AHKAM : Jurnal Ilmu Syariah
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Ta’zir dan Kewenangan Pemerintah dalam Penerapannya
No full textThis article examines the issue of jarīmah ta\u27zīr as one of the dimensions of Islamic criminal law which has flexibility in its application.In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur\u27an, ta\u27zīr is not set clearly in the Qur\u27an. Therefore, the ijtihad of a ruleror judge to determine the type of crime and jarimah that can be punished (ta\u27zīr) and the type and form of punishment is really important. The flexibility of ta\u27zīr allows to accommodate the complex form of crime suchas gratification, corruption, sexual harassment, drugs, and pornography.But ta\u27zīr also opens the opportunity for the tyranny of the government inpunishing a person. This article offers the need for ta\u27zīr by making qanun like in Aceh. DOI: 10.15408/ajis.v17i1.622
Building Flats Through Waqf Land: Legal Breakthrough And Obstacles
No full textLegal Breakthrough and Obstacles. The ratification of Law No.20/2011 regarding flats has led us to a legal breakthrough particularly on the merger opportunity between waqf and flats. Such opportunity offers legal distinctive solution such as owning the flats based on the Right to Ownership of Buildings Title (Sertifikat Kepemilikan Bangunan Gedung/SKBG) and the imposition of collateral in fiduciary. On the other hand, this law also brings out legal issues related to the rights and responsibilities of the parties in the lease contract or the cooperation between the waqf supervisor and the manager of the buildings and the tug-of-war concerning the dispute settlement authority between general and syariah courts. DOI: 10.15408/ajis.v17i1.622
Competing Political Ideologies on the Implementation of Islamic Law in Indonesia: Historical and Legal Pluralist Perspectives
No full textA contest between different political ideologies took place in the early years after the independence of the Republic of Indonesia. The debate centered on whether the new state would officially apply Islamic law. This article looks at the past events that demonstrated the recurring contest between various ideological camps at different levels and forms. Employing both historical and legal pluralist perspectives, this article ponders several themes at different time and places to show typologies of political ideologies throughout Indonesian modern history. DOI: 10.15408/ajis.v17i2.623
KONSEP PEMBAGIAN HARTA BERSAMA BERDASARKAN KONTRIBUSI DALAM PERKAWINAN
No full textThis article describes marital property issues. How to devides marital property that can give justice to the parties. Becaused of that, this article provides a concept that can give justice to the parties ie marital property’s dstribution based on contributions in marriage. This concept is regarded more fair than the concept that provided by KHI. This study also gives religious court’s judges opinion about the concept of marital property’s distribution based on contributions in marriage. This article concludes that the conceptof marital property’s distribution based on contributions in marriage is thed istribution of marital property by assessment the contribution of the parties.In marital properties cases, if one party gives more contribution than the others, The judge can do contra legem. So that in casuistic, The distribution must not be 50% maybe the widower get 25% and the widow get 75% depend on their contributions. DOI: 10.15408/ajis.v17i2.474
Telaah Kritis Terhadap Perkawinan Usia Muda Menurut Hukum Islam
No full textYoung marriage discourse has always been a debate in Islamic legal thought. This study analyzes differences of opinion among jurists in determiningage limits (balīgh, iḥtilām, rushd) which implicates the right of ijbār in marriage.The scholars of Shafiyah allow the right of ijbār with very difficult and rigid requirements, while Ibn Shubrumah, Abu Bakr, Al-A\u27sham and Al-Batii do not allow the right of ijbār, even their marriages are considered null and legal. This study found that marriage of young age is determined by the benefits arising from marriage. This study has implications for the implementation of the maslahah mursalah as an alternative in establishing the law on the age limit of marriage in Indonesia. DOI: 10.15408/ajis.v17i2.6232
Al Jam’iyatul Washliyah dan Problem Kepemimpinan Non Muslim dan Perempuan
No full textAl-Washliyah as an organization engaged in education, da\u27wah,social charity and Islamic law, faces challenges in responding to current issues of non-Muslim and female leadership. This article examines Al-Washliyah\u27slegal view of non-Muslim leaders and women. This study found Al-Wasliyah\u27s dissent of non-Muslim leadership and women. Organisationally, Al-Washliyah\u27s Fatwa Council rejects non-Muslims as leaders for Muslim societies, although there are some scholars and intellectuals of Al-Washliyah who have different opinion on non-Muslim leaders. Also, this organization does not allow women to become heads of state, although some of Al-Washliyah\u27s young intellectuals do not mind if women become heads of state. DOI: 10.15408/ajis.v17i2.520
The Rohingya’s Muslim Asylum Seekers in Southeast Asia: From National to International Law Perspective
No full textThe Rohingya’s Muslim asylum seekers have recently been global issues. International, regional, and national law have provided legal basis that they have the right to look for asylum and to be protected. By normative and empiric approach, this study analyze the respect of Indonesian and Malaysian goverment to international, regional, and national law on refugees. This study found that both of Indonesian and Malaysian goverment have respected the international customary law, regional law, and national law that fulfill their rights to seek asylum, have agreed that they welcomed them and will take care of them. The implication is to protect them in some areas in these country.DOI: 10.15408/ajis.v17i1.622
Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts
No full textThe research focused on the importance of the establishment of special courts within the Religious Courts in the settlement of sharia economic disputes, and the legal construction of the establishment of a special syariah economic court within the Religious Courts. The results of research: First,the establishment of a special syariah economic court within the Religious Courts can achieve efficiency and professional realization so that the belief of sharia economic community towards the Religious Courts is realized. Second,the construction of the special law court of Islamic law within the Religious Courts is the 1945 Constitution and Law Number 48 Year 2009 on Judicial Power, and the position within the Religious Courts under the Supreme Courtin accordance with Law No. 3 of 2006 on Amendment to Law Number 7 of 1989 concerning Religious Courts jo Law Number 50 Year 2009 concerning Second Amendment to Law Number 7 Year 1989 on Religious Courts. DOI: 10.15408/ajis.v17i2.608
المظاهرات السلمية تطبيقا لنظام الرقابة الشعبية في الفقه الإسلامي والقانون الوضعي الإندونيسي
No full textDemonstration is one application model of the people supervision against the government’s performances, which is based on amr ma’ruf nahi munkar and aims to realize people’s aspirations when they want to change a law and a government policies or aims showed disagreement over what happens inside the country or a broad, such as injustice, etc, and Islam has legalized demonstration during carried out public interest and in order to maintain security and stability of society, the government also has ensured this demonstration with giving rights and freedoms to every citizen to express their aspirations in accordance with applicable laws. DOI: 10.15408/ajis.v17i1.622
Towards Indonesia Halal Tourism
No full textThe background of this research is the increasingly halal phenomenon of halal tourism development. This study aims to determine and criticize the nature of halal tourism and know the indicators that can be used to measure the happiness of a kosher tourist destination. The research method used in this research is qualitative method. This study concludes that there has been a change in the nomenclature of sharia tourism into halal tourism. The concept of halal tourism has principles derived from the Qur’an and Sunnah. At the beginning of its development in 2013, the Ministry of Tourism with DSN-MUI has determined the criteria of halal tourism that includes nine principles, namely the benefit of the ummah; enlightenment, refreshment and tranquility; avoid idolatry, khurafat and immoral; maintaining the behavior, ethics and noble values of humanity; maintaining trust, safety and comfort; universal and inclusive; preserving the environment; and respect for sociocultural values and local wisdom. DOI: 10.15408/ajis.v17i2.624310.15408/ajis.v17i2.624