DIKTUM: Jurnal Syariah dan Hukum
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MASLAHAT MENURUT IMAM MALIK DAN IMAM AL-GHAZALI (STUDI PERBANDINGAN)
Full text linkThis article discusses Imam Malik’s and Imam al-Gazali’s theory of maslahat: First, both Malik and al-Gazali agreed that maslahat relevant to Islamic law. Therefore, maslahat must not contradict the primary texts (the Quran and hadith), rational and absolute, there is no primary text supports or contradicts it. Both Malik and al-Gazali agreed that maslahat only used in social aspect, not worship field. Second, Imam Malik used maslahah mursalah as a resorce of Islamic law. In contrast, al-Gazali put maslahah mursalah as method to Islamic law. Malik justified that maslahah mursalah as an independent Islamic resource, and al-Gazali justified it as a dependent lslam law resouce. Malik’s point of view is different from al-Gazali’s where Malik said that maslahah mursalah may be used both for daruriyat and hajiyat, while al-Gazali’s point of view that it is used for daruriyat or hajiyat which is the same level as daruriyat
TANGGUNG JAWAB PEMERINTAH TERHADAP PENGENTASAN KEMISKINAN (TINJAUAN EKONOMI ISLAM)
Full text linkResponsibility Against Government Poverty Reduction (Islamic Economic Outlook). In an Islamic economy, the government's responsibility is not only limited to the internal security and security systems from outside attacks, but also accountability in the program to achieve an ideal society; prosperous and fair. Through some literature, this paper raised how important the role of government in the economy, which is based on problems of poverty reduction. And finally came to the conclusion that the point is still the gap is so wide between the rich and the poor, the most responsible and will be held accountable at the same time is the future of governmen
ANALISIS KRITIS TERHADAP BUNGA BANK
Full text linkThis article describes the Bank's interest-critical analysis problems. From the discussion, it is understood that the interest in terms of conventional economics is the remuneration given by the bank based on the conventional principle to customers who purchase or sell products. In the classical view, the conventional economic Nakar interest rates and savings related to each other, therefore the interest rate is the most important factor, which regulates the volume of savings. The higher the interest rate, increasingly also reward saving. Thus, the higher the propensity to save or otherwise, therefore it can be understood that in the interest of conventional banks is the spirit in promoting economic income Han banking business. In view of the interest of Islamic economics is additional (ziada) and in this context, Islam considers that interest is riba therefore unlawful bank interest and it can no longer be denied because it is in accordance with what is in the Qur'an and Sunnah about Riba is synonymous with the concept of interest. Bank interest in relation to Islamic economics can impede the economic and equitable distribution of income and can even lead to financial crisis / financial. Thus the interest-free Islamic banking system actually provides assurance or certainty in the economy interact. Because Islamic banks can ensure avoiding of brutality and economic injustice
PERLINDUNGAN ANAK DI LUAR NIKAH DALAM HUKUM NEGARA DAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Parepare)
Full text linkOne of the purpose of protection and maintanance maqasid al-shariah realize lineage (descent), protection lineage based maqasid al-shariah, Allah as the legislator has prescribed any marriage law, a law that can be able to organize ang arrange an orderly nasab and surely, determination maqasid al-shariah in a marriage that is not accounted for by consideration of the principles of benefit for the registrate to uphold justice and the rule of law; the marriage is not registrated that it is too possible to registrated without the necessary repeated marriage, so that the benefits of the more dynamic registration of marriage any one be discriminated againts, so can be easily children and wife get the protection of civil rights. Marriage if it is possible to registrate, but not registrated is actually obscure the values of justice and maslahat in maqasid al-shariah. Saveral regulatory laws that exist in the Republic of Indonesia, is no exception of UU RI No. 1 Tahun 1974 concerning marriage can be applied elasticly, reflecsibly and dynamicly, rather than the reserve applied in staticly, rigidly and descructively that people are not discriminated againts in realizing values of protection, justice and rule of law; children born in marriage unattended or not registrated not seen let alone considered child out of marriage, not in the block to get its civil rights, but the goverment as a law enforcement and legislatory enforcement make registrated that marriage is not registrated
IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PENCABULAN DI KOTA PAREPARE (Suatu Analisis terhadap Penerapan Undang-Undang No. 23 tahun 2002 tentang perlindungan anak)
Full text linkThis article outlines the implementation of the Legal Protection Against Child victims of abuse in Parepare normative juridical approach and empirical jurisdiction. Results reveal that cases of abuse against children in the City of Parepare in 2013, a decline of about 40 percent compared with the year 2012. It is seen that in 2012 there were 15 cases reported, while in 2013 there were 10 cases reported. The decline in abuse cases in the City of Parepare in 2013 due to several things, including; 1) increasing public awareness, 2) increasing awareness of religious communities, and 3) the cooperation between the security forces in the fight against social ills such as alcoholism, gambling, sexual abuse and so forth. Factors that may influence the occurrence of the crime of sexual abuse against minors in Pareare, namely: lack of education and economic factors, environmental factors or a place to stay, factors drinks (alcoholic), technological factors and factors etiologic role of victims in the domain of criminology can categorized on the theory of non-oriented social class. In addressing the crime of sexual abuse in the City of Parepare, Parepare district police have been enforcing the law properly. The fix is to patrol/regular raids and legal counseling to the community
PENETAPAN HUKUM BAGI PELAKU DOSA BESAR, IMAN DAN KUFUR DALAM ALIRAN TEOLOGI
Full text linkThis Article discusses how the legal determination commit major sins in the study of Islamic theology, is still said to be a believer or an infidel. The three principal problems is a major issue in this article. Even very surprisingly, the issue first appeared and debate is not a matter of theology, but political problems at the start with the death of the caliph Utsman ibn Affan to the three who were later replaced by the Caliph Ali ibn Abi Talib became Caliph to four. In the reign of Ali ibn Abi Talib these political upheavals began to appear. At the start the challenge and rebellion of the companions of the Prophet himself that Talha and Zubair with the Prophet's wife, Aisha ra., Who refused Ali as caliph, Ali ibn abi Talib but can cripple the pemberontaka. Then the uprising Mu'awiya ibn abi Sufyan ended with the Siffin war , then do tahkim (arbitration) that led to the outbreak of Muslims into three groups at the time , namely Ali ibn abi Talib group, Mu'awiyah groups and groups Khawarij. Of events tahkim (arbitration) then this is a debate about the commit major sins, faith and kufr
REVOLUSI ILMU PENGETAHUAN DAN RELEVANSINYA TERHADAP PEMBAHARUAN HUKUM ISLAM
Full text linkThe development of Thomas Kuhn's epistemology has brought certain changes in human civilization and a major influence on thinkers of Islam. Kuhn has interesting fact that the philosophers of science generally ignores the basic hermeneutic issues such as the question of what is actually done by a scientist. According to Kuhn rasioanalitas ambiguous scientific fact that basically is not merely a matter of induction or deduction or rasioanalitas also objective, but rather on matters of interpretation (hermeneutical) and persuasion which tends to be more subjective. Methods renewal of Islamic law and family law in contemporary Islamic thought though shades of change is quite pronounced but reform law paradigm of classical legal methodology to a new methodology be applied is still rare. Because according to legal experts who are still using the classic paradigm of new methods offered does not offer a complete solution in addition to the still strong around the confines of dogmatic result of this apathy is getting stronger, and most of the Islamic State and non- state wear Islamic law and Islamic law most families in particular are still patterned utilitarianistik. But stretching renewal undertaken by thinkers over a bit much to excite a new study in the field of family law in particular and Islamic thought in general and also become a point of departure expectations change when Muslims slumped amid the swift currents of change
MELACAK PEMIKIRAN PEMBARUAN HUKUM ISLAM DI INDONESIA
Full text linkEfforts to reform Islamic law, among others, characterized by attempts a review of materials jurisprudence based on the reinterpretation of the texts. This is done because the interpretation of the results given earlier scholars are very thick with the conditions of his time which is certainly different from the situation today. So, the update is needed for the actualization of Islamic teachings relating to the rule of law as contained in the texts. In this case, does not mean changing or leaving the texts of the Qur'an or hadith of the Prophet, but just update the interpretation of the texts to fit with the times. This study is intended to explore some of the basics of thought leaders who are giving birth to a step-by-step reform of Islamic law in Indonesia. Through the identification and exploration of the reformers thought leaders can be affirmed that in some aspects of Islamic law is needed contextualization or development taking into account the social conditions and the times in order to continue dialectic with people's lives and the growing age
KORELASI MAQẢSHID AL-SYARỊ’AH DENGAN METODE PENETAPAN HUKUM
No full textMaqashid al-Syariah is known as a method of Islamic law philosophy. It put a reason to explore the inner meaning of the text by connecting reality that appeared arround it. Meanwhile, the method of decision law is one way to find and act the law among the people. Maqashid syariah and method of decision law has corelation to fulfill the ideal meaning of law in the text and in other way, maqashid syariah purposes to realize the maslahat for peoples
HAK KEWARISAN ANAK LUAR NIKAH BERDASARKAN HUKUM ISLAM DENGAN UNDANG-UNDANG PERKAWINAN No.1/1974
Full text linkThis article describes the inheritance rights of children comparative law outside marriage under Islamic law with marriage law No. After the Constitutional Court Decision 1/1974 of the Test Matril Marriage Act. The approach used is a normative juridical. Based on the results obtained by the understanding that the discussion is based on Islamic law does not justify the right heir to the child outside marriage (zina), to have a child outside marriage only nasab with his mother. However, based on the Constitutional Court's decision that a child outside of marriage will actually occupy an equal footing with legitimate children in terms of inheritance, if the heir just leaving heirs only child outside marriage