DIKTUM: Jurnal Syariah dan Hukum
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PRODUK PEMIKIRAN HUKUM ISLAM INDONESIA (Telaah dalam Prespektif Kearifan Lokal)
Full text linkThis article titled Product of Islamic Legal Thought Indonesian (already in the perspective of local wisdom). Gave birth to a subject heading as “How the Islamic Legal Thought Indonesian Products from the perspective of local wisdom” To solve the existing problem, use multiple methods and approaches, including: methods of data collection and analysis as well as juridical and sociological approach. The next process is carried out a description of the products of Indonesian Islamic legal thought, which is based on religious law, fatwa, jurisprudence, and law. The followed a discussion of local knowledge into consideration in the product of Islamic legal thought known through the work of the clergy in general and local knowledge in the products of Islamic legal thought, especially in Indonesian. In the end, the produc of legal thought Islamic Indonesian remains under Alquran and hadith and is also not free from the influence of local knowledge or the
DUI MENRE DALAM TRADISI PERKAWINAN BUGIS DALAM PERSPEKTIF HUKUM ISLAM
Full text linkThis study describes the problem Dui Menre in Bugis Marriage Traditions in the perspective of Islamic law. The type of research is to study the phenomenology. While the data analysis techniques used were: 1) Analysis of Inductive, 2) a deductive analysis, and 3) Comparative Analysis. From the research results obtained information and the understanding that: 1) Dui Menre in the tradition of marriage in the District Bugis Bacukiki Parepare City is one of the mandatory requirement in customary marriage Bugis. 2) The response of the Bugis community Menre Dui, Dui Menre that the number of marriages in Bugis tradition is high and becomes a burden for the men to hold the marriage. 3) Law Dui Bugis Menre in the tradition of marriage is permissible under Islamic law to be done and does not constitute one of the pillars and conditions of the implementation of a marriage
AKSIOLOGI BUDAYA BUGIS MAKASSAR TERHADAP PRODUK PERATURAN DAERAH (PERDA) DI SULAWESI SELATAN (Studi Politik Hukum)
Full text linkIn general most of the tribes in South Sulawesi has a relationship, both in terms of language, as well as culturally. Bugis Makassar in public life, customs is a factor that was crucial. Indigenous is a manifestation of the "philosophy of life" man Bugis Makassar in their social institutions and occupy the highest positions in the social norms that govern the behavior patterns of people's lives. Social system or societal values that were born under customary provisions have established patterns of behavior and views of human life Bugis Makassar. Adat is the key idea underlying all of his relationships, both with fellow human beings, social institutions, as well as with the natural surroundings, even with the macrocosm. As customs, rules accustomed, certainly can be called traditional, but not in the sense panngaderreng essential. Such a custom would be opposed by panngaderreng because panngaderreng actually build dignity and human dignity. Panngaderreng happenings include ade 'about talking, about rapang, about wari and about sara'. But the progressive side of the law, look to a tendency to ignore the custom that we have and nurture over the years. And penetration protection against the formation of customary law are sometimes forgotten even element values in it have not been able to exist in the underlying fundamental laws of various products. Since most products are still legal hegemony in the interests of society who tend to put in a position pheriperial, or known by the politically conditioned, especially in the context of law in South Sulawesi regressu
IJTIHÂD ISTINBÂT DAN IJTIHÂD TATBÎQI MENURUT AL-SYÂTIBÎ DALAM KITÂB AL-MUWAFAQÂT
Full text linkThis article outlines the problems and tatbiqi istinbati ijtihad according to al-Syatibi in the book of al-Muwafaqât. From the results of the discussion is known that; Ijtihad is an attempt to think optimally in multiplying laws of the source for answers to legal issues that arise in society. Istinbâti Ijtihad is an effort to conclude the law of his sources (legal excavation efforts of the sacred texts). While ijtihad tatbîqi is an attempt to apply the law appropriately to a case (attempt to apply the law that was unearthed from the sacred texts to the object of law). According to al-Mujtahid Syatibi should not apply the law that has been excavated from the Qur'an or the Sunna as it is, he is obliged to give consideration based on the circumstances surrounding the object of the law. Wherever the law resulting from his ijtihad is not suitable to be applied to the object of law because the application of laws that bring harm, then the mujtahid must find other, more appropriate laws so that harm can be eliminated and the benefit can be achieved
ASAS-ASAS HUKUM KELUARGA DALAM KOMPILASI HUKUM ISLAM (Membedah Pasal-pasal KHI)
Full text linkThis article describes the problem attempts to dissect the articles in the Compilation of Islamic Law (KHI) in order to identify the principles of family law contained therein. From the identification results, it found the principles of family law, namely the principle of freedom, protection and preventive principles, the principle of monogamy, the principle of responsibility and justice, principles ijbari, bilateral principle, the principle of impartial justice, and the principle of legal certainty. Therefore, it can be affirmed that KHI had to cover the principles of family law. Except that, found some irregularities, inconsistencies and overlap, among others: (1) Lots of articles KHI is a duplication of the Law no. 1 of 1974, which should not speak in procedural areas, but focus on the substance, (2) In the use of the term, several articles in the KHI is less clear, or overlap and seem inconsistent in the use of words or phrases, such as words and qabla mitsaaqan ghaliizhan al-dukhuul, guardian of marriage, and marriage witnesses, (3) remove the authority of the guardian turns KHI mujbir to marry a woman without that person's consent, (4) KHI allow consent granted to a given power law
KONSEP KEJAHATAN DALAM AL-QURAN (Perspektif Tafsir Maudhu’i)
Full text linkThis article describes the concept of evil in the Quran with commentary maudhu'i approach. The results of this study obtained information that the Qur'an uses several terms to represent various forms of crimes committed by humans. Among these terms are al-fasad, al-fusuq, al-isyan, al-itsm, al-zulm, al-fahsiyah, al-munkar, al-bagy, al-batil dan makr. Based on the etymological sense contained in the word and by looking at the context of its use in the Quran, it is understood that: 1) Ontology crime is the use of one of the potential given by Allah SWT. outside the corridor he has set, 2) Existence of evil in the Quran include crimes against God, a crime against the environment, the social evil, evil cultural, economic crimes, crimes of personal and communal, 3) factors causing crime is an internal factor in the form of insularity and ignorance, arrogance and hubris, despair in life. In addition to external factors ie Satan's temptation and pleasure. As a result of the crime is the appearance of damage (al-facade) and evil (al-syarr)
FARDHU KIFAYAH (Sebuah Analisa Pemikiran Hukum Prof. K.H. Ali Yafie)
Full text linkThis article describes the problem Fardhu kifayah: An Analysis of Legal Thought Prof. K.H. Ali Yafie in which try to explain the concept of Fardhu kifayah once again placing it a more proportional. In this study the authors also try to provide a more solid description set out in the discussion with an intellectual biography of a charismatic cleric in South Sulawesi. The method used in this study pure library approach is to read various scientific works, especially leaders KH Ali Yafie. The results showed fardhu kifaya concept is a concept that is very rational in growing social concern for> people with fixed based on what the writer is term prudence in religion
KEHUJJAHAN HADIS MENURUT IMAM MAZHAB EMPAT
Full text linkThis article presents the opinion of imams of four Islamic legal schools (mazhab) regarding the validity of hadits as the source of Islamic law. This study shows that the opinion of the imams on that issue is various. According to Abu Hanifah, al-sunnah can be accepted as the source of Islamic law with the condition that it is related by reliable men. As to hadits ahad, he requires that it does not contradict the principles agreed upon by ‘ulama, and its content (matan) does not concern with general issues, nor does it contravene the qiyas. He even accept the hadits mursal if it does not contradict the Quran. While according to Malik bin Anas, hadits can be accepted as the argumentation (hujjah), not only for hadits mutawatir, but also for hadits masyhur, hadits mursal, and hadits ahad, with the condition that they do not contradict the actions of Madinah scholars. Idris al-Syafi’i contends that hadits ahad can be accepted as the source of Islamic law with the requirement that it is related by dhabith transmitter. This is also the case with the hadits mursal. According to Syafi’i, the status of hadits mutawatir is higher than hadits ahad and hadits mursal. Another imam, Ahmad bin Hanbal, uses all kinds of hadits, mutawatir, ahad, mursal, and dha’if, as the sources of Islamic law. He even prefers hadits dha’i
PENYELESAIAN SENGKETA DALAM KEWARISAN ADAT DALAM PERSPEKTIF HUKUM ISLAM
Full text linkThis paper describes the customary inheritance dispute resolution in the perspective of Islamic law. The analytical method used is descriptive qualitative analysis, which include: 1) inductive method, 2) Method deductive, and 3) The comparative method. Discussion of the results obtained by the understanding that: Based on the results of data analysis and discussion of results of qualitative descriptive research for one month, then it can be summed up as follows; System inheritance garden in the District Maiwa Enrekang is basically deliberation, in consultation division two, the system of inheritance heir died before and after heir dies. The process of inheritance to the heir was still alive at the time Maiwa society can be implemented in a way instructed or intestate. Inheritance Heir Dies After implemented in two ways such a calculation fiqhi Islamic inheritance, which in this division of the boys doubles and girls the same way ma'bage mana’ (flat share), where the boys and women's equal and balanced. This is done because according to the District Maiwa Enrekang that this system is a way to get justice among all heirs. In the perspective of Islamic law such a way that does not conflict with the nature and objectives of Islamic law which is to create peace and tranquility, as described in the verses of the Quran and the Hadith of the Prophet
EFEKTIFITAS FIKIH DARURAH DALAM MENYELESAIKAN MASALAH HUKUM KONTEMPORER
Full text linkThis paper is one of the many papers that talk about fiqh darurah. But in the specific context, this paper discusses the effectiveness of Jurisprudence darurah in resolving contemporary legal problems. In that regard, the results of this study to answer two main issues, namely the nature of Jurisprudence darurah and effectiveness in solving the problems of contemporary law. Jurisprudence Discussion darurah not just related to food, even Quranic verses that are directly related to fiqh darurah just talking about food. Jurisprudence darurah it as a proposition or a source of Islamic legislation which can be used to solve the problems of contemporary law. Inserting a row darurah in determining sources of Islamic law means are summarized all events from a variety of situations and circumstances. Jurisprudence darurah have an influence on the legal provisions that already exist and have the determination of the effectiveness in terms of the law to cover complex issues posed by the development of science and technology