Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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KONSEP ZHAHIR-KHAFY DAN IMPLIKASINYA DALAM ISTINBATH HUKUM ISLAM
Get PDFFor further explanation given to the Prophet SAW that throughout his life every case and the problems that arise can be resolved based on the Qur\u27an and Sunnah. However, in subsequent periods, the community and development changes so rapidly. Islamic empire expanded and the friends were scattered to various regions along with the current expended they do. Besides active in jihad and preach, the companions also assume responsibility for leading reference Fatwa and religious information. Ibn Hazm (994 M-1086 M) is a controversial moslem scholar in the field of fiqh. One of his method of istinbat in law is zahiri. It focuses the interpretation at “nash” an the basis of the meaning at text. This method is principally similar to those used by other moslem scholars in his time. The difference is that the reasons used. In short, Ibn Hazm and other moslem scholars try to understand the religious matters an the basis of zahiri method or well-know as bayani pattern
AKURASI ARAH KIBLAT BEBERAPA MASJID KUNO DI PULAU SERIBU MASJID
No full textDalam sejarah Islam, penentuan arah kiblat terus mengalami perkembangan. Ketika Nabi Muhammad SAW masih hidup, para sahabat cukup menanyakan kepada Nabi perihal arah kiblat karena apa yang dikatakannya mendekati kebenaran. Persoalan arah kiblat mengemuka bersamaan dengan wafatnya Nabi Muhammad SAW dan penyebaran agama Islam di luar kota Mekah. Telah banyak metode penentuan arah kiblat yang telah ditemukan oleh para ulama, seperti Tongkat istiwa’, Rubu’ mujayyab, Kompas, Theodolite. Dengan metode-metode tersebut, penelitian ini telah meneliti dua masjid kuno yang ada di pulau Lombok, yakni Masjid Kuno Bayan Belek dan Masjid Kuno Gunung Pujut. Pendekatan kajian yang digunakan adalah ualitatif, sementara pendekatan analisisnya adalah historis-empiris, dan metode penggalian datanya adalah metode observasi, wawancara, dan dokumentasi.
Dari hasil penelitan ini, ditemukan fakta bahwa arah kiblat dua masjid kuno baik Masjid Kuno Bayan Beleq maupun Masjid Kuno Gunung Pujut merupakan hasil ijtihad para ulama yang mendirikan masjid itu. Hal ini terjadi dengan dua alasan: pertama¸ pada saat masjid itu dibangun sekitar 300-500 tahun yang lalu, belum ditemukan peralatan modern yang dapat membantu untuk pengukuran arah kiblat masjid. Kedua, tidak adanya satupun catatan yang menuliskan terkait tata cara atau metode pengukuran arah kiblat kedua masjid kuno ini. Selanjutnya, akurasi arah kiblat antara Masjid Kuno Bayan Beleq dan Masjid Kuno Gunung Pujut cukup jauh berbeda. Kedua masjid ini memiliki tingkat akurasi yang tidak sama, artinya dimungkinkan bahwa kedua masjid ini dibangun oleh dua awlia/ulama yang berbeda. Masjid Kuno Bayan Beleq memiliki akurasi yang cukup baik, hal ini terlihat dari data yang didapatkan. Masjid Kuno Bayan Beleq memiliki angka azimuth kiblat sebesar 2990 20’ 23“ UTSB atau 290 20’ 23“ BU (Barat Laut). Sementara, Masjid Kuno Gunung Pujut memiliki kemelencengan akurasi arah kiblat yang cukup besar, dimana Masjid Kuno Gunung Pujut memiliki angka azimuth kiblat sebesar 2710 28’ 05“ UTSB atau 80 28’ 05“ BU (Barat Laut). Arah kiblat Masjid Kuno Gunung Pujut melenceng sebanyak 200 49’ 23” ke arah Selatan dari Arah Kiblat seharusnya
HARMONISASI SISTEM HUKUM ISLAM TERHADAP DIVERSI DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK
Get PDFThe concept of diversion stipulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Child Criminal Justice System is in accordance with the concept of diversion in Islamic law, because the concept of diversion in Islamic law and law both prioritizes accountability because a child will not subject to punishment, because there is no legal responsibility for any child until he reaches adulthood (balig). Whereas the concept of diversion in the future needs to be improved towards Republic of Indonesia Law Number 11 of 2012 concerning the Child Criminal Justice System by incorporating the principles of justice, certainty and compliance in the concept of diversion against children in conflict with the law with the aim of giving rights the same as children in general, then the government is obliged to provide formal education guarantees to children, and finally the child must receive assistance from a psychological expert. This article explores the harmonization of the Islamic legal system against diversion in the Republic of Indonesia Law Number 11 of 2012 concerning the Child Criminal Justice System
ANALISIS PERLINDUNGAN TERHADAP TOLERANSI KEBEBASAN BERAGAMA DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA
Get PDFActivities to religion are generally carried out by all religious communities in the world without limiting an activity in the process, because it can disrupt the worship process. But in its implementation, especially in Indonesia, the public is less aware of the importance of tolerating religious freedom in order to prevent religious conflicts in the concept of Human Rights. Historically, religious problems are a social problem because they involve the lives of people who cannot be separated from the study of social sciences. Therefore, the religious sciences are essentially parts of Sociology, Psychology and Anthropology. Whereas the issue of religious intolerance in Indonesia is a crucial problem, because these problems can divide the Indonesian people, even though religious problems are a problem that does not need to be exaggerated because in essence every religion teaches good things so that the issue of religious freedom of others is in vain. So from that a country needs to have a law to regulate the existing government system, one of which is to regulate religion in Indonesia. Religion in Indonesia itself has been regulated in chapter XI of Religion in Article 29 paragraph (2) where the State guarantees the independence of each resident to embrace their respective religion and to worship according to that belief. Not only about religious freedom, the context of violations concerning religion in Indonesia has also been regulated in law, but the public still underestimates the law because they themselves are also taboo on the laws that apply in Indonesia. Problems concerning religious intolerance can be prevented through counseling on vulnerable areas that will cause religious commotion, so that the pillars of nationality contained in the Pancasila can still survive and run as they should. This study analyzes the Protection of Religious Freedom in Indonesia in the perspective of Human Rights in Indonesia.
Keywords : Agama, intoleransi, konflik, kebebasan, perlindungan hukum
FILSAFAT PERENNIAL: MELACAK TITIK TEMU AGAMA AGAMA DAN KRISIS HUMANISTIK
Get PDFThe marginalization of human existence in modern times causes decadence and humanistic fallout, so that people forget about themselves and their primordial promises with God. As a result of this declaration, humans seem to be more inclined to mix themselves into the world without direction rather than asking for their self. Humans are lulled by false and worldly offerings that glorify the sharpness of their ratios and logic, modern and sophisticated technological devices, as if they are able to answer all human needs, so they assume there is no need for God to be in him. This condition causes people to feel empty and lose their orientation in life, so they seek speculative solutions to answer the problem. Therefore it is necessary to look again at an idea that seeks to provide an alternative offer to the suffering experienced by modern humans, namely in the form of a shared metaphysical idea that all major world religions have known better known as perennial philosophy. Perennial philosophy explains the meeting of religions by recalling the primordial message of religions, while providing an alternative solution to the spiritual crisis that has hit modern humans who have ignored religious messages
ORIENTASI POLITIK HUKUM DALAM UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL BERDASARKAN PANCASILA
Get PDFIn the global era, the world has become a limit or there are no clear boundaries between countries in the world. Unstoppable globalization, which are characterized by technological developments and modernization. Its makes the distance between countries closer and growing without dividing. The impact of globalization one of which is the free market ideology or economic realization and the diminishing role of the state. Liberalization in the economic field, most in the investment sector provides access to natural resources in Indo-nesia, which is related to the Investment Law, which is then rationalized based on government regulations, ministerial regulations, and by using slogans to carry out bureaucratic reform, fair assistance to all business, and open investment. This contradicts the Indonesian Constitution. Basically, the involvement of the state government in the administration of the state, specifically in realizing the Panca-sila economy, is basically a form of state intervention in national economic activities. To convert to the Investment Law, the establishment of the Investment Law in Indonesia must be approved when setting the country as the manager of Indonesia’s natural wealth, with the aim of providing wealth and prosperity to the country. The legal political orientation of the making of the Investment Law must win the Pancasila as the nation’s law, which manages it to be inseparable from the state’s social responsibility to prosper its citizens, provide regulation in the 1945 Constitution of the Republic of Indonesia
ANALISIS KONTINUITAS EKSPRESI KEAGAMAAN MASYARAKAT KOTA PALEMBANG PADA ERA 1990-AN DAN ERA GLOBALISASI
Get PDFAbstract
The city of Palembang experienced a slow growth process of the city below 1990. In the globalization era, the social mobility process experienced by the people of Palembang city gave birth to a new class in the society which allegedly would later change the religious expression. Therefore, the problems in research are: how the development of religious expression of Palembang city community in the era of the 1990s. Second; whether that led to changes in religious expression in the city of Palembang from the era of the 1990s to the current era of globalization.
The development of religious expression of Palembang people in the 1990s can be seen from the background of the understanding of the religion which is the embryo of Islamic history entering Palembang, then the background of social change by showing the religious social behavior of paradox, and the last condition of economic growth rate. While the cause of changes in religious expression in the city of Palembang from the era of the 1990s to the era of globalization today is caused by several factors behind the emergence of change and continuity of religious expression of the city of Palembang is caused by two things: first; intellectual shift of moslem society of Palembang city; and second; collide with the flow of globalization within the city of Palembang.
Keywords: Continuity, Community of Palembang City, and Globalization
DIVORCE CAUSED BY HYPERSEXUAL PSYCHOLOGICAL DISORDERS IN HUSBAND
Get PDFThe family itself was initially formed through a marriage between a man and a woman who was considered feasible. One of the purposes of marriage is the fulfillment of the biological needs, yet this biological needs fulfillment can be a problem when one party is suffering from hypersex. In the case of divorce numbered 350/PDT. G/2014/PA.JB. that happened in Religion of West Jakarta Court, the wife as the Plaintiff felt it was not capable of serving the biological desire of her husband that ultimately give rise to conflict in their marriage life. the case is decided in verstek by the judge because the defendant i.e., husband of the plaintiff is not present in the trial even though it was called officially and worth. Based on the results of the research, the psychological disorders hypesex as the reason for the divorce is not set explicitly in the Act of marriage, Islamic Law Compilation, nor the Goverment Rules No. 9 Year 1975. However, in this case the judge considers that the hypersex psychological disorders lead to continuous conflict and the conflict resulted in the defendant leave plaintiff. Consideration of the judge in the court decision that has complied with the provisions concerning the grounds for divorce are set forth in article 19 Government Regulation No. 9 years 1975 and section 116 Islamic Law Compilation, so that the judge has the right judges grant a divorce lawsuit plaintiff filed. In addition the verdict which decided in verstek by the judge had in accordance with existing procedures and his lawsuit is not against the rights so that is in compliance with existing provisions in article 125 of HIR.
Keywords: Divorce, Hypersexual, Verste
PENGEMBANGAN PARADIGMA WAKAF HAK ATAS TANAH DI INDONESIA SEBAGAI UPAYA MENINGKATKAN KESEJAHTERAAN MASYARAKAT
Get PDFWaqf land is a recommended implementation of Islamic worship, which has social and economic aspects for the community. Waqf paradigm of land in the community becomes one of the obstacles in advancing Waqf in Indonesia. The development of paradigms such as Waqf should be in writing, professional management appointments, more productive, the development of object types and their allocation, the exchange of waqf objects, the pattern of selection of waqf objects, and pledges of endowments aimed at the general public. Therefore, the development of land paradigm of Waqf should always refer to the principles of Islam. Such management in the community is a strategic step for the development and development of Waqf, in order to achieve and improve the welfare of the community
POLA REKRUTMEN POLITIK BERDASARKAN IDEOLOGI PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESIA: -
Get PDFPolitical recruitment is a process of selecting and selecting a person or several members of the community to occupy and exercise certain political roles as cadres of political parties, legislators, as president and vice president and as regional head. In the Indonesian state system, this political recruitment is left to political parties. The rise of political parties as a result of freedom of association and assembly on the one hand is a reflection of democracy but on the other hand the large number of political parties will give rise to increasingly tight competition between political parties. The increasing competition makes political actors easily trapped in political pragmatism. Political pragmatism as a short-term orientation of political actors to win political competition is power. Power as the ultimate goal of the political competition. Political pragmatism has had a significant impact on the formation of pragmatic recruitment patterns. The pattern of pragmatic recruitment has spawned many problems, especially issues related to the quality of recruitment results. One of them is that many of the political elites are facing legal problems such as corruption and so on. Under these conditions emerged initiatives to present a systematic and structured pattern of political recruitment. One of the indications is that political recruitment is based on the ideology of political parties. The ideology of a political party is broadly divided into recruitment based on Islamic ideology (religion) and other ideologies such as nationalism. the closer the party ideology to the party recruitment pattern will result in quality recruitment and visionary cadres. on the contrary, the further distance the party ideology with the party recruitment pattern will result in a pragmatic recruitment. The results of recruitment have a close relationship with the quality of products produced, especially product legislation.
Kata Kunci : pola rekrutmen, partai politik, sistem ketatanegaraa