AHKAM : Jurnal Ilmu Syariah
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KEBIJAKAN PEMERINTAH TENTANG LEMBAGA KEUANGAN SYARIAH ERA REFORMASI
Get PDFGovernment Policy on Islamic Financial Institutions Reform Era. Government policies on Islamic financial institutions in the New Order were backgrounded in political accommodation, namely the accommodation of the Islamic academic elite within the state structure. This was used by the Islamic academic elite to broach ideas and opinions to conceive one of ideas as Islamic banking. Factors driving the process of policy formation of Islamic financial institutions was the support of policy makers, community banking, socio-cultural and juridical. Now, it so happens, that the inhibiting factors were that the policy makers were un-aspirational, public confidence in the conventional banks was still high and the lack of human resources and socialization. In the Reform era, many laws were conceived to support the development of Islamic financial institutions.DOI: 10.15408/ajis.v14i2.128
KEDUDUKAN DAN JUMLAH MAHAR DI NEGARA MUSLIM
Get PDFThe Position and Number of Dowries in Muslim Countries. The dowry has a significant role in a marriage. The obligation of the husband to provide a dowry for wife has led to various interpretations by mufassirand jurists. The Qur’an uses the term dowry gift accompanied with the words ma’rûf. Currently, various Muslim countries that have undertaken family law reform have included a dowry as one of the objects of the problem that must be given rules in detail, so that if in future there is a problem in the household and has been linked with the dowry then the matter can be settled by a judge.DOI: 10.15408/ajis.v14i2.128
PRAKTEK KAWIN MUT’AH DI INDONESIA DALAM TINJAUAN HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN
Get PDFThe Practice of Mut’ah Marriages in Indonesia in the Review of Islamic Law and the Law of Marriage. Mut’ah marriage is marriage performed by a certain time limit which in Indonesia known as the marriage contract. Sunni Muslim tend to forbid the practice of mut’ah marriage while Syi’ah allow it. The practice of mut’ah marriage has been rife in some areas in Indonesia where the Sunni is majority so many people who protest and regard it as deviant behavior or forbidden. Laws marriage prohibits the practice of mut’ah marriage as Law Number 4 of 1974 and Government Regulation Number 9 of 1975 although there is a part of society who gives a different interpretation of the legislation.DOI: 10.15408/ajis.v14i1.124
PELAKSANAAN HUKUM WARIS DI MASYARAKAT KARO MUSLIM SUMATERA UTARA
Get PDFImplementation of Inheritance Law of the Muslim Karo in North Sumatra. So far, Indonesia has not managed the codification and unification of a national inheritance law. Among the factors is the difficulty of codifying inheritance laws by reason of the diversity of the legal system that governs family matters of the Indonesian people, including inheritance laws. This study examines the way of implementing the inheritance law in Karo Muslim society, North Sumatra. This study focuses on the models of estate distribution to girls and widows. The article concludes that the Muslim Karo people still use customary law to resolve matters relating to inheritance disputes. Customary law that is used is experiencing dynamics or shifts. This happens without giving rise to tension let alone any disturbances within Karo Muslim community itself.DOI: 10.15408/ajis.v14i2.127
PROSPEK PENGEMBANGAN EKONOMI SYARIAH DI MASYARAKAT BANJAR KALIMANTAN SELATAN
Get PDFEconomic Development Prospects of Sharia in the Banjar Society in South Kalimantan. Currently Islamic economics, with a wide range of variants, is developing widely and dynamically. The development of Islamic finance has been extended to almost all parts of Indonesia, both in urban and rural areas. The Banjar tribe are a sub-ethnic group that inhabit the South Kalimantan area originating from the Malay coast. Islam is the foundation of culture and identity of the community of the Banjar. The presence of the Islamic economic concept in Banjar society is no longer unusual because Islamic values associated with it have become common place. The development of Islamic economics in Banjar society will continue to flourish if supported by government policy (top-down approach).DOI: 10.15408/ajis.v14i2.128
FIKIH GOLONGAN INGKAR HADIS
Get PDFThe Fiqh of Reject Hadis Group. Since the classic time up to nowdays, the Islamic fiqh form always uses Qur’an and Hadis as normative sources. The appearance of community who denied the authority of Prophet Muhammad Saw. through his Hadis in deciding a law creates a new form in “fiqh” which is ephistemologically implies not only to the exixtance of a different Islam but also and odd Islamic fiqh. It is believed that the separation of Hadis and Qur’an in deciding a law will cause confusion and ambivalence attitude for the believers.DOI: 10.15408/ajis.v14i2.128
KONSTRUKSI EPISTEMOLOGIS PENALARAN HUKUM IMAM SYÂFI’Î Asep Opik Akbar
Get PDFEpistemological Construction of Imam Syâfi’î Legal Reasoning. Imam Syâfi’î has a major contribution in laying the foundation and methodological principles of Islamic law (ushûl al-fiqh), supporting a strong unity between the Alquran and the Sunah as well as providing a level of convergence between the reasoning of ahl al-hadîtsand ahl al-ra’y. The methodology offered by Imam Syâfi’î is well suited and relevant to the context of the social and cultural conditions of the time. This article elaborates more comprehensively on the legal reasoning offered by the Imam Syâfi’î. However, in the current context, the process of legal reasoning that is offered by Imam Syâfi’î deserves further study considering the different challenges and opportunities. Other ijtihâdmethods need to be considered in the legal process at this time.DOI: 10.15408/ajis.v14i2.127
MARRIAGE RIGHTS OF AFGHAN WOMEN IN TRADITIONAL PRACTICES AND LEGISLATION PROTECTION
Get PDFMarriage Rights of Afghan Women in Traditional Practices and Legal Protection. This paper aims to reviewthe role of law for equal protection of women inAfghanistan and offers recommendations so that their marriage rights areprotected by civil law. Although the civil law of Afghanistanmentions guarantees and protections of marriage rights of women, however, they are still at risk of being subjected to harmfultreatment, customs, or traditions which are practiced in Afghanistan. Therefore, this paper is important in finding a solution to theproblems of women in Afghanistan until they obtain duly protectedrights by law.DOI: 10.15408/ajis.v14i2.127
PENERAPANKONSEP TAYSÎRDALAM SISTEM EKONOMI ISLAM
Get PDFApplication of Taysîrin The Islamic Economic System. Studies about the taysîrconcept are still minimal but taysîrhas a significant function in addressing issues of Islamic law, particularly in the field of mu’âmalah. In the field of mu’âmalah, the taysîrconcept is not only needed, moreover it is a ‘cure’ in necessity to heal the morbidity of heretical behaviour in business and economics. Taysîrhas also become the answer for groups of people who are contradictory when addressing the Shari’a law. Taysîrdoes not provide answers and support groups who are rigid against Shari’a law (al-mutasyaddid) and also does not provide answers and support groups who undermine the law (al-mutasâhil).DOI: 10.15408/ajis.v14i2.128
RIDDAHDAN KEBEBASAN BERAGAMA DALAM ALQURAN
Get PDFApostasy and Religious Freedom in the Alquran. The concept of apostasy should be understood in the context of religious freedom which is a basic principle of every person under Islam. Thus, the apostate merely moves religions without participating in provocative acts against Islam and Muslims, and not having imposed sanctions in this world but in the hereafter as affirmed within the verses in the Alquran. Now, it so happens that sanctions of murder mentioned by the prophet -if hadis is viewed validly- apply to the apostate who participated in provocation and hostility contrary to the administration of Islam and Muslims. This penalty is also just able to be enforced at a new practical level, if the legal provisions have become positive law which has been made into legislation or regulation by a country, so that the law is binding and applies to all the citizens.DOI: 10.15408/ajis.v14i2.128