonesia

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    This article specifically discusses the important issues on physical health requirements for presidential candidates in Islamic and Indonesian perspectives. This article presents two important conclusions as follows: first, in the Islamic perspective, the majority of scholars argue that a person whoi s physically less or unhealthy cannot be elected as president. The result of comparison analysis of Islamic perspective and Indonesian perspective shows some similarities. First, the importance of a presidential candidate meets the criteria of physical health. Second, the disease is a serious illness that isallegedly able to disrupt the implementation of his/her duties and obligations as president. DOI: 10.15408/ajis.v17i1.623

    Customary Law of Inheritance and Migration: Adoption of The Old Regime or Adaptation to The New One?

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    This article is a result of field research about the culture of inheritance of migrating Besemah people in Jakarta. The research questions raised in this article are do migrating Besemah people adopt their customary law of inheritance or do they adapt to the regime prevailed in the Jakarta? This article found that Besemah people living in Jakarta have been adapting to the urban way of inheritance which gives similar share between men and women and gives a strong position to wife. Another important finding is that only a small number of migrating Besemahers still maintain the old value and customs of their region of origin. DOI: 10.15408/ajis.v17i2.623

    Analysing The Essence of Fiqh Subjects In Curriculum 2013

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    The essence of learning is to improve the quality of learners and to complete the national education goals that have been established, inaccordance with the mandate of the constitution. The effort to improve the quality of education through curriculum has been responded by the Ministry of Religious Affairs in 2013 on the subject of Islamic Education and Arabic Language. The implementation of the 2013 curriculum at public ElementarySchool, in this case is the subjects of Fiqh, become a break through to conductthe learning process to be more dynamic and innovative. The uses of varied methods to teach fiqh are expected to make the application of Fiqh in the dailylives of learners; both in their worship to God (‘ibādah) and social interaction(muamalah) become successful habit. DOI: 10.15408/AJIS.V17I2.623

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