AHKAM : Jurnal Ilmu Syariah
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أثر قول الصحابي في الفقه الإسلامي
No full textThe influence of Qawl al-Shahâbî in Islamic Law.Islamic law is dynamic because it always responds to legal problems that concern social life. This dynamic has been supported by the limitless sources of Islamic law. There are two types of Islamic sources: undebatable sources (muttafaq ‘alayh) such as Alquran, hadîts, ijmâ’and qiyas, and debatable sources (mukhtalaf fîh) such as maslahah mursalah, istihsân, ‘urf, qawl al-shahâbî, istishhâband sadd al-dzarâ’i’. Qawl al-Shahâbîhas an important position in the formation of Islamic law because the fuqahâmuch refer to them when wanting to issue fatwâ. The disagreements of ulama over evidence do not die on rejection, but intensify on the use of the law as the main source.DOI: 10.15408/ajis.v14i2.129
TRANSNATIONAL FATWAS ON JIHAD IN INDONESIA
Get PDFTransnational Fatwas on Jihad in Indonesia. Fatwa has an important stake in Islamic legal development. Its presence is able to provide influences on person’s religious attitude and behaviour. Although fatwa is a product of ijtihad, it’s still considered as a rule which should be obeyed especially if it is pronounced by a great scholar or authorised body which has wide influence over the community. This paper will study thoroughly the transnational fatwas on jihad which had influenced people’s religious attitude and behavior of many Indonesian Muslims. Fatwas on jihad motivated Indonesian Muslims to carry out violence towards non Muslims. The disturbance on religion became one of the reasons of violent actions towards them.DOI: 10.15408/ajis.v14i1.123
TRADISI MAHAR DI RANAH LOKALITAS UMAT ISLAM: MAHAR DAN STRUKTUR SOSIAL DI MASYARAKAT MUSLIM INDONESIA
Get PDFMahar Tradition in Muslim Locality: Mahar and Social Structure in Indonesian Muslim Society. Law consists of two fundamentals: moral and formal dimensions. Muslim legal scholars greatly appreciate the interplay of both aspects. Legal positivism separates them and law is ultimately framed in a formal-standard logical construct. Legal moral values are universal. It is flexible, universal and can be easily adapted into local contexts. Sociologically, social and cultural structure has proven to play an important role in the structuring of legal format. This paper proves that the practice of dower in a number of Muslim societies changes and varies crossing local boundaries. The dower tradition has been changed from money and other practical objects, into more symbolic materials, namely accessories and religious symbols.DOI: 10.15408/ajis.v14i1.123
SERTIFIKASI HALAL SEBAGAI PENERAPAN ETIKA BISNIS ISLAMI DALAM UPAYA PERLINDUNGAN BAGI KONSUMEN MUSLIM
Get PDFHalâl Certification as an Application of Islamic Business Ethics in Muslim Consumer Protection Halâl certification in food is needed by Muslim consumers to provide assurances that they are not consuming or using product or service that are not halâl so that no sin is commited. It is the duty of government to provide assurances to Muslim consumers that consumer goods or services that are circulating amongst society are really halâl. The halâl label itself provides benefits to businesses such as improving consumer confidence to consume, reaching the global halâl food market, increasing the marketability of products in market and low cost investment. Muslim consumers also have to be smart before purchasing product or services for security and safety.DOI: 10.15408/ajis.v14i1.125
REINTERPRETASI HAK-HAK EKONOMI PEREMPUAN DALAM ISLAM
Get PDFReinterpretation of Women’s Economic Rights in Islam. Islam prescribes equal rights for men and women, including economic rights. However, patriarchal interpretations of Alquran and Suna texts have contributed to a gender gap in which Muslimah women face difficulties in accessing their economic rights. Patriarchal structures that prescribe role divisions in society marginalise women from economic participation and property ownership. Contemporary Muslimah women also face similar problems of gender gap in economy. Therefore progressive Muslims offer reinterpretation of texts regarding women’s rights, including economic rights, using women’s perspectives. Such reinterpretation is also complemented with strategies of women’s economic empowerment to assist them to access their economic rights, particularly their rights of economic participation and access to paid employment.DOI: 10.15408/ajis.v14i1.124
دليل نجاح المجتهدين في الستنباط
No full textSuccess of Mujtahid in al-Istinbât. One cause of the emergence of the difference of opinion and legal fatwa toward events is the difference in the level of understanding of expert ulama in fiqh in comprehending phenomena altogether. Ijtihad is able to function at maximum if the conditions are fulfilled satisfactorily. The necessity for a systematic method and certain requirements in undertaking ijtihad does not mean limiting that ijtihad rather that legal product is not created from a instant process. The thinking of mujtahid whose systematic method is still a source of reference and inspiration to this day. Although there is a difference of opinion among them, all are easily analysed until the points are concluded. This paper also includes some verification methods of mujtahids and legal confusion which was has been instantly established.DOI: 10.15408/ajis.v14i1.125
Konsep Harta Bersama dan Implementasinya di Pengadilan Agama
Get PDFAbstract: The Concept of Joint Assets and its Implementation in the Religious Court. Legislation in Indonesia stipulates that any property acquired during marriage becomes joint property of husband and wife, without distinguishing who works and who registered the property. If the marriage come to an ends, either through death or divorce, the property must be divided equally. In general, this study found that a panel of judges in the religious court division decided a case of the distribution of joint property is not outside of the statutory rules. Since no agreement or reconciliation had been made by the husband and wife in dispute about the portion of the division of their property, the judge decided that the joint property be divided in the same amount. However, if there is an agreement between husband and wife, the division of the joint property will be based on that agreement.Keywords: community property, Compilation of Islamic Law, judgment, Court of Religion.Abstrak: Konsep Harta Bersama dan Implementasinya di Pengadilan Agama. Perundang-undangan di Indonesia mengatur bahwa setiap harta yang diperoleh selama perkawinan dijadikan sebagai harta bersama suami isteri, tanpa membedakan siapa yang bekerja dan harta itu terdaftar atas nama siapa. Apabila perkawinan itu berakhir, baik karena kematian maupun karena perceraian, maka harta tersebut harus dibagi dua sama banyak nilainya. Penelitian ini menemukan data bahwa secara umum majelis hakim Pengadilan Agama dalam memutuskan perkara pembagian harta bersama tidak keluar dari aturan perundang-undangan tersebut. Selama tidak ada kesepakatan atau perdamaian yang dibuat oleh suami dan isteri yang bersengketa tentang porsi pembagian harta bersama, majelis hakim memutuskan harta bersama tersebut dibagi sama banyak. Namun, apabila terdapat kesepakatan antara suami dan isteri, pembagian harta bersama didasarkan atas kesepakatan yang mereka buat.Kata Kunci: harta bersama, Kompilasi Hukum Islam, putusan hakim, Pengadilan AgamaDOI: 10.15408/ajis.v12i1.98
PERTIMBANGAN MASLAHAT DALAM PUTUSAN PERCERAIAN AKIBAT KEKERASAN DALAM RUMAH TANGGA DI PENGADILAN AGAMA
Get PDFThe Mashlahah Consideration in Divorce Cases Caused by Domestic Violence in Religious Court. The focus of this study is the consideration of mashlahah in the judge’s verdict in the settlement of domestic violence divorce cases in the Religious Court in Kendari, North Sulawesi. The results of this study shows a significant number of divorce cases are caused by domestic violence. This study also finds that the judge provided the decision based on formal and material legal considerations, facts of the court session, as well as consideration of mashlahah. But in considering mashlahah altogether it is formulated generally which should require an indepth analysis, through the principles of maqâshid al-syarî’ah.DOI: 10.15408/ajis.v14i1.124
KARAKTERISTIK PEMIKIRAN HUKUM ISLAM
Get PDFCharacteristics of Islamic Legal Opinion. Characterising Islamic legal opinion is a way of understanding the Islamic thought which has developed in historical reality. Islam as a divine religion, which has the holy Qur’an in the dynamics of history, experiences a dialectic process of interpretation that is strongly associated with dimensions of space and time. Every Muslim intellectual has an individual perspective in understanding the religion’s doctrine. In this context, there are visible dialectal encounters of discourse in the arena of contestation of Islamic legal opinion with a wide range of variants in understanding Islamic law. Several variants of Islamic legal opinion are revivalist, modernist, neo-revivalist and neo-modernist, or traditional, moderate and liberal. These categories are representive of the struggle of ideas in the Islamic world, including Indonesia.DOI: 10.15408/ajis.v14i2.127
MÎQÂT MAKÂNÎ JEMAAH HAJI INDONESIA MENURUT KEMENTERIAN AGAMA DAN ORGANISASI PERSATUAN ISLAM
Get PDFIndonesian Hajj Mîqât Makânî According to the Ministry of Religious Affairs and the Persatuan Islam (PERSIS). Hajj is one of the worship that takes place every year. A Muslim is required to perform the pilgrimage only one time in his life when he was able. As the general character of fiqh, the hajj fiqh was not immune from the differences of opinion. One of the differences of opinion in the Hajj for pilgrims Indonesia is the difference in determining mîqât makânî. Two religious institutions, the Ministry of Religious Affairs and the Persatuan Islam (PERSIS) have different opinions on this.DOI: 10.15408/ajis.v14i1.124