DIKTUM: Jurnal Syariah dan Hukum
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KADERISASI FUQAHA DALAM PERKEMBANGAN HUKUM ISLAM
Full text linkThis article elucidates the regeneration of Islamic legal scholars in the context of the development of Islamic law. Using historical approach, this study shows that fiqh as a discipline did not exist in the early phase of Islam. The term fiqh in that phase referred to its etymologic meaning, i.e., comprehension. The companion of the prophet who had in-depth comprehension of Islam was termed faqih (plural: fuqaha). So, the term fiqh in its early phase of Islam signified an overall comprehension of all the teachings of God relating to belief, law, ethics, and other aspects. The regeneration according to Islamic perspective is aimed at preparing the candidates of highly intelligent, mature leader, with high moral integrity, who will guard and develop the identity of Islam as khair ummah (the best community). Nowadays, the cadre of Islam continues to exist to maintain and develop the regeneration of Islamic legal scholars through mosques, religious organizations, and pesantren (Islamic boarding schools)
PERKEMBANGAN PEMIKIRAN FILSAFAT DALAM JURISPRUDENSI ISLAM
Full text linkThis article studies the development of philosophical thought in Islamic jurisprudence. This study aims at tracing the origin and transformation of philosophical thought in Islamic world, and the influence of philosophical thought in the development of Islamic social law. This article demonstrates that the philosophical thought in Islamic law finds its fundamental bases in the Qur’an and hadits. These fundamental bases have then been developed by Islamic scholars in the philosophy of Islamic law
FATWA DAN AKTUALISASI HUKUM ISLAM DI INDONESIA
Full text linkReligious authority is an extremely wide concept which may become manifest in an infinite variety of ways. It may be embodied in certain notions, in texts, in individual, in groups of persons, and in institutions in the widest sense of the word. For this reason, if a scholar wants to write an article about religious authority, it is essential to make a conceptual breakdown of the idea in order to write meaningfully on the subject. In the present contribution I would like to study the concept of religious authority in Indonesia through the vehicle of the Islamic institution of iftâ', delivering of a fatwa. In its classical form a fatwa consists of two parts: a question addressed to a scholar of Islam about a particular topic which has been addressed to him by one or more believers in order to obtain the scholar's opinion about this topic from the perspective of Islamic law. This part of the fatwa is called istiftâ' , while the person who raises the issue is called the mustaftî. istiftâ ', The second part of the fatwa is the actual answer given by the scholar, called the mufti , “ fatwa -giver”. The language of the fatwa is very formal and formulaic. In the fatwa, the mufti pronounces about issues which are of topical interest to the believer, by sang mufti referring to the standard manuals of jurisprudence. These topics often deal with ritual issues, but in principle may deal with any conceivable topic, including social and political issues or problems arising from the application and use of modern technology. In the course of time, fatwa’s issued by important mufti s have been collected and hese collections can be regarded as manuals of applied legal science. In short, it can be said that fatwa s constitute a meeting, and in many cases a compromise, between the ideals of the Holy Law, as expressed by the 'ulamâ', and the reality of daily life, as experienced by the believers. For a study of the working of religious authority the fatwa is useful, because the fatwa is an important instrument through which the 'ulamâ
HADITS AL-WALAD LI AL-FIRASY SEBAGAI PENETAPAN NASAB ANAK
Full text linkIslam is highly concerned with children, even though they are born from marriage by accident, or their existence are not recognized by their mother’s legal husband. One of the bases to determine the genealogy of a child is the hadits which runs, “al-walad li al-firasy, wa li al-akhir al-hajar.” This hadits explains that a child’s genealogy is associated with his/her mother’s legal husband; if there is a man claims that the child is his son/daughter, his claim is rejected. This aims at maintaining the cohesion of the legal family and, especially, for the atvantage of the child. The sentence al-walad li al-firasy in the hadits is gharib in pattern. In commentary books, many Islamic scholars try to give comprehensive explanation on this issue. The point that makes the Islamic scholars different in interpreting the hadits is the application of the word firasy for slaves and the order of hijab by our prophet to Sawdah binti Zam’ah. In this modern era, when free-sex life style prevails, the presence of a child from marriage by accident should have a solution. It will be an ironic situation if a child has to pay all the risks of the bad deed of his/her parent. Therefore, the interpretation towards the sentence al-walad li al-firasy in the hadits should by comprehensive, so that Islamic law will give positive contribution in overcoming contemporary problems of Muslims’ life in general, and the life of young Muslim generation in particular
ANALISA RELASIONAL SYARI’AH DAN NEGARA
Full text linkShariah in the country and there is a very close relationship and can not be separated in the framework of the implementation and enforcement of Islamic law for the benefit of mankind in this atmosphere of state and nation. It will also mean that the goal of reduction in the Islamic Shariah is not solely for the implementation of the rituals of worship per se, but more than that is a legal instrument which should be obeyed in the life of the country to regulate the system of government. Shariah as the legal system, has set the basics, norms, ethics, values. And for its development based on dynamic and development of the human life handed over to the Muslims to manage and develop without abandoning the spirit of the shari'ah
ANALISIS YURIDIS TINDAK KEKERASAN SEKSUAL TERHADAP PEREMPUAN
Full text linkThis article unearths the sexual abuse to women. Using legal approach, this study reveals that the goal of law in criminal punishment is essentially 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 suffered from psychological and physical aspects. Although the goal of the law is very ideal, the implementation of the law is still far from ideal, since the rights of the victims of raping are often abandoned. This is evident if we refer to the regulations in the Criminal Punishment Law that normatively neglects the protection of the victim’s basic rights. In addition, the goal of the law in its juridical (normative) substance has not been in harmony with the substance of Islamic law
WAKAF DALAM PERSPEKTIF FIKHI DAN HUKUM NASIONAL
Full text linkWaqf is one of philanthropy institutions in Islam. Debates on which have been coloring of dynamical thought of Islam law, occurred since classical Islamic scholar until modern one. Topics is concerning with existenie of waqif, mauquf ‘alaih (nadzir), mauquf (object), and sighat (proclamation). Fiqh and Indonesian rule, called UU (red. Act) are giving deepest attention and analysis. The latest makes combination and accommodation to reconstruct and widen of the implementation scope of waqf. It is due to reinterpretation derived from earliest concept, and public welfare reached is as final objeitive of its philanthropy based on new interpretation. This paper is also going to elaborate some new issues like cash waqf (waqf al-nuqud) and productive waqf, emerged from lack of propessionalism and mismanagement of waqf object. Tese elaborations presented to analysis content substance of the Act 41/2004 as compromised solution conducted by the Rule
TINJAUAN HUKUM HOLDING COMPANY DALAM KAITANNYA DENGAN PERSEROAN TERBATAS
Full text linkThis article unearths holding hompany from legal perspective. This study finds out that the establishment of holding company gives some benefits that, in turn, upgrade the ethos of a company, i.e: (a) operational system is more efficient; (b) independent risk is negated; (c) the decision is more accurate so that the goals will be more efficiently reached. The responsibility of holding company to its sub-company is actually limited based on share. Nevertheless, as the contractual relationship is established, according to 1995 Limited Company Constitution, the responsibility can be extended
PRODUK PEMIKIRAN HUKUM ISLAM DAN PROBLEMATIKANYA DI INDONESIA
Full text linkThis article studies the products of Islamic legal thought and their problems in Indonesia. The products of Islamic legal thought are the products of ijtihad of Islamic scholars (‘ulama) on Islamic laws concerning the activities (a’mal) of human beings. The primary sources of the products of Islamic legal thought are alquran and al-Hadits, while their secondary sources are logical reasoning (al-ra’yu). The application of the products of Islamic legal thought in Indonesia implicitly raises problems, yet explicitly it raises no problems as they are implemented in accordance with Indonesian constitution. Nevertheless, what escapes from our constitution is the criminal law (jinayat) that contains the punishment (hadd) such as cutting off hands for thieves. In this case, the practise of imprisoning the thieves is essentially in harmony with Islamic law
‘AZL (COITUS INTERRUPTUS) DALAM PANDANGAN FUKAHA
Full text linkThis article copes with the issue of ‘azl from Islamic perspective. Generally, ‘azl is the prevention of pregnancy by releasing the sperm out of vagina. In modern context, this practise is analogous with the family planning. The only difference is that the modern family planning uses medicines. Islamic scholars, basing their respective arguments on some hadits of the prophet, have different opinion on the issue: some of them permit the practise of ‘azl, while some others prohibit it. This study reveals that the hadits used by Islamic scholars who forbid the practise of ‘azl is dha’if. Therefore, the practise of ‘azl is actually permitted, with the permission of wife, and without permission if applied to slave