DIKTUM: Jurnal Syariah dan Hukum
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HUKUM ISLAM: ANTARA SUPERIOR DAN INFERIOR DALAM PENEGAKAN HUKUM DI INDONESIA
Full text linkThis paper examines the view of Islamic law on the superior and inferior in law enforcement in Indonesia. The focus of the problem is how the concept and the factors that affect law enforcement and a review of the enforcement of Islamic law in Indonesia. This study concluded that law enforcement is an effort being made to make the law, both in the formal sense narrow or broad in the sense of material, as a code of conduct in any legal act performed by all elements of society. While the law enforcement process is influenced by five factors: (1) factors laws or regulations, (2) factors of law enforcement officers, (3) factors means or facilities, (4) community factors, and (5) cultural factors. Basically, Islamic law believes that the goal or purpose of the law is the law of justice. Therefore, Islamic law does not require the existence of discrimination or superior - inferior before the law. Everyone is equal before the law
ANALISIS PERBANDINGAN PENENTUAN PROFIT MARGIN PADA BANK SYARIAH DAN BUNGA PADA BANK KONVENSIONAL
Full text linkThis paper examines the system of determination of the profit margin on Islamic banks and conventional banks interest. Islamic banks applying the profit margin on financing products based NCC (Natural Contract Certainty), the business agreement that provides certainty of payment, both in terms of quantity and time, such as the financing Murabaha, Ijarah, Muntahia bit Tamlik, Salam, and Istishna. Determination of the amount of the profit margin made by reference to the profit margin, that determined in the meeting of ALCO (Assets and Loans Committee) Islamic banks. Whereas in conventional banks use the system of interest, that is the price to be paid to customers (who have deposits) and the price to be paid by the customer to the bank (customers who acquire a loan). The size of interest rates on deposits and loans is strongly influenced by both, meaning both deposit and loan interest influence each other. In addition, the influence of other factors, such as guarantees, term, government policy, and profit targets
MASLAHAT DALAM PERSPEKTIF AL-QUR`AN DAN SUNNAH
Full text linkThere are three main discussions in this article, namely: the nature of beneficiaries, beneficiaries concept in Al-Qur’an and Hadist explanation. Basically, beneficiaries related to human interests. The beneficiaries are something which is regarded by the common sense because of the good and avoiding damage to humans. When a clash between some benefits occurs, it is something that is a matter of high priority is the beneficiaries. In the Qur’an and Sunnah, there are a lot of information about the purpose and wisdom establishment of syara’ law either globally or in detail
PENYELESAIAN PERCERAIAN PERKAWINAN SIRI YANG TELAH DIITSBATKAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 (SUATU TINJAUAN YURIDIS)
Full text linkThe regulation of UU No. 1 Tahun 1974 that not only the marriage should be done according to the law of each religion and beliefs, but also requires it to be registrated by PPN. So, if the marriage is not registrated based of the formal yuridis is called nikah sirri that couldn’t be proved if there was confict with the law. However, the Compilation of Islamic Law gives room that marriage to be legalized by reason of divorce. When the marriage broke through divorce in a religious court raised some consequence in law including the legal certainly on the status of marriage and children
NIKAH LINTAS AGAMA PERSPEKTIF HUKUM ISLAM
Full text linkFocus of this paper is to study the legality of Islamic law on interfaith marriage . Basing on some proposition naqliy understood that there are two laws that are contradictory, that is: absolutely forbidden marriage and marriage is permitted / allowed conditionally. This conclusion is based on the QS. al-Baqarah (2) : 221 ; QS. al-Mumtahanah (60) : 10 ; and QS. al-Ma’idah (5) : 5. While understanding the argument of the methodology used is the type of pattern bayāniy mauđū’iy, tahlīliy, and muqāran. While the multidisciplinary approach is more focused on the study of semiotics, historical and culture analysis
KONSEP PERNIKAHAN DALAM PEMIKIRAN FUQAHA
Full text linkThis article discussed the concept and purpose of marriage in the views of jurists. Based on primary sources of Islamic teachings, Al-Qur’an, the jurists agreed that the concept of marriage is a contract that gives legal permissibility avail to hold family relationships (husband-wife) between men and women, held mutual help, and put limits on the rights to their owners as well as the fulfillment of the obligations for each party. The purpose of marriage is concluded in some facilities: (1) Means to release sexual desires, (2) Means to find serenity (sakinah ma waddah), (3) Means to acquire and to hold offspring, and (4) Means to maintain themselves from moral damages
MAHAR DAN PROBLEMATIKANYA (Sebuah Telaah Menurut Syari’at Islam)
Full text linkThis article discussed the problems of dowry and wisdom of dowry in marriage. Based on some of the arguments of both the Koran and the Hadits, dowry is understood as a wife’s financial rights which are the duty of man. Dowry is classified into musamma and misil. The greatest wisdom of dowry declaration for a man is as a respect for the humanity of women. Dawry is also a symbol of husband’s love given to his wife. Dawry is a sign of sincerity of a man being in charge and protector for wife
PEMIKIRAN RAHASIA HUKUM ISLAM DALAM RUANG PUBLIK (HUQUQ ALLAH)
Full text linkAs generally, syarak is concist of two parts, the worship and muamalat. The part of worship has characteristic that can answer or give solve the problem is Allah and his prophet. Otherwise, the part of muamalat has characteristis that answer or solve is human. By the mapping of the two different dimensions, there is the formula of jurists who say that if the dimension of worship, basically can’t apply the rules unless there is a law ordered it. Compare the dimension of muamalat that basically muamalat can apply the rules if there is a legitimate legal forbidden it
PENGELOLAAN ZAKAT PERSPEKTIF HUKUM ISLAM KONTEMPORER
Full text linkIslam provides guidance to its adherents who are facing the problem of social inequality by placing tithe as one of the main pillars of Islamic establishment, especially in anticipation of the growth of dynamics and economic equality in society. As a source of funds, tithe is potential to be used as capital for the construction of the Muslims, and it will be very effective in anticipating the social gap in the community. Classical scholars, generally categorize the subject to tithe is cattle, gold, silver, merchandise, property excavation, and agricultural products. Today, contemporary ijtihad, one of which is represented by the book of Yusuf Qardawi, specify wealth that is subject to tithe, as many models and forms of wealth that was born from the increasing of complexity of economic activities. Yusuf Qardawi divide tithe into nine categories: tithe of cattle, tithe of gold and silver which includes money, tithe of trade, tithe of agricultural output includes farmland, tithe of honey and animal production, tithe of minerals and marine products, tithe of plant investment, buildings and others, tithe of livelihood, tithe of services and professions, and tithe stocks and bonds
HOMOSEKS DAN LESBIAN PERSPEKTIF HUKUM ISLAM
Full text linkGay and lesbian issued in this paper analyzed from two perspectives, namely the views of Islamic law against sexual perversion in the form of gay and lesbian, and the sanctions given for gay and lesbian. By using a normative approach, it was concluded that the scholars agreed that homosexual and lesbian acts are haram/ prohibited. However, scholars are still different opinions in determining punishment for the perpetrators. Some scholars argue that the perpetrators should be killed or stoned both muhsan and ghairu muhsan. Some scholars assign ta’zir penalty on the grounds that this action is only one form of immorality. That is not specified shape and just love on the penalty spot unwanted by normal instincts. Because of that, perpetrators don’t not gain had punishment