DIKTUM: Jurnal Syariah dan Hukum
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PENETAPAN AWAL BULAN QAMARIYAH PERSPEKTIF FIQH
Full text linkThe focus of the study in this paper is the system of setting early qamariyah both methodologically and practically in determining the positioning of when and where the beginning of the day. By using the approach fiqhiyyah concluded: By using the approach fiqhiyyah concluded: First, there are two methods used in the determination of the beginning of the month qamariyah, namely (a) the rukyat method. (B) the hisab method. The hisab method there are two notions, namely hisab haqiqi wujûd al-hilâl and hisab imkân al-ru'yat. Second, the determination of positioning when and where the beginning of the day. There are three opinions: (1) The day begins at sundown (the majority view); (2) The day begins at the dawn (the minority view), and (3) The day starts at midnight (00:00 hours, a new view). As to where the beginning of the day there are two views: (a) is positioned 180 ° from Mecca; and (b) are placed at 180 ° from GMT
FIKIH MODERAT DAN VISI KEILMUAN SYARI’AH DI ERA GLOBAL
Full text linkThis paper examines the jurisprudence moderate in a global context. Focus of this study is not only theoretical but also practical studies examined by the two principal sub study, the concept of jurisprudence moderate epistemological argument as a scientific vision of the Faculty of Sharia IAIN Surakarta in the global era and moderate form of implementation of the concept of jurisprudence as a scientific vision of the Faculty of Sharia IAIN Surakarta in the global era. By using descriptive-qualitative research and content analysis method (content analysis), the study concluded that moderate jurisprudence is the integration effort between a literal understanding of the text and maqasid ash-Shari'ah, which is to understand the balance between as-sawabit and almutaghayyir, between the literal understanding with liberal notions become a necessity today. Faculty of Shariah IAIN Surakarta have not a vision of science and fiqh clear patterns of thought so that there are no policies related to vision science and also patterns of thought jurisprudence at the Faculty of Sharia IAIN Surakarta. Jurisprudence existing patterns of thought is highly dependent on the mode of thinking that administer the course lecturers
EKSISTENSI AKAD DALAM TRANSAKSI KEUANGAN SYARIAH
Full text linkThis paper will explore the existence of the contract has a crucial role in Islamic financial transactions with a number of implications posed. One of that in Islam there is freedom to determine the contract with all the terms and forms of contract desired by the parties, provided that the contract is voluntary and is not included in the prohibition of sharia’. On this basis, the core of the contract which is carried out in Islam is to create benefits for the parties to the agreement for an Islamic financial transactions
IMPEACHMENT DALAM UUD 1945 PASCA AMANDEMEN
Full text linkImpeachment of the president and / or vice president from office is not new in the constitutional system of Indonesia. Before the amendment, Indonesia also has a mechanism of impeachment that the President and / or Vice President may be removed from office, as had happened during the Sukarno and Abdurrahman Wahid. However, the impeachment process through a political process and a new law set in the 1945 amendment after amendment. The reasons for the impeachment of a limited manner specified in the constitution, although the reasons have a very wide interpretation and may be subjective, especially in a political institution in the House. There are several things that must be done to complete the impeachment mechanism rules in Indonesia, among others: (a) relating to the impeachment process in the House of Representatives; and (b) the impeachment proceedings in the Constitution Court
PERADILAN AGAMA DALAM SISTEM HUKUM INDONESIA
Full text linkThe political influence of the law against the existence and position of Religious Courts in Indonesia marked by legal products on which the existence and position of the Religious Courts. The philosophical basis of the existence of the Religious Courts in Indonesia are the values of Pancasila embraced by the Indonesian people, especially the first principle "Almighty God" that animates the other precepts. While the sociological basis of the existence of the Religious Court based on Islamic law is a reflection of the norms of Indonesia Muslim majority. Islamic law is law who lived in Indonesia since the Islamic community began to flourish in the country. As for the legal basis which is the constitutional basis for the existence of Religious Courts in Indonesia is Pancasila, the Presidential Decree July 5, 1959, and 1945
HUKUM ISLAM DAN PEMBERDAYAAN EKONOMI UMAT
Full text linkReactualization of Islamic law can be done through empowerment of fiqh and fatwa to understand that fiqh and fatwa are the product of scholars’ thought affected by the socio-cultural aspects accompanying it. The Product of that thought is used as a device to overcome the problems of the religious dimension of worship, muamalah, family law, civil and criminal. Generally, Muslims tend to assume that the product of fiqh thought is considered as religious because most of the practice and application of religious teachings are derived from fiqh, such as the ordinance of purification, prayer, fasting, pilgrimage, and etiquette for transaction which is appropriate to Shari’a guidance
FAKTOR SOSIAL BUDAYA DAN ATURAN PERUNDANGAN
Full text linkThere are two main issues discussed in this study. They were the dynamics of socio-cultural factors before the birth of the legislation and the effects of both of these factors to the public after enactment. The focus of the regulations rules in this study is the law of marriage. Based on the formal judicial approach, there is a very strong influence on society change after the birth of some the regulations rules related to marriages registration, polygamy, marriage age limit, divorce before the court, and the status of children in marriage. The changes are more affected by socio-cultural factors
PENEGAKAN DAN PENERAPAN HUKUM ISLAM DI INDONESIA (Sebuah Analisis Pertimbangan Sosiologis dan Historis)
Full text linkThis study related to one aspect of the discussion of Islamic law enforcement and the application of Islamic law in Indonesia. The main problem is the sociological and historical consideration of the enforcement and implementation of Islamic law in Indonesia. Enforcement and implementation of Islamic law has grown and developed in the history of Indonesia. The existence of Islamic law in Indonesia appeared along with the presence of Islam in Indonesia. There are several variations of the idea about the practice of Islamic law in the life of the nation as well as some of the obstacles in the enforcement and implementation of Islamic law in Indonesia
ISTIHSAN DAN PEMBARUAN DALAM HUKUM ISLAM
Full text linkThis paper examines the two principal discussion, which is the essence of the method of istihsan and the application form in renewal of Islamic law. Istihsan is one method that disputed the jurists because of epistemology base ascribed to human reason. Nevertheless, the application form has provided renewal in Islamic law. Islamic legal thought products such as Law, Jurisprudence, compilation of Islamic law (KHI), and the Fatwa has given new jurisprudence products. Islamic marriage must go through the recording weddings and civil liability for the biological parents of the child is an example that is close to epistimologi Istihsan
SERTIFIKASI PRODUK HALAL: DALAM PERSPEKTIF SOSIOLOGI HUKUM
Full text linkIn general, the physical needs of humans are very much. Among the many human needs, the human needs which fit into primary needs category is food as a basic human need for survival. Human can survive and thrive because they are sustained by the food consumed by them. Without consuming the food, the human body becomes weak. They cannot work, think or move. It is the laws (sunnatullah). This need to be considered by humans in feed or food, that fulfillment of the rules of law, especially regarding aspects of halal and haram. Embodiments of the need for halal products that it gives birth LPPOM by Indonesia Scholar Coulcil (MUI), so that the results of the agency comes a sense of assuredness of Muslims on a wide range of halal products which are symbolic inclusion of halal logo on the food product