AHKAM : Jurnal Ilmu Syariah
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Syûrâ dan Fenomena Pemilihan Kepala Daerah di Indonesia
Get PDFShura and the Phenomenon of Local Elections in Indonesia. Shura and the elections are social institutions in the political arena in Indonesia. In Islam, choosing a leader is a necessity. Direct election is a mechanism that has been exemplified by the Companions of the Prophet, for instance, when choosing Abu Bakr R.A. as the leader of the Muslims after the Prophet passed away. There was no will for this election. Based on divine guidance and the instinct of the Companions about Abu Bakr’s personality, Muslims did shura and directly selected Abu Bakr to be the first Caliph.DOI: 10.15408/ajis.v16i2.445
Straddling between Regulation and Innovation: A Case Study of an Islamic Bank in Indonesia.
Get PDFIslamic bank, as an alternative financial institution, is now widely accepted and has been established in various countries. In Indonesia, Islamic bank was first established in 1992 along with the revival of Islam in the country. Previously, the establishment of Islamic bank in Indonesia was hindered not because of economical reason but because of a political stigma associated with Islam especially during the 1970s. The purpose of this article is to explore how the bank makes innovations to increase its performance that makes its legitimacy high on the eyes of its stakeholders. The article also discusses the various regulations and roles of central bank and the Indonesian government in ensuring control and good governance and subsequently into further developing the Islamic and shariah banking system in Indonesia.DOI: 10.15408/ajis.v16i1.289
Corporate Social Responsibility dan Zakat Perusahaan dalam Perspektif Hukum Ekonomi Islam
Get PDFCorporate Social Responsibility and Zakat of Company in the Perspective of Islamic Economic Law. Awareness of social responsibility by companies (corporate social responsibility) is increasing today. Almost every company has a board focusing on social services. In the Islamic banking industry, this social responsibility gets serious attention. The study revealed that besides allocating social funds, Islamic banks allocate funds for zakat of company as an obligation of a legal entity (syakhshiyyah hukmiyyah).DOI: 10.15408/ajis.v16i2.445
Kritik Terhadap Epistemologi Fikih Murtad.
Get PDFThis paper contains a critique to fiqh of apostasy which considers the action as a criminal offense to be sentenced to death. Reviewing the legal sources of fiqh using allegorical approach and historical evidence indicates that the action is a violation of the theological apostasy against God, and therefore only God who has a right to punish. In al-Qur’an, the type of punishment is non-physical punishment and will be executed in hereafter. The act of apostasy will be punishable by death if apostasy is in political arena and civil matter, which is followed by resistance and rebellion against legitimate political authority that interfere with public safety and official authority. Therefore, the provision of the punishment is handed over to the legitimate political institutions (ta’zir) to determine the appropriate punishment.DOI: 10.15408/ajis.v16i1.289
Perpaduan Syariah dan Budaya dalam Resolusi Konflik.
Get PDFIn harmonious and zero intolerance society, conflicts can still potentially occur. The cause of the conflict can be caused by many variables, such as politics, culture, religion, and economics. Research shows that in cases of multipurpose building, Hok Tek Bio temple, in Ciamis, the dominant factor of conflict is the different interpretation of the concept and implementation of sharia on houses of worship and diversity. Understanding sharia which puts theology as the basis of the diversity of the key religious figures of the Forum for Religious Harmony (FKUB) Ciamis, the Indonesian Ulama Council (MUI), and the local community around the temple become strong force to be conflict resolution. The combination of sharia values understanding of Muslim leaders in FKUB, MUI, and the community and the cultural values of the Sundanese people in Ciamis can play as togetherness bond in harmonious life. Therefore, the model of civic pluralism that combines sharia and culture as local wisdom becomes an effective conflict resolution model.DOI: 10.15408/ajis.v16i1.290
Kontribusi Tatanan Islam terhadap Demokrasi Permusyawaran di Indonesia
Get PDFThe Contributions of Islamic Order to Deliberative Democracy in Indonesia. Many references indicate the dynamic development of democracy with various definitions and classifications. The founding fathers did not want liberal democracy. Therefore, the consultative democracy was selected as outlined in the formulation of the fourth principle of Pancasila. This decision was considered special because there has been a contribution of Islamic thought. This article describes the principles of Islam in the deliberation that carry deliberative democracy including the meaning and purpose of deliberation, the agency that deliberation, and decision making. Those principles are reflected in the formulation of the fourth principle, the existence of the people’s Consultative Assembly, the membership of the Assembly in 1945 before amendments, and decision making method.DOI: 10.15408/ajis.v16i2.444
Prostitusi Online Sebagai Kejahatan Kemanusiaan terhadap Anak: Telaah Hukum Islam dan Hukum Positif
Get PDFOnline Prostitution as Humanity Crimes against Children: in the Perspective of Islamic Law and Positive Law. Disclosure of online prostitution case is a clear proof that social media is becoming a powerful tool for prostitution promotion. Prostitution is a result of the unlimited use of online social media. Therefore, as a country with Muslim population as majority, the state must take steps against any form of prostitution. If prostitution is not eradicated, it will be fast-growing business. Also, it will make Indonesia considered as a country that maintains immoral behaviors.DOI: 10.15408/ajis.v16i2.444
Nasab dalam Perspektif Tafsir Ahkam
Get PDFFamily relationship for someone is something very important. Due to this relation, people would have family relation to whom they are connected. The importance of nasab discussion because it relates someone to a lot of matters, such as inheritance, guardian, and equality (kafâ’ah) of husband and wife before marriage. The fiqh scholars and commentators disagree with the meaning of nasab. Many Scholars say that nasab is the relationship between a man and his child related to legal marriage. Hanafiyah states that nasab is the relationship between a man and his child due to genetic relationship. The logical consequence of this difference is in inheritance. Many scholars assert that inheritance is only connected to legitimate family relationship while Hanafiyah tend to say that inheritance is related to blood relations.DOI: 10.15408/ajis.v16i1.290
Ekonomi dalam Perspektif Alquran
Get PDFEconomy in The Perspective of The Quran Alquran discuss economic problems because of it’s importance for human life. The level of economic development for human needs is very clear in the Alquran. This article examines the economic values in tafsir of Alquran viewpoints and problems, economic paradigms that are in society. Beginning from the problems in the economy legally up to the principles of economy, this article focuses on a theme and then this study uses a method known as tafsir mawdû’î. The economy based on the Alquran is the study of science that studies the problems of the economy by increasing the values of Islam in deep. The existences of Alquran on the economic development become an integral part of Muslims. The goals for all humans prosper in this world and hereafter and to enhance the physical and spiritual gratification in a balanced way, both individuals and groups.DOI: 10.15408/ajis.v16i2.445