DIKTUM: Jurnal Syariah dan Hukum
Not a member yet
193 research outputs found
Sort by
KONSEP KETATANEGARAAN DALAM ISLAM
Full text linkoai:ojs2.iainpare.net:article/33Qur'an as scripture has laid the principles and ethical values in society and state. The principles practiced by the Prophet in his capacity as head of state, so he was able to create a system of government that is peaceful, prosperous and democratic. Government that upholds justice, equality, and protection of human right
DINAMIKA HUKUM ISLAM DAN AKTUALISASI TEORI-TEORI BERLAKUNYA HUKUM ISLAM DI INDONESIA
Full text linkThis paper titled dynamics of Islamic law and actualization theories of Islamic law in Indonesia. Main problems is how the dynamic development of Islamic law in Indonesia? in solving the problem briefly used methods, such as the study begins with the collection of data from multiple reference literature then written to the qualitative analysis through several approaches such as historical approach, sociological and juridical. Found that the development of Islamic law is very dynamic and competitive since the entry of Islam in Indonesia. Though Islamic law under challenge but it still can grow and synergize with Islamic laws that exist in Indonesia such as customary law and Western law. Of the dynamics, appeared several theories enactment of Islamic law such as the theory of The Creed of Islam, Reception in Complexu theory, Receptie theory and Exit theory. These theories are recorded in the history of Islamic law in the colonial period and the early days of independence. Attention to the meaning and legal basis of these theories in the development of Islamic law from time to time, these theories still exist, and can be actualized in the middle of coaching and the implementation of Islamic law in Indonesia, because it has a strong philosophical foundation and the real sociological foundation. Just depends on the willingness and ability of the people of Islam
PENAFSIRAN TERHADAP KEDUDUKAN ALAT BUKTI DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN
Full text linkFormal judicial, law of evidence in Indonesia does not accommodate electronic documents as evidence, while in practice in Indonesia through e-commerce transactions has been widely used business transactions electronically. With further increase electronic activity, evidence that can be used by law should also include such information or documents electronically. Recognition of electronic information as evidence in court is still questionable validity. In the practice of the courts in Indonesia, the use of electronic data as valid evidence is virtually never existed, though in some countries, the electronic information recorded in electronic equipment has been taken into consideration in the judge decide a case, either criminal or civil. Practice it was not the party who filed the electronic evidence to face trial , except for criminal cases, so that the civil judge in the District Court, for example at the Bandung District Court decides there is no case which recognizes the electronic evidence as evidence that the same force with tool - proof evidence contained in Article 164 HIR. With this fact suggests that civil disputes generally in the District Court is not a dispute relating to the business and leads of electronic transactions. Evidence is not provided for in Article 164 HIR, can not be regarded as valid evidence. This is because the law of civil procedure is a formal legal binding. As the most powerful man in deciding a case , and is regarded as the person who can give vonnis van de rechter (judge 's decision) , a judge granted flexibility to find the law (rechtsvinding), either by means of legal interpretation (wetinterpretatie) or by digging , following the and understand the legal values that live in the community. Legal theory lex specialis derogat lex generalis also be a reference judge in admitting electronic evidence as valid evidence, the law specifically waives the old law, Through the ITE Law, related to the strength of evidence of electronic evidence, the judges should be admitted as electronic evidence and legal evidence has the same probative force of evidence set forth in the HI
BURSA EFEK DALAM EKONOMI ISLAM
Full text linkIn the discussion of Islamic thought to reconstruct the conventional financial instruments that are not allowed by Sharai , and circulated in the capital markets , then submit proposals for the Muslim jurist and scientists on the alternative financial instruments in accordance with the new Islamic fiqh . The discussion outlined as follows: 1) The transfer of activities that firms issuing common stock and indulge in the forbidden activity toward longer lawful good , 2) Elimination of the terms relating to the preferred shares as collateral for the return of property and collateral for part of particular benefit to conform with the provisions of law , 3 ) Elimination of bonds that have a fixed interest rate and certain investments and turn them into securities that participate in the profits and losses without any guarantee on its back above the price or profit , 4) the jurist and Muslim scientists have ijtihad in Islamic economics in creating some new securities in accordance with the provisions of Mam . Among them are: Bond mudarabah letter al-muthlaqah al-Islamiya, al-mudaraba Letters Muqayyadah bi masyru ' mu'ayyan , Surat al - mudaraba Muqayyadah bi blunt mu'ayyan , Obiigasi mudaraba which can be converted into shares , Letter of special financing , special investment letter , letters of different deliberation , investment bonds Island
ASPEK SOSIO-KULTURAL DALAM KITAB-KITAB FIKIH
Full text linkThis article outlines the aspects of socio-culturan problems in the books fikhi. From the discussion, it is understood that the concept of Islamic law reform must be based on the spirit to ground within the framework of the implementation of Islamic law through legislation and regulation. Therefore, the use of the methodology and multidisciplinary approach in establishing a very urgent law to be held. With the elaboration of classical methodologies and modern scientific approach will produce an objective study of jurisprudence, humane, and progressive. Due to advances in science and technological and globalization that swept the world today implicates the changes in social life. Changes that occur in a variety of fields, so it is certain that the social conditions also change with the level of thought patterns that develop. Law so that it can be because it is influenced by, the influence of foreign cultures, saturation of the system is established, and the level of belief against the law increasingly. There are many factors that affect birth of fiqh. The aspects that are directly related to the life of the clergy, so that it has relevance in shaping their thinking horizons. Aspects that include; a ) Political Aspects, b ) Cultural Aspects , 3 ) Social Aspects of socia
URGENSI DEMOKRASI DALAM PENEGAKAN HUKUM DI INDONESIA
Full text linkThe basic principle of democracy that is aimed at establishing guidelines and a system of government that protect the interests of the people-oriented and to fight for the rights of the people, without being partial, in the sense mendominankan one group from the other groups in all aspects of life. Terlaksanaya a good legal system and moral will give birth to a democratic system that is authoritative, then the proper creation of the bureaucratic system of government in the sense that a good democracy, the implementation of the application must berekses legal value that is consistent with the will of the meaning of democracy. The law has a high enough benefit in the struggle of human life. To that end, the rules that are in it to make a change or transformation of the legal value of a democracy on any order of statehoo
BUDAYA HUKUM DAN IMPLIKASINYA TERHADAP PEMBANGUNAN HUKUM NASIONAL
Full text linkThe culture of law is acceptance and resistance on a law event indicating each human behavior on legal problem and event brought in to community. The law can't be only seen from the yuridical perspective, but it must be seen by several perspective according to people and nation development either developed or developing countries. National development is an absolute requirement to improve people life, nation, and state
PASAR UANG DITINJAU DARI SOSIOLOGI EKONOMI
Full text linkMoney market is a market where securities are traded short-term, while the foreign exchange market is a market where securities are traded in a currency with another currency involved. Money Market Rates in Conventional usually expressed in a percentage that represents revenue associated with the use of money for a certain period of time. Interbank Money Market Sharia is a short-term investment activity in dollars between market participants based on the principle of Mudaraba, which is an agreement between the investor funds and fund managers to conduct business for profit, and the profit will be distributed to both parties at a ratio teiah agreed upon in advance. Letter of Bank Indonesia Wadiah (SWBI) has diganukan with instruments called Deposit Bank Indonesia Sharia abbreviated FASBIS. FASBIS is the deposit facility provided by Bank Indonesia to Bank for placing funds in Bank Indonesia Sharia in order jucilities standing
MAQASHID AL-SYARI’AH (Telaah dalam dimensi Ketuhanan dan Kemanusiaan)
Full text linkThis article titled “Maqashid al-Syari’ah (Assessing the dimensions of Divinity and Humanity)”. Maqashid al-Syari’ah, it simply means that the purpose of Allah swt, create Syari’ah that govern the lives of His creatures especially humans. One of the most important goals are for the benefit of human life in all aspects, both aspects of the spiritual and physical aspect. Allah Swt. creating Syar’ah, philosophically when analyzed contains two dimension. First, the absolute dimensions or non-negotiable and must be received in faith. What Allah commanded and forbidden, must be carried out (dimensions Godhead). Second, the dimensions of which there are legal aspects relating to the real conditions of human life from time to time. These aspects require reasoning or human involvement to solve the legal problems faced by humans (human dimension)
EPISTEMOLOGI USHUL FIQH
Full text linkUsul-Fiqh is the science of wealth treasury directly or indirectly, helped enrich our religious models. Implementation of Islamic Shariah will be hard if the science is not there, because-fiqh usul fiqh regarded as a guide is the answer for our lives. This science can answer some of the issues raised, it is that we can exploit, we should know the answer to what needs to be performed by this science. In Islam, all the texts of the Qur'an and Hadith al-zhanni shaped the meanings that emerge from the text was always formulated in a different conclusion (mukhtalaf FIH). For followers of the theory mushawwibah would say that all the disparate conclusions, which really is not one, in fact it could be all right. Similarly, if all the jurists show frameworks in line with the path-fiqh usul. While followers mukhaththiah would argue that all the conclusions that a lot of it, which is really just one, especially if there was some conclusions contradictory values. Approach to regional schools and schools of universal merefren basically on the corner of the development of usul fiqh itself. If ushuliyun it absurd to base its development on its own, meaning he developed a regional-fiqh usu