AHKAM : Jurnal Ilmu Syariah
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موقف الفقهاء فى اللفظ المشترك وأثره فى الفقه الإسلامي
No full textLafzh musytarak (ambiguous word) is one literary study to produce a certain law. Such as the word “al-lams” which means touch of skin in the explicit sense and sexual activity of husband and wife in implicit sense. As a result, it has different consequences. If the interpretion of “al-lams” is touch of skin, the person should repeat his wudu’ (ablution). If the interpretion of “al-lams” is sexual activity of a couple, they have to take junub bath to purify them from large hadats. These two meanings have deep arguments based on religious scripture and in-depth research on any related word in several literature. This activity also needs to consider logical and relevant situation and condition to perfectly implement Sharia values.DOI: 10.15408/ajis.v16i1.290
Kajian Yuridis terhadap Kedudukan Dana Asuransi dari Sudut Pandang Perjanjian Perkawinan.
Get PDFThe Judicial Assessment of the Insurance Fund Status in the Perspective of Marriage Covenant. Ideally, if a legal case comes from the same sources of law, the solution must also be the same although examined by different courts. This case happened on the assessment of the insurance fund. In one hand, the religious courts assessed the insurance fund as heritage while the public court considered the insurance fund as absolute rights of individuals. This article examines the legal differences using treaty law approach. To enrich this analysis, the author presents several court decisions concerning the insurance fund.DOI: 10.15408/ajis.v16i2.444
Jihad dan Thâ’ifah Manshûrah: Basis Syariah Identitas Kelompok Jihadis
Get PDFThis study aims to examine how the concept of jihad and Tha’ifah manshurah psychologically and sociologically shape the strong basis of ideology and collective identities in jihadist community in Indonesia. Three former alumni of Afghanistan serve as key informants and three others play as secondary informants who provide the context of strengthening the jihad ideology and the formation of collective identities on the jihadists in Indonesia. In-depth interviews and review of documents, especially literature written directly by key informants, are used as data collection instruments. All the data that have been collected through interviews and review of documents are then analyzed by using the content analysis technique and thematic analysis. The study concludes that the jihad in the sense of fighting is considered as the only tool to fight the jihadist ideology that tends to perceive themselves as the chosen people of God to fight all the life.DOI: 10.15408/ajis.v16i1.289
Pelaksanaan Isbat Nikah di Pengadilan Agama Pandeglang
Get PDFThis study shows that the implementation of marriage stipulation in the Religious Pandeglang is similar to other religious courts, in accordance with the procedure of the legislation. Based on the data, isbat nikah in the Religious Court of Pandeglang has increased annually. In 2012, the number of isbat nikah amounted to 41 cases and in 2013 increased to 68 cases, then in 2014 became 135 cases. Isbat nikah established by the Religious Courts Pandeglang is a marriage that has already met the requirements of marriage but has not recorded yet because of poverty. Therefore, isbat nikah is free of charge.DOI: 10.15408/ajis.v16i1.290
Kesehatan dan Perobatan dalam Tradisi Islam: Kajian Kitab Shahih Al-Bukhârî.
Get PDFHealth and Medicine Treatment in Islamic Tradition: a Study on Sahîh al-Bukhârî. The main objective of medical treatment in Islam is to maintain health rather than curing the disease. This article specifically discusses the views of Imam Bukhari on health coverage and medicine treatment in Islam as stated in his book, Sahih al- Bukhari. Sahih al-Bukhari is one of the most important and authentic collection books of Hadith. The description of health and medicine in Saheeh al-Bukhari discussed in the chapter of al-Tibb. The Hadiths collected in the book are more associated with the prevention treatment (preventive medicine) rather than the healing treatment (therapeutic medicine).DOI: 10.15408/ajis.v16i2.445
Studi Literatur tentang Riset Zakat
Get PDFLiterature Study on Zakah Research. Zakah is not only as religious rituality but also could touch humanity aspect by empowering its potency to maximize public wealth. The research related to zakah is still lacking compare to Islamic banking research. This study review on research around zakah. The study use descriptive statistical analysis based on 100 journal publications related to zakah, both national and international journal. The entire sample journal publications have published last 5 years from 2011 to 2015. Results show that the zakah research is still dominated by the discussion of zakah institution (26%), followed by distribution of zakah(22%), zakah management (21%) and poverty (20%). The last theme is about zakah collection (11%). In addition, comparison of quantitative research and mixed methods are still far less than the qualitative approach.DOI: 10.15408/ajis.v16i2.445
Kajian Perlindungan Hak Pendidikan dan Perlindungan Agama Anak dalam Keluarga Muslim di Kota Medan
Get PDFThe Study of the Protection of Educational Rights and Protection of Children Religion in Muslim Families in Medan. This article insists that child protection is a mandate. Abandoning children is included as unjust deeds in terms of Islamic law and Law Number 23 Year 2002 on Child Protection. This study aims to describe how parents in Muslim families provide the education right and religious education for their children. Based on the steps of empirical legal research, the writer found that the majority (50%) of Muslim families implemented the protection of the education rights and religious education well, while 30% of them applied less protection and the remaining of 20% did not protect well.DOI: 10.15408/ajis.v16i2.444
Qânûn Jinâyat Aceh dalam Perspektif Negara Hukum Indonesia
Get PDFThe Jinâyat Qânûn of Aceh in the Perspective of Indonesian Legal State. Act Number 18 Year 2001 on Specific Autonomy for Aceh as the province of Nanggroe Aceh Darussalam and Act Number 11 Year 2006 on Aceh Government further confirm that the existence of Islamic law in Aceh has become national law, in terms of legal materials, law enforcement officers, as well as increasing public awareness of Islamic law in Aceh. Jinayat Qanun in Aceh province is a renewal of criminal law in Indonesia because a good law must reflect the living law in the society. Therefore, the applied law in Aceh today can be used as a model of the national legal development in Indonesia.DOI: 10.15408/ajis.v16i2.444
Dinamika Aspek Hukum Zakat dan Wakaf di Indonesia
Get PDFThe Dynamics of Legal Aspects of Zakat and Waqf in Indonesia. This study shows that the codification of the law of zakat in Indonesia occurs gradually. Codification of Zakat still focuses much on zakat management. Zakat management is undertaken by the National Zakat Board (BAZNAS) and the Amil Zakat Institute (LAZ). The developmental aspects of zakat consist of: amil zakat, muzaki, zakat object, sanctions, and charity as a tax deduction. Meanwhile, the legal codification of waqf in Indonesia experienced significant growth after the enactment of Law Number 41 Year 2004 on Wakaf including: the concept of endowments, wakif, waqf objects, elements of endowments, nazir, waqf institutions (BWI), monitoring, dispute resolution, and criminal sanctions for violations of the waqf objects.DOI: 10.15408/ajis.v16i2.445
Refleksi Teori Kritis Jurgen Habermas atas Konsesus Simbolik Perda Syariah
Get PDFThis article aims to investigate how the critical theory of Jurgen Habermas can be used to better understand the Syariah Islamic law issues in the district of Garut. Habermas is arguably one of the most powerful thinkers in contemporary sociology, particularly because of his influential ideas regarding public sphere. He believes that the absolute power of the state by which it colonizes civic daily life should not automatically silence public voices. Modern capitalism creates huge opportunity of people to connect in public spheres such as markets, cafes, and restaurants. They do economic transaction at the same time they love to talk, discuss, and argue on current social, economics, and political issues. It leads to the society that might change the power of authority as well as the established culture, starting by questioning the public policy that might lead to the authority which has a legitimacy crisis. From this perspective, the implementation of Perda Syariah (Sharia local regulation) in Garut region is analyzed. This paper uncovers the conditions in which the law enforcement of the Perda has been challenged.DOI: 10.15408/ajis.v16i1.289