DIKTUM: Jurnal Syariah dan Hukum
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REKONSTRUKSI HUKUM PIDANA ISLAM (Upaya Reformulasi Teori Hukuman berdasarkan Legal Reasoning Pemidanaan dalam Islam)
Full text linkCutting off of hands and feet, crucifixion, death penalty and flogging is a typical shape for Islamic criminal offence. If it form of punishment imposed, it gives a terrible impression on the public. The problem is, whether the ways these penalties are fixed and must be impelemented in accordance with instructions verses of the Koran and the Sunnah of the Prophet, or in fact made possible a change in the form of punishment which was originally focused on physical abuse to torture that is non-physical. In this context required a reconstruction effort. This reconstruction must be interpreted. Arkoun views, the reason for the anactment of the law of Islamic criminal law was to determine the causes behind the birth of the Islamic criminal law formulation in the form as it is known today
KORUPSI DALAM PERSPEKTIF HADIS AHKAM (Studi Kritis pada Sanad dan Matan Hadis)
Full text linkThe issue of corruption can’t be eradicated optimally in a Muslim -majority country where the issue is poorly understood and realized the danger, according to some traditions as a source of Islamic law. Therefore, this article seeks to examine critically the prohibition of corruption according to law tradition. With reference to the hadith of corruption could serve as the basis of law (hujjah) as having a legitimate level of quality both in terms of sanad and matan tradition. Either textually or contextually, fill in the content of the hadith narrated by Imam al-Darimiy core of the prohibition to perform acts of corruption, abuse of authority or mandate either squandered that trust comes from a particular person or government agencies
KEMAMPUAN HUKUM ISLAM DALAM MERESPON PROBLEMATIKA KONTEMPORER
Full text linkThe Islamic law derived by al-Qur’an and Hadis can give solution with the problems of muslim contemporary. The problem that apeear in prohibition of usury, eating pork and the obligation tover nakedness. This has been proved by the scientific of research so Islamic can give some respon the actual and comteporary issues. When the people know the damade, there is new effort not to do it. Therefore, one of alternative in Islamic law is implementation istinbath such qiyas, istihsan and maslahah mursalah to respon the actual issues. Abstrak: Huku
KAJIAN HUKUM ISLAM PERSPEKTIF ORIENTALISME
Full text linkThe study of Islamic law has always been an interesting discourse to be discussed. Especially when Islamic law used as feedstock national legislation. Indonesian Islamic law reformers among the developing discourse that gave birth to the two groups with the character and tendency of thought is diametrically different. The first group, discuss the application of Islamic law with legalistic -textual approach, namely that Islamic law should be applied textually and enforced for all Indonesian Muslims . Islamic law - textual legally in Indonesia can be realized if supported by political struggle. Civic groups voiced discourse, among others, is Hizbur Tahrir Indonesia (HTI), and the Islamic Defenders Front (FPI). This group tends to struggle line radical - conservative by means of dialogue and anarchism combines street parliament. The second group, using substantial - cultural approach, namely that Islamic law does not need to be formalized in the form of legislation, but the most important is the absorption of Islamic values in the socio-cultural life of Indonesian Muslims. Acculturation Islamic values, such as honesty, liberty, justice, and equality before the law needs to be actualised in the daily life of Indonesian Muslim society is far more important than the formalization of the religious teachings . This group is represented by the Liberal Islam Network
MAQASID AL-SYARI’AH: Lit Imtisal wa lkhrãji al-MukalIaf an Ittibã’i al-Hawa
Full text linkThis article outlines the study of the existence of Maqasid al-Shariah to be guided, so that man/mukallaf free from the influence of lust. Discussion of the results obtained by the understanding that the existence of maqasid aI-Shariah, is to realize the benefit of earthly life and the hereafter. For this purpose, it should be used as guidelines maslahah (philosophy) life. Maslahah in terdirii on three levels, namely: daruriya,. hãjiah. and tahsiniyah. Daruriyah intent, is everything that should be there for the establishment of a way of life; nourish the soul, religion, intellect, lineage, and treasure. While hajiah, is everything dihajatkan-population to avoid masyaqqah. As is tahsiniyah is take into-use of all appropriate and inappropriate justified by customs as Makarim al-akhlak. In mengimplemtasikan maqasid al-Shari'ah in life, the human / mukallaf must be free from lust. Human liberation of desire lust, meant that they could be servants in ikhtiyãr (free), does not idtirãr (forced). In this case, the law does not mean it will turn off lust, lust except Him let it work in proportion to benefit for life. Lust potential benefit to a certain extent, but if left unchecked lust mala will appear with destructive properties. In this concept, the charity which instructed all law is always accompanied by the requisite ability (isitita'ah) for the mukalla
NILAI-NILAI DASAR DALAM MEMBANGUN EKONOMI ISLAM
Full text linkThe aim of this research is to build a set of objectively verifiable and economic order based on the principle states that noble equality and justice to give birth to the civil society under the protection of Allah. The emergence of Islamic economics is intended to form the framework of the underlying economic growth in order to maintain a harmonious life safety and humane, based on the sources of religious values. Islam emphasizes the principle that every human activity measured by merit and sin, each of which is rewarding necessarily contain the value of worship, while the worship of man in economic activity can be characterized by its ability to do good deeds and fastabiqul khairat, enforce al-'adl (justice), which restricts people from do arbitrariness, both for themselves and their environment. Islamic economic characteristics include three basic principles. All three are fundamental and shared set of economic theory in Islam, namely the principle of belief, moral and legal principles (muamalah). Basic economic values of Islam consists of; ownership value, the value of fairness, balance value, the value of freedom, the value of togetherness. Principles and business ethics that is now becoming operational basis of Islamic financial institutions in Indonesia. In practical framework principles and business ethics are implemented in a variety of products and services services Shari'ah financial institutions that use the mechanism for the results (profit sharing)
SISTEM MUNASAKHAH DALAM KEWARISAN
Full text linkThis article describes the problem Munasakhah system in the division of property in the Islamic inheritance. Discussion of the results obtained by the understanding that the settlement system munasakhah in inheritance cases should have the elements and forms munasakhah. The occurrence of cases munasakhah due to the death twice in the heirs will receive an inheritance from the heir before the property was divided on the first death of the testator. The advantage of this system is the part munasakhah second heir, the original heir blocked (Mahjub hirman)
TRANSFORMASI HUKUM ISLAM KE DALAM BENTUK QANUN DAULI DUSTURI
Full text linkThis article out lines nasalah Transformation of Islamic lawin the form of Qabun Dauli Dusturi. From there sults of the discussion can be understood that Islamic law in some modern state can be viewed from two aspects; Islamic law applicable formal judicial and normative, which is described by the three forms of implementation of Islamic law, namely: (1) the implementation of Islamic law through state intervention, by form alizing Islamic law instate legislation. (2) The implementation of Islamic law by way of transformation of the values of Islamic law in the system of state regulation, without form alizing symbolically. (3) The implementation of Islamic law to separate the religious affairs of the state structure, so that the implementation of Islamic law is categorizedas an individual problem. Construction methodology of Islamic law in general consistof: Patterns Bayani, Ta'lili and Istilahi. Viewed from the standpoint of methodology, the phenomenon of Islamic legal thought in general shows that there are at least twoways of thinkingt hat; Islamic legal thought liberal and conservative Islamic legal thought textual
PENDEKATAN SISTEM DALAM MEMECAHKAN MASALAH PERKAWINSN POLIGAMI TANPA IZIN PENGADILAN
Full text linkThis article outlines the system approach in solving the problem without court permission polygamous marriage with normative and sociological approaches. The results obtained by the understanding that the discussion of problem solving polygamous marriage without court permission, not only handled / disconnected by using a normative approach, but must be completed / decided by other considerations, such as solving / conflict with empirical and philosophical approach as a complete system, so that a decision completed / solved by law enforcement and justice (judge) promoting a sense of justice for the people / society. Mistake in making decisions, will lead to bad consequences in the lives of families / households and communities
MAQASID SYARI’AH DAN PENGEMBANGAN HUKUM (Analisis Terhadap Beberapa Dalil Hukum)
Full text linkThis paper studies regarding one aspect of the discussion about the science of usul Fiqhi Maqasid Shariah law and development. The issue is how maqasid role in the development of Shariah law. In the discussion of its principles Fiqhi, one method of extracting law is Shariah maqasid approach. Through Shariah maqasid verses and hadiths law quantitatively very limited amount can be developed to address the problems that arise. Legal development is done by using the method of determination of the law such as qiyas, maslahah mursalah and istihsan. Methods of determination is through maqasid Shariah law