AHKAM : Jurnal Ilmu Syariah
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Kritik Atas Pemikiran Abdullahi Ahmed An-Naim Tentang Distorsi Syariah terhadap HAM
Get PDFIn liberal studies, Sharia and human rights are two issues that are often opposed to distort the role of sharia in solving human right cases. In his writings on sharia and human rights issues, Abdullahi Ahmed an-Naim often applies rational rules as the source of truth and human values as a goal, but he excludes the role of Islamic law and its interpretation. Naim states that the human right problems in the world can not be solved by the sharia but can only be solved by secular laws. For example, the practice of slavery and discrimination against women and non-Muslims ethnic is a subjective conclusion that is counter productive to the role of sharia. Therefore, this conclusion is unacceptable and is necessary to have objective assessment. It is really clear that sharia is glorious and never distorts human rights at all.DOI: 10.15408/ajis.v16i1.289
Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam.
No full textAssumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.289
Epistemologi Hukum Fatwa MUI Kabupaten Lebak tentang Berboncengan dengan Selain Muhrim
Get PDFThe Legal Epistemology of Fatwa of MUI Lebak about Getting a Ride (Berboncengan) with Non- Mahram. The method of Islamic lawmaking (istinbath) is the study of the basic sources and the methods of Mujtahids to produce Islamic law, either by using words (lafzh) or meaning approach. Istinbath method with lafzh approach is by searching statement (nash) in the Qur’an and Hadith and using rules of ushûliyyah. On the other hand, istinbath method with meaning approach is by searching legal purposes (maqasid al-shari’ah) and using qiyas. Riding together between men and women not mahram in Islam according to MUI Lebak is forbidden (haram) based on the Qur’an Surah al-Nur verses 30-31 and Surah al-Isra verse 32, Hadith No. Muslim 1280, and sadd al-dzari’ah.DOI: 10.15408/ajis.v16i2.445
Tantangan Modernitas Hukum Pidana Islam
Get PDFModernity Challenges of Islamic Criminal Law. One of the challenges facing the Islamic criminal law in the era of modernity is the advancement of science and technology in the fields of medicine and human rights. Science and technology can be used as a analysis method in Islamic criminal law, although the concept of human rights in the era of modernity bore dilemma. In this paper, the author examines some contemporary issues associated with Islamic criminal law that is taking khamr, organ transplant technology, DNA tests and modernity that make a misperception in human rights concept.DOI: 10.15408/ajis.v16i2.445
Konsep Makanan Halal dalam Tinjauan Syariah dan Tanggung Jawab Produk Atas Produsen Industri Halal
Get PDFThe Concept of Halal Food in Sharia Perspective and Product Responsibility of Halal Industry. Sharia provisions regarding halal and haram food, beverages, and goods are integral parts of Islamic teachings. Halal and haram foods also have become a necessity related to the comfort and safety of the Muslims as the largest consumers in Indonesia. This need should be enforced by halal industry. Every manufacturer of halal foods should have an understanding and awareness to ensure their halal products by implementing a Halal Assurance System as the implementation of sharia concept of halal and haram on food and drinks. The violation of Halal Assurance System by the manufacturer will be subject to product liability, both legally and morally.DOI: 10.15408/ajis.v16i2.445
Poligami dan Sanksinya Menurut Perundang-undangan Negara-negara Modern.
Get PDFOne of the interesting themes of Islamic family law reform is the legal status of polygamy. Almost all Muslim countries make efforts to narrow the space for the practice of polygamy by providing sanctions for the doers, including Tunisia, Pakistan, Egypt, Syria, Malaysia, and Indonesia. This article tries to discuss and analyze this case by making a comparison between the laws of family law in some countries—such as Tunisia, Pakistan, Egypt, Syria, Malaysia, and Indonesia—and the concept of classical fiqh. The study shows that even though each of these countries has the same spirit of renewal, they practice different reform issues related to polygamy. It can be clearly seen in the diversity of forms of sanctions for the doers of polygamy.DOI: 10.15408/ajis.v16i1.289
Peluang, Tantangan, dan Stategi Zakat dalam Pemberdayaan Ekonomi Umat
Get PDFBasically, zakat in Islamic teaching is the one of effective and strategic ways to be developed in increasing prosperous of people. So, it can be very potential. The potency of zakat will be great and useful if the institution of zakat administrator can manage effectively and overcome all classic problems always faced by administrators. Managerial skill, accountability, integrity, and truth are the main capitals to manage zakat. Meanwhile, empowering, supervising, and teaching on the people who received zakat (mustahiq) are some important things that should be thought. Therefore, the institution of zakat management should get the way to change people perspective from receiver to giver (mustahiq to muzakki). The strategies are to accustom for paying zakat, to be creative and smart in collecting zakat, distribute zakat effectively, create high quality of human resources, and to be focus on the programs of developing zakat.DOI: 10.15408/ajis.v16i1.289
مشروعية استخدام المعدات الأمنيّة أثناء المظاهرات وفقاً لأحكام الشريعة الإسلامية
No full textThis paper deals with the review of the equipment used by security officers during demonstrations by explaining their concept and the two types of equipment namely lethal and non-lethal, and detailing their types which have been used currently. This paper also evaluates the legitimacy of their usages in accordance with the provisions of Islamic law and related Islamic Law views. This study has concluded that it is illegal to use these type of equipment except in specific cases and under certain conditions to avoid certain imminent danger.DOI: 10.15408/ajis.v16i1.290
Hukum Keluarga Islam dalam Perspektif HAM Universal (UDHR) dan HAM Islam (UIDHR)
Get PDFHuman Rights contain provisions relating to Islamic law, especially family law. As a Sharia scholar, this topic is crucial to observe. This paper analyzes several aspects of family law in human rights, both universal human rights and universal human rights, such as marriage, inheritance, and child custody. There are the similarities and differences in both of these human rights like in the case of marriage. In Universal Declaration Human Rights, marriage is permissible for a couple without consideration of religion at all (article 2), whereas in Universal Declaration Human Rights, there is strong indication (Article 19 (1)a) that inter- religious marriage is forbidden, such as the comments of Elizabeth Mayer and others.DOI: 10.15408/ajis.v16i1.289
Tanggung Jawab Sosial Bank Syariah Terhadap Stakeholder dalam Perspektif Maqâshid Syarî’ah
Get PDFThe implementation of social responsibility is not solely to meet the expectations of the public, but as a form of devotion to Allah. Good values in social responsibility are shown for the formation of a physically and morally prosperous society, as well as to achieve happiness (fâlah) in the world and the hereafter. Activities of Islamic banks is not only to maximize financial profit but also to achieve social welfare as an effort to fulfill the maqâshid syarî’ah. Therefore, a policy of social responsibility of Islamic banks should be legally integrated in their operational systems and as an obligatory mandate to optimize achievement.DOI: 10.15408/ajis.v16i1.289