DIKTUM: Jurnal Syariah dan Hukum
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PRINSIP-PRINSIP DASAR TENTANG HAK PERLINDUNGAN ANAK
Full text linkThe words of the Quran and the authentic traditions of Prophet Muhammad, contain the rights and responsibilities granted by God to humankind. These unique rights mentioned in Islam also include the rights of children. Children’s rights are not guaranteed by the actions of their parents, their communities, or even their governments. God Himself guarantees children’s rights. Children have the right to be fed, clothed and protected until they reach adulthood. The child has the right to a good education and a stable environment in which to grow up. Boys and girls, as well as orphans, possess these rights in full. Nevertheless God and Holy Prophet Muhammad gave parent certain obligations to assure children's rights
HUBUNGAN HUKUM INTERNASIONAL DENGAN HUKUM NASIONAL
Full text linkThis paper examines the relationship between international law with national law. International law is a set of laws that mostly consists of principles and rules of behavior that bind states and therefore usually observed in the relations of countries to each other. In this study concluded that the primacy of the law regulating legal relations between states in international relations, recognized the two views, namely: (1) dualism, which is based on the theory that the connective power of international law rooted in the willingness of the country, international law and national law are two legal systems or devices are separated from each other (2) monism is founded on the idea of unity of the entire law governing human life. In the framework of this thinking, international law and national law are the two pieces instead of one larger entity that is the law that governs human life
PENGARUH FAKTOR SOSIAL BUDAYA TERHADAP PRODUK PEMIKIRAN HUKUM ISLAM
Full text linkThis paper discusses the influence of social cultural factors of some products of Islamic law in Indonesia by analyzing ideas of the scholars in the form of fiqh, fatwa, the judge's decision and laws in force in some Muslim countries. It is concluded that in the history of Islamic law, social and cultural factors have an important influence in coloring products of Islamic legal thought
LAFAZ DITINJAU DARI SEGI CAKUPANNYA (‘ÂM - KHÂS - MUTHLAQ - MUQAYYAD)
Full text linkLafaz is an expression to understand a thing. The meaning of lafaz was strongly influenced by anything that followed it.Lafadz could have significant meaning:âm (general), khâs (specific), muthlaq (definite) and muqayyad (bound). This article explains how lafadz has a general, specific, definite, and bound meaning to explain the rules / regulations that may affect it. It exposed them by mentioning some opinions and compared them with examples from the Koran and Hadith to find a more clear understanding of the arguments of Syara’
PENERAPAN MANHAJ TERHADAP PENGUATAN FIKIH KADERISASI ULAMA PONDOK PESANTREN AS’ADIYAH SENGKANG
Full text linkThis paper discusses about the tradition of fiqh Madzhab in manhaji in scholars regeneration at Islamic boarding schools As’adiyah Sengkang. The focus of the study is the fiqh construction of Ma’had al-Aliy and implementation of Ma'had al-Qaeda Usuliyah in strengthening fiqh Ma’had al-'Aliy at Islamic boarding schools As’adiyah Sengkang. The approach of this study is a qualitative descriptive approach. It is concluded that the fiqh construction of Islamic boarding school As'adiyah is determined by scholars because they have full authority to lead and to determine the reference books of jurisprudence at the school. Then, the application of the methodology of fiqh can be seen in the use of the rules: (1) fiqhiyah; al-Umuru bi maqashidiha regard to the intention of ablution, (2) lughawiyah; in terms of mulamasah and permissibility mengqashar and shorten pray only for those on trip by using using Zahir meaning, not Majazi, and (3) ushuliyah in the distribution of tithes to eight asnaf
Asas-Asas Perjanjian (Akad), Hukum Kontrak Syariah dalam Penerapan Salam dan Istisna
Full text linkThis paper discusses the basic principles in the agreement (contract) and its application in banking products: salam and istishna. The study concludes that the contract in the perspective of Islam is more known as aqad. While the application of the contract using the contract Salam and Istishna. This contract is a contract of orders and sales. At the end of the contract period runs out, a property of the object becomes the object of such contract
EKSEKUSI ‘Ab INTESTATO’ WARISAN DUA BANDING SATU: RASIONALISASI SURAH ANNISA AYAT 11
Full text linkIn Inheritance laws, principle is applicable. If someone dies, then all rights and obligations switch to the heirs. This principle is stated in a French proverb "le mort saisit le vif", while the measurement of all the rights and obligations of the deceased by heirs was called "saisine". Heir is any person who is entitled to inheritance of heir and obliged to resolve the debt. The rights and obligations arising after the testator dies. Inheritance rights was based on the relationship of marriage, blood ties, and testament, which is set in law. Rationalization division of 2:1: male is responsible for zuriyat (offspring). He was in charge of keeping nasab of his father, the elder men in the family then, the obligations as men are so severe that God prepare them more than women. While women get inheritance for himself because she has become the responsibility of husband
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Full text linkThis paper discusses the principles of Islamic Sharia by analyzing the verses of the Qur'an, hadith, and some explanations of the scholars of fiqh. The principles of Islamic Sharia include justice, freedom, shura, humanely, fraternity and solidarity. Islamic civilization built on these principles has existed for several centuries ago in Asia, Africa, and Europe and it contributes greatly to humans and humanity in the form of prosperity, happiness, security, and prosperity to all mankind
NIKAH DALAM AL-QUR’AN
Full text linkThe focus of this discussion is the concept and purpose of marriage as well as a description of the women were forbidden to marry according to the Koran. Based on the verses of the Koran to understand that marriage is a covenant between the male and female party to officially married wives, in addition klins majazi- he also interpreted as sexual intercourse. When it comes to marriage, the Qur'an uses two terms, namely marriage and zawj. It's just that the word marriage is more geared towards use in humans Keberpasangan with each other, while zawj has a more general meaning. While women were not allowed to marry by a few verses, the scholars of fiqh classifying pengharamannya on two reasons, namely; because that is eternal or forever (al-muharramat al-muabbadah), and cause temporary (al-muharramat al-muaqqatah)
PERLINDUNGAN HUKUM TERHADAP MEREK PERDAGANGAN BARANG DAN JASA
Full text linkThis paper aims to provide legal protection to the brand in the trade of goods and services. It is based on legislation specifically relating to brands, namely Law No. 15 of 2001, and legislation related to the brand. With the growing importance of this brand, the brand needs to be placed on the legal protection as an object against him over the rights of individuals or legal entities. Law No. 15 of 2001 aims to give more legal protection for rights holders of trademarks. To ensure the legal protection of brand in the process of trade in goods and services, then the owner of the brand is expected to register a trademark in order to obtain legal certainty