Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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    ISTIHSĀN, MENGAPA DITENTANG? (PRO-KONTRA KEHUJJAHAN ISTIHSĀN)

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    During the time of Imam Hanafi, there was a spreading of false hadiths, so he was very careful about it, so that when there is a case that is not found in the Qur\u27an or shahih hadith, one of the methods used is istihsān, unlike Imam Syafi \u27i which in its time is increasingly widespread of personal groups and groups that refused against sunnah, so people when it prefers to use the mind rather than the nash, the social influence makes Imam Shafi\u27i harder in terms of purifying the primary teachings of Islam namely the Qur\u27an and sunnah, thus limiting the use of reason and reason, including the good presumption in deciding a case on the basis of reason and lust. This is the background why Imam Hanafi accepted istihsān and on the contrary Imam Shafi\u27i refused

    ANALISIS PENGARUH FIRM SIZE DAN PROFITABILITAS TERHADAP ISLAMIC SOCIAL REPORTING (ISR) DENGAN EARNING GROWTH SEBAGAI VARIABEL MODERATING PADA JAKARTA ISLAMIC INDEX (JII)

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    This study aims to determine and analyze the effect of Firm Size and Profitability on Islamic Social Reporting, and see whether Earning Growth can strengthen or weaken the relationship between independent variables to the dependent variable. This research takes object in companies registered in Jakarta Islamic Index (JII) for period 2011-2015, amounted to 30 companies and obtained by 12 companies by using purposive sampling technique. Data analysis method used is multiple regression analysis. Based on the results of simultaneous research all the variables berpegaruh against Islamic Social Reporting, but partially, only Firm Size that affect the Islamic Social Reporting. In addition, Earning Growth can not strengthen or weaken the relationship between independent variables and dependent variables

    SEKULARISME DAN ISU-ISU GERAKAN UMAT ISLAM

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    In its history, politically, liberalism of Islam accepts deep momentum during Sultanate-Autonomy in Turkey, where Islamic countries, especially Turkey and Egypt, which had got in touch with western world, had big influences toward Islamic societies’ attitude. This influence made the Turkish and the Egyptian understands rigid. Islamic scholars of law seem confused to see new thing in Islamic societies. A case will directly be instructed “illegal” or haram if the case itself cannot be found in the school of Hanafi’s classical books. Then, this paper is intended to contribute some points of view of this school by means of answering some main questions about the truth of Islamic liberal considered as a secular movement under the guise of Moslem, the truth of the discourse of Islamic liberalism presents the past for the sake of modernization and the truth of Islamic liberalism that is irrelevant to the Indonesian culture.

    PROBLEMATIKA PENGELOLAAN TANAH WAKAF PRODUKTIF BERBASIS MASJID: (Studi Kasus Terhadap Tanah Wakaf Masjid Di Kota Palembang)

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    Waqf is one of the most highly recommended worship in the teachings of Islam, to be used by someone as a means of distributing gift by Allah SWT to him. The practice of waqf is of great value to socio-economic, cultural life. Management of Waqf land productively mosques in Palembang City has been implemented, but in general most mosques still do not manage Waqf land mosque productively. The problematic for managing the Waqf land of a mosque productively are, 1. The legal substance (AIW substance of Waqf land) may impede implementation; 2. Understanding of some Nazhir/ Mosque management on the management of productive Waqf land is still low; 3. The general understanding of the community about the management of productive Waqf land is still low; 4. The ability of Nazhir/ Managers to manage and develop productive enterprises is still low; 5. Community culture does not encourage the implementation of productive waqf land management; 6. Community law culture is a legal awareness to implement the law, especially regarding the management and development of Waqf land productively low. Efforts that can be done to overcome the problematic is the Office of the Ministry of Religious Affairs and BWI, BWI Representative of South Sumatra should increase the socialization and comprehensive training of productive waqf management to mosque nazhir and the community around the mosque

    TELA’AH PEMIKIRAN ALWI SHIHAB TENTANG TOLERANSI BERAGAMA DALAM BUKU ISLAM INKLUSIF

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    This research is titled Tela\u27ah Thought Alwi Shihab on Religious Tolerance in the Book of Inclusive Islam. This study aims to examine the various thoughts of Alwi Shihab in his book Islam Inclusive. To know the various problems that background the happening of intolerant cadet in religion in the middle of Plurality and religious diversity. To know how Alwi Shihab explains the various solutions and thoughts that he poured in his book Islam Inclusive. In today\u27s reality we often find that the various conflicts between religious communities in various majorities and minorities of Muslims have become viral in the Netizen world about the persecution of the Rohingya Muslim community. In Miyanmar, this is certainly a test of every Religion that echoes religious tolerance. However, by re-examining the thoughts of Alwi Shihab became an important learning for every religious people. In an Inclusive Islam book written by Alwi Shihab, a scholar from the University of Temple of America and a Doctoral Degree at Egypt\u27s Ayn Syam University, has made a significant contribution in establishing a religious tolerance stance, addressing issues and resolving conflicts and relationships between religious communities with views the more Universal. In examining the various thoughts of Alwi Shihab and by conducting literature study the authors found various thoughts of Islamic thought that supports the concept of religious tolerance in the offer Alwi shihab so that Alwi shihab thought this becomes something important contribution, especially in build attitude of religious tolerance. More to build tolerance in a group of religions who have different views to embody and revive the Islamic substance as Rahmatallil Alamin

    ASAS KELANGSUNGAN USAHA SEBAGAI LANDASAN FILOSOFIS PERLINDUNGAN HUKUM BAGI DEBITOR PAILIT SEHUBUNGAN TIDAK ADANYA INSOLVENCY TEST DALAM PENYELESAIAN SENGKETA KEPAILITAN

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    In its development, the Bankruptcy Law in theory and practice did not progress significantly and it was until 1998 and replaced by a new one, which on October 18, 2004 legalized bankruptcy law and postponement of debt obligations have a wider scope, this is necessary because of the development and legal needs in the community while the provisions that have been applied is not sufficient as a legal means to solve the problem of accounts receivable in a fair, fast, open, and effective. One of them concerning the requirement to declare a bankrupt debtor as stipulated in the provisions of Article 2 paragraph 1 that there is no provision that requires the debtor to be insolvency, this is certainly contrary to the universal philosophy of the Bankruptcy Act that provides a way out for debtors and creditors when the debtor is in a state unable to pay its debts. The absence of this insolvency test shows that the Bankruptcy Act is dominant in protecting the interests of creditors. In order to have a clear philosophical foundation, the concept of business continuity principles should be included in the future Article of Bankruptcy Regulation so as to enable debtor and creditors to pursue debt settlement fairly, quickly, openly and effectively. The type of research in the writing of this journal is prescriptive normative legal research

    STUDI AYAT-AYAT TENTANG MEMILIH PEMIMPIN NON-MUSLIM PERSPEKTIF MUFASIR INDONESIA

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    Study Verses About Choosing Non-Muslim Leaders Perspective Interpreter in Indonesia". Anxiety due to the phenomenon in the country on suspicion of desecration of the Koran which became national tensions underlying the researchers raised the theme above. Indonesian Islamic community with a wide range of understanding and attitude, while it goes not reaped consensus on these issues. This study tried to take photos of the national uproar from the perspective angle interpreter Indonesia. This research is a library research, which makes al-Ibriz, Al-Azhar, and Al-Misbah as a primary source in this study. This study uses a comparative approach (muqarin) in approaching the issues discussed. This study aimed to describe the interpretation of passages about choose non-Muslim leaders in Indonesia commentators perspective and provide legal clarity choose non-Muslim leaders in Indonesia

    PERLINDUNGAN HUKUM TERHADAP HAK ASASI ANAK YANG MENJADI KORBAN KEKERASAN

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    Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights. &nbsp

    ETOS KERJA DALAM EKONOMI GLOBAL (KASUS MASYARAKAT MUSLIM MELAYU PALEMBANG)

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              The purpose of this research is to know the influence of Malay and Islam in shaping the social character of Palembang Malay workers in global economic development. The Islamic economic norms embedded and rooted in the local social identity of the local Malays are the key determinants of evaluative aspects of a judging nature. This research departs from the reason as Ushul Fiqih\u27s written adage says "Al-Muhafazhatu\u27alal \u27qadimis salih wal-akhdzu bil jadidil ashlah" which means "Maintaining a good old value and seeking new value better.” Field research with the participation of observations and in-depth interviews uses a qualitative approach. Respondents in this study are Palembang original Malay Muslim community, spread over 14 districts using random sampling technique. While the method of data analysis is cyclical of three stages: data collection, data display and data verification.           The results of this study prove that excessive material competition in the global economy has resulted in an anomic Palembang Malay society. Achievements in the economic field, it turns out to have transformed Palembang Malay people into a generation that is uprooted from values, fragile from the spiritual aspect, give up easily and lose socio-economic footing. The relationship of Malayness and Islamism obscures the role and competitiveness of Palembang Malay Muslims themselves in the global economic arena

    IMPLEMENTASI PROGRAM PENANGGULANGAN KEMISKINAN (STUDI KASUS DI KECAMATAN LATAMBAGA KABUPATEN KOLAKA PROVINSI SULAWESI TENGGARA)

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    This paper would like to explain the implementation of poverty reduction program in Latambaga Kolaka District. A qualitative approach is used to look at social phenomena related to human behavior and work processes. Observational case study, directed to specific groups and networks of actors involved in poverty reduction policy formulation In accordance with the theme of policy studies. The information data obtained in analyzed by using interactive model. These poverty alleviation programs do not seem to have changed lives for the target community. Kolaka Regency Government encountered obstacles with limited limitations both organizational, management and finance. Even the main obstacle is the behavior of the beneficiary community. A finding in the field, another factor that has not been effective in poverty reduction programs is the unavailability of valid poverty data

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    Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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