DIKTUM: Jurnal Syariah dan Hukum
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HUKUM ISLAM DAN TRANSFORMASI SOSIAL MASYARAKAT JAHILIYYAH: (Studi Historis Tentang Karakter Egaliter Hukum Islam)
Full text linkThis paper describes the problem of Islamic Law and Social Transformation Society of Ignorance. Through discussion with the understanding that the historical approach is obtained with a legal background pre-Islamic Jahiliyyah racist, feudal and patriarchal, Islam was born and brought up with legal changes to the character as opposed to the laws of Jahiliyyah. Islam teaches equality is reflected in the principles and laws of Allah and the Prophet Muhammad and his followers who want the egalitarian life. Conflicts of Quraish against Islam is closely linked to the religious aspect and the social aspect is a counter to the egalitarian system of Islamic law. by implication, an understanding of Islamic law must be followed by the realization that Islamic law has egalitarian character and it is a social change of the law that are not egalitarian Jahiliyyah into an egalitarian Islamic law
PEMBARUAN HUKUM ISLAM DALAM TERAPAN DAN PERUNDANG-UNDANGAN DI INDONESIA
Full text linkBased on the IMPRES No. 1 of 1991 dated June 10, 1991 jo. Ministerial Decision of Religious Affairs No. 154 of 1991 Date July 22, 1991, Islamic Law Applies nationally and where possible be used as guidelines and implemented by community and religious court judges throughout Indonesia. In setting decisions, the judges based on the Compilation of Islamic Law. Given the changes and reforms brought by KHI will require an analysis of the nuances and established Islamic law reforms contained therein, including that on the registration of marriages and permits polygamy. The idea of renewal of Islamic law in Indonesia has basically been pioneered in a long time and it happens among Muslims own relatively intense pull between the traditionalists / conservatives are so attached to the School of schools of jurisprudence on the one hand and the modernists who break away from the bonds schools of fiqh on the other. The traditional jurist does not require the registration of marriages, while in KHI recording it is a necessity and the marriage is not registered in the view does not have the force of law. Permit polygamy according to traditional Islamic law strictly without reservations may even allow polygamy are less likely to be responsible, while in KHI polygamy is seen as an emergency exit and skill must be with the permission of the court and the conditions are stringent. The foundation of the constitutional ideal and KHI is the Pancasila and the 1945 Constitution. It's a presidential decree published in the preamble and in the general explanation KHI. It was conceived as part of the national legal system that ensures the survival of religion based on belief in the Almighty God who simultaneously embodies the legal awareness and Indonesia. This is in accordance with article 29 paragraph 1 of the 1945 Constitutio
HUMAN TRAFFICKING DAN SOLUSINYA DALAM PERSPEKTIF HUKUM ISLAM
Full text linkThis article discusses the problem of human trafficking and the solution in the perspective of Islamic law. Human Trafficking is "the act of recruiting, transporting, storage, delivery, transfer, harboring or receipt of persons by threat of violence, the use of violence, kidnapping, abduction, fraud, deception, abuse of power or of a position of vulnerability, or giving entrapment debt payments or benefits to achieve the consent of a person having control over another person, whether committed within the country and between countries, for the purpose of exploitation or lead to the exploitation ". Considering that Human Trafficking is a crime against humanity that can not be tolerated. Appearance has destroyed life aspects, for violation of human rights became the main focus of this discussion with the approach of the literature. A review of the literature suggests that Human Trafficking in the form of slavery has existed since before Islam came even become a tradition in pre-Islamic social system. In the perspective of the social history of Islamic law, trafficking in any form is prohibited in Islam for violating human rights and dignity. And solutions for combating trafficking is transforming the Islamic concept of zakat utilization in addressing trafficking issues in a practical way. It means giving alms directly to the victims of trafficking as a group riqab and utilize zakat as support in funding programs to eradicate trafficking. Besides handling the problem of trafficking, conducted with the efforts and measures of structural and cultural, strategic and practical. Thus, efforts to eliminate trafficking in persons, especially women and children can be realized. Due to the elimination of trafficking in persons is a religious obligation, obligations, liabilities and obligations of all Muslims who respect human dignity and humanity
KONFLIK DAN KETEGANGAN DALAM HUKUM ISLAM ANTARA STABILITAS DAN PERUBAHAN
Full text linkConflict and tension is by Noel James Coulson in Islamic jurisprudence that the law of God is always confronted with the process of human intellectual activity that tries to transform the law of God. Law is a system of commandments determined divinity. Rejecting the principle is basically leaving the faith in Islam. While the transformation of man-made law take its own shape in the system of rights and obligations. The validity of the theory is not appropriate because Coulson puts clerical dissent as a form of conflict and contradiction in the law of Islam, although in epistimologi Islamic law that is intended to understand and find the law is not to define or create it. In the social history of Islamic law distinction paradigms of legal thought, especially among ahl ra'yi and Ahl- Hadith is not something that reflects the nature of the conflict and discord among Islamic jurists but the difference is the difference in viewing epistimologi Islamic la
ANALISIS KEDUDUKAN HUKUM ISLAM DALAM SISTEM HUKUM DI INDONESIA
Full text linkThe legal status of Islam in Indonesia is equivalent to the Dutch East Indies heritage law and customary law. Indonesia's population are Muslim, Islamic law is the source of the development of national law. Islamic law will be determined at the discretion of the national law as the legal government policy. Politicians, Muslim intellectuals and practitioners of Islamic law so to have a role in the enforcement of Islamic law into national law
SEJARAH KODIFIKASI HUKUM ISLAM DAN PENGEMBANGAN TEORI HUKUM MODERN
Full text linkThis article describes the issue of codification of Islamic law in the development of modern legal theory. From the assessment results obtained by understanding some of the literature that was essentially the codification of Islamic law is the codification of the rules of fiqh and usul fiqh rules and the development of theories of Islamic law that is based on Islamic law epistimologi. Therefore, the pattern includes the codification of Islamic law; codification of the rules of fiqh which includes three phases, namely the development of a period of growth and formation, the development and codification and the maturity and refinement. While codification of usul al-fiqh includes not only the rules of jurisprudence but also related to the struggle of who the originator of usul al-fiqh as a mode of philosophical thought in epistimologi Islamic law. Birth of legal theories under Islamic law epistimologi Why refer to the style of traditional and rational thinking in Islamic law underlies epistimologi birth maqasid al-Shari'ah theory developed by Islamic jurists before the era and the era of al-Syātibi maqashid theory after al- Syātibi
PARADIGMA KH. ALI YAFIE TERHADAP SUMBER- SUMBER HUKUM ISLAM
Full text linkThis article reviews the paradigm Yafie KH.Ali thinking about the sources of Islamic law in particular sources of law that has been agreed upon. The method used is a literature review with a direct look at various sources or manuscript is an original work of KH Ali Yafie. Ali Yafie figure was one of the active transform thinking through scholarly writings. Primarily covering the social, political, economic, and health dimensions of Islamic studies (Islamic studies)
POLITIK TRANSAKSIONAL DALAM PERSPEKTIF HUKUM ISLAM DI INDONESIA
Full text linkThis article describes the problem of transactional politics in the Islamic legal perspective. The results of the assessment with the understanding that the approach to literature obtained political behavior that occurred at this time in order to try to influence a person or group of people behave or act in accordance with the wishes of the first, by any means. The ways that used to be inducement, coercion or incentives to construct a second party. Political bargaining may be the threat of punishment, it can also be lucrative offers. First party power base to influence the second variety, can be monetary, political office and control of negative information about the second. Political practice as it was away from the political ethics in Islam. In the Qur'an, Allah Swt. commands Muslims to choose good leaders and the faithful, and to do justice. Because if the leader is good, smart, healthy, honest and not corrupt, fair and trustworthy people will surely prosper and prosper
RIBA DALAM ALQURAN (Suatu Kajian Dengan Pendekatan Maudhu’iy)
Full text linkIslamic Law in principle be dynamic, flexible and elastic to maintain a balance between the principles of Islamic rules' with the development of the world of thought, it is intended for the benefit of human life. Islamic law on property rights asserted material social functioning, therefore private property rights are not absolute, but related to social obligations. So the property owner does not fully treat her possessions, such as hoarding treasure, treasure spent in belebih exaggeration, using treasures to bribe, gamble, and trending thing not justified normative. Islamic law also regulates the development of property, Islamic law does not justify the development of the property by way of deprivation, oppression, or persecution, including the practice of usury, which is forbidden by Islamic law. Islamic scholars, Ulama agreed stating that the Koran clearly states usury laws is forbidden. Then differ in their views in response to the development of the monetary system or developments in economic transactions. When observed differences cleric and Islamic scholar in setting legal interest in the monetary system, it turns out that the difference arises because attitudes about their perspectives on the banking system. Ulema who justify seeing that the banking system is not as represented memperaktekkan riba riba in the Arab Jahiliyyah which is prohibited by the Koran. While scholars forbid, see the practice of usury in the banking system as riba is usury nasiah during Jahiliyya
KONSEP ISHLAH DALAM HUKUM ISLAM (Perspektif tafsir Maudhu’iy)
Full text linkAlquran is guidance of Muslim of all their actions. So, we never forget alquran as guidance to solve our (muslim’s) problems. Beside that the islamic law is based of alquran. That’s meaning all of the rules in islamic law must be based on alquran. In realities, the society of muslim appear many problems (complict) and Ishlah (peace in English term) is one of way to end the complict. According in this written, islah is the best way than the other ways to make peace who the people’ complict