DIKTUM: Jurnal Syariah dan Hukum
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KORELASI ANTARA FENOMENA SOSIAL DAN FIQH DALAM SISTEM HUKUM POSITIF
Full text linkEfforts ijtihad actually introduced since the early days of its formation by the Prophet. This step is a friend and inspiration to the next generation to continue to innovate in the field of Islamic jurisprudence. Current social reality, Muslims are faced with a variety of challenges and new problems that require dynamic ijtihad in addressing the social aspects of the Muslim community , as a result of the advancement of science and technology , in order to remain able to meet the challenges of the times that keep rolling with problem - probloma that impose legal settlement . But even so, there also tends to flow more closed to the possibility of the amendments made in the law of Islam, though with through ijtihad. For these circles, understand that all the provisions in Islam, everything is completely presented in the Qur'an qath'iy. Islamic law as a social engginering (social engineering), is a dynamic and creative force in anticipation of any changes and new issues. It can be seen from the emergence of a number of schools syste which has its own style according to sisio-cultural background and political schools of thought in which it is growing and evolving. This phenomenon drove to the system of Islamic law codified law in some Islamic State. Such as found in the familial and social issues (civil). Another aspect of Islamic jurisprudence is still controversial criminal matters (jinayah), recently became a lively issue discussed and fought for codified into the legal system
HUBUNGAN NILAI KEBENARAN BERDASARKAN FILSAFAT ILMU DENGAN TINDAK KEKERASAN SEKSUAL TERHADAP PEREMPUAN
Full text linkThis article unearths the sexual abuse to women. Using legal approuch, this study reveals that goal of law in criminal punishment is essenstially to protect the victim from crime, especially raping. The criminal punishment to the person who commits crime is the right of the victim who has susfered from psycal aspects. Althought the goal of the law is very ideal, the implementation of the law is stiil for from ideal, since the rights of the victims os rapinf are often abandoned. This is evident if we refer to the regulations in the Criminal Punishment Law that normatively negles the protection of the vistim’s basic rights. In addition, the goal of the law in judicial (normative) subtance has not been in harmony with the substance of Islamic Law and related with the correspondence theory of truth
HUKUM DAN KEPENTINGAN MASYARAKAT (Memosisikan Hukum sebagai Penyeimbang Kepentingan Masyarakat)
Full text linkAlthough Indonesia has over ten years into the era of legal reform have not favor the interests of the community. Law is still loaded with the interests of certain parties like the ruling. This is evident from the product law for national and local regulations for local scale. Reform of the law enforcement officials running slow when compared with the substance of the reform law. This leads to the law can not act as a counterweight to the interests of society in order to realize justice and truth
KONSEP QATH’I DAN ZHANNI AL-DALALAH DAN PENGARUHNYA TERHADAP PENAFSIRAN AL-QUR’AN
Full text linkThis article describes the problem and the concept qath'i zhanni al-dalalah and its influence on the interpretation of the Qur'an. From the results obtained literatus assessment some understanding that the Qur'an as the word of Allah, there is no difference of opinion among Muslims regarding the truth of the source, ie from Allah. Muslims also have the same belief that the editorial verses of the Qur'an were collected in the manuscripts is the same without the slightest difference to that received by the Prophet Muhammad. Of Allah. through the Angel Gabriel. Layout differences among Muslims is in terms of editorial content of the meaning of the verses of the Qur'an. Usul Fiqh Scholars divide the texts of the Qur'an to the two components, namely qath'i and zhanni al-dalalah. Qath'i al-dalalah is clear and certain passages that have only one meaning, and not open to other meanings. While al-dalalah zhanni is the opposite of qath'i al-dalalah, he was open to interpretation. Another interpretation by scholars, he did not make the classification of passages of the Qur'an, that there is no one zhanni qath'i and al-dalalah, because he thinks in that way it was meant to limit the meaning, and interpretation al-Qur 'an. In the Qur'an it is able to contain a lot of interpretation. With the concept of al-dalalah qath'i by scholars Usul Fiqh course is unfavorable interpretations among scholars, because the concept was meant to limit the meaning efforts, interpretation of the texts of the Qur'an itself. But the concept of al-dalalah zhanni by Ulama Usul Fiqh, wide open opportunities to interpret, interpret the texts of the Qur'an was, in a sense have a major impact and positive influence on the birth of the commentators and the mujtahid
HUKUM ISLAM DAN MULTIKULTURALIS- PLURALITAS DI INDONESIA
Full text linkCulture is a whole system of ideas, actions and products of human endeavor to fulfill their lives by learning, all of which are arrayed in people's lives. Pluralism is understood that a plurality of saw it as a reality that is positive and as a necessity for salvation of mankind. Multiculturalism is a recognition that some of the different cultures can exist in the same environment and benefit from each other. Or the recognition and promotion of cultural pluralism. Since the early development of Islam as a conception of reality has accepted socio-cultural accommodation. This accommodation is increasingly seen as an Islamic region evolved such that it became a worldwide religion. In certain cases, accommodation is created in such a way, giving rise to "a variant of Islam". Pluralistic society (plural) where people from various ethnic backgrounds, tribes, nations and religions come together and live together will pose its own challenges that need to be answered by the urban community by developing properties that match the circumstances. The properties that match the state of society is this city is a multicultural civil society - and of course involve certain attitudes are becoming multicultural society demands. These gestures include, among others, inclusivism, humanism/egalitarianism, tolerance, and democracy
DISTRIBUSI ZAKAT FITRAH DI KELURAHAN BENTENG KEC. BARANTI KABUPATEN SIDRAP (Tinjauan Hukum Islam)
Full text linkThis study is a survey research conducted in urban Fort Subdistrict Baranti Sidrap. This study aims to determine how the distribution of tithes in the Village of Fort Subdistrict Baranti Sidrap and how the distribution of tithes in the Village of Fort Subdistrict Baranti Sidrap and review its Islamic law. This research is qualitative with a phenomenological approach to data collection and juridical using interview techniques, observation, documentation and library research. The data analysis technique that is both inductive and deductive. The results of this study indicate that 1) Distribution of tithes in the Village of Fort Subdistrict Baranti Sidrap still follow traditional customs of local communities by distributing zakat fitrah directly to the beneficiary as poor neighbor , imam of the mosque, an employee of Personality', tutor children and shamans , 2) the distribution of tithes directly Fortress Village society is legitimate in terms of Islamic law , but distribution through zakat management institutions will be much more effective
REFORMULASI HUKUM ISLAM DALAM KONTEKS MULTIKULTURALIS-PLURALITAS DI INDONESIA
Full text linkThis paper examines refomulasi Islamic law in the middle of the plurality of phenomena both in terms of culture and religion in Indonesia. Beginning with a discussion of basic concepts of multiculturalism and pluralism of society and a general overview of the phenomenon of plurality (plurality) in Indonesian society. From these discussions then analyzed how to reformulate the application of Islamic law in the context of multicultural-plurality in Indonesia. Based on this analysis, it was concluded that the application of Islamic law in the context of the Indonesian national diversity leads to a cultural approach, which emphasizes the principles and values that are universal Islamic teachings such as fairness, honesty, freedom under the law, the legal protection of the public is not the same religion, and upholding the rule of God's law. While the application through the formalization of Islamic law in the national legal system is still limited to the civil rules
KONTRIBUSI SYALTUT DALAM REFORMASI HUKUM ISLAM
Full text linkThoughts Syaltut a role model for most of the Egyptian Muslims and even other Muslims in Islamic countries through their readings of the books he wrote. Syaltut considered a mujtahid are popular, because of his ideas and his thoughts can be accepted by the majority of Muslims, especially once the scientists of the Islamic countries. His books are reviewed and scrutinized by people outside of Egypt. Syaltut their thoughts and discuss their learning and many of them are making figure Syaltut and pernikiran - thinking as a comparative study and a lot of students who earn a master's degree , even a doctorate to discuss and examine the books and thoughts . Not only the Egyptians who provide feedback and appreciation for their thoughts and ideas , and even the international community recognizes its scientific capabilities , such as when he describes the legal position at the Congress of International Law in The Hague (the Netherlands), his views accepted and welcomed the experts and academic
PEMIKIRAN IMAM SYAFI’I TENTANG KEDUDUKAN MASLAHAH MURSALAH SEBAGAI SUMBER HUKUM
Full text linkThis paper studies regarding one aspect of the discussion about the science of motion fikhi beneficiaries mursalah position as a source of law in the view of Imam Shafi'i. The issue is how thinking about the position of Imam Shafi'i maslahah mursalah as a source of law. In the discussion of its principles Fiqhi, one of the sources of law that is often disputed among scholars of usul use is maslahah mursalah. Imam Shafi'i firmly rejected mursalah maslahah use as a source of law to argue that Islamic law has come with all the laws that realize the benefit of all human beings, either through the Koran and Hadith or qiyas manner to the existing case law
DOMINASI CERAI GUGAT DI PENGADILAN AGAMA KABUPATEN SIDRAP (Polemik dan isu Gender dalam Kasus Perceraian di PA Sidrap)
Full text linkThe number of divorce that occurred in the district increased Sidrap based on data from the Religious Court Sidrap in 2013 recorded 708 divorce cases filed with the Court of Religion, 80.5% were contested divorce. This condition is developing new polemic in the life of society and raises new issues related to gender issues. Issues arising start growing awareness of women of their rights in a marriage that demands sameness and equality. Gender issues was often misunderstood issue, as if it was a form of resistance to women, when in fact the concept of gender is socially constructed between women and men that accommodates the problems and issues them to seek justice and equality