Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
Not a member yet
147 research outputs found
Sort by
Kedudukan lafaz dalam kajian usul dan pengaruhnya terhadap hukuman potong tangan
Get PDFUnderstanding about punishment of stolen which is commonly heard and understood by the society is amputation of the hand. The punishment is explained clearly in the holy Quran. However, there are different interpretations about the punishment. This paper is elaborated from library research by collecting, deviding and reading many sources which appropriate with the topic and then analize the data in descriptive way. The interpretations are based on different view in usul fiqh. These differences arise from the words qat}‘ and yad which have more than one meaning. The meaning of the qat}‘ are not only as an amputation but also as hurt and anticipation. Beside that, the yad means knukles, fingers to wrist even to soldier. As a result, these differences also influence the limitation of the hand which is amputated (qat}‘ al-yad) in the Quran
Pembaharuan hukum Islam dan problem otentisitas agama
Get PDFIslam is a universal religion. Its validity beyond the boundaries of pace and time, have challenges while confronted to modernity. New issues emerged make legal problems that must be faced by Islam, in this case fiqh, are becoming increasingly complex and require answers that are not easy. Many attempts were made contemporary muslim intellectual response to the challenge. In general, the effort was focused on two of epistemology: contextual interpretation and emphasis on the principle of maslahah. Practically, both the offer did generate a lot of laws in accordance with the present conditions. But apparently, both contain serious problems if not addressed promptly can undermine the foundations of religion that threatens the authenticity of Islam as a religion of revelatio
Mendudukkan status hukum asuransi syariah dalam tinjauan fuqaha kontemporer
Get PDFInsurance Law in The contemporary Islamic Jurists Reviews. The aim of this article is to explain the insurance points of view of contemporary Islamic jurists. In the classical fiqh literatures, discussion of insurance can not be found except in the book of Rad al Muhtar ‘ala Dar al Mukhtar, this book ispublished by Ibn Abidin Hanafiyah as a Islamic Jurist. The Insurance is allowed by the majority of contemporary jurists, namely, insurance ta’awuni based on tabarru (donation), while insurance tijari is not allowed because it contains elements that are prohibited such as riba and gharar
Mengkaji ulang hukum acara perceraian di pengadilan agama
Get PDFProcedural legal issues of religion in resolving divorce cases still using prosedural of civil law (H.I.R andR.B.Bg). Size of formal mechanistic truths, so the more important aspects of the divorce prosess legalcertainty and axpediancy, however, rule out the maslahat aspect, in accordance with the value of Islamiclaw. The research objective is to examine the application of civil law in the process of divorce in westernreligious courts that have shifted, so the procedural law can not be used to answer problems in areas offamily law. Research methodology using normative judicial approach to secondary data laws and judicialdecisions of religion. Procedural law religious marriage in Islamic can not be measurred by mere formalproof, but there are aspects of the sacred reality can not be measured from a mere formal proof.Enforcement of civil law aspect “mutatis mutandis”, it did not touch the substantial aspects the“mashlahat” aspect. Implications of the case, that the rule of law in judicial process likely to lead todesecularization religious law of Islamic, not the desration of Islamic law
Penolakan Fazlur Rahman terhadap hadis teknis pada hukum keperdataan
Get PDFMuhammad SAW is a prophet that will be followed by his members. Therefore all what He said and didand His attitudes become a sunnah. However, after the prophet passed away, His hadith had developedbecause they were a verbal statement of the prophet’s sunnah done by the continuing generations. Untiltoday, there have been some hadith that have different pronunciation and interpretation. Such hadithmight be influenced by real condition of the environment. This discussion was directed towards FazlulRahman’s perception on technical hadith in the civil law. Fazlul Rahman had a notion that technicalhadith was a hadith sourced from Muhammad SAW prophet, however, it was massively made by Hisfriends, either tabi’in or itba’ tabi’n. The method used in this review was historical approach methodand interpretative approaches that was generally used by historical tek-tek researcher, as prophet’s hadith.Or this research used term approach of asbab al-nuzul that was frequently done by salaf clergies. Thesignificance of this research was aimed to know Fazlul Rahman’s conception on technical hadith on civillaw, and to find out his refusal reasons towars them. The research found the result that technical hadithon civil law was hadith produced from creative and dynamic interpretation method toward prophet’ssunnah done by the continuing generation. Therefore, Fazlul Rahman refused the technical hadithbecause they were unhistorical and biographical hadith, and also, they were assumed as unscientifichadith. Furthermore, most of technical hadith contained of different opinion among clergies, so that itshowed the weakness of historical base. So, theoretically, technical hadith could be accepted by us asdiscourse of knowledge, but practically it often raised law controversy in the society
Kontribusi zakat, infak, sadaqah dan wakaf terhadap civil society (studi kasus di Yayasan Solopeduli Surakarta)
Get PDFThis research aims to describe the contributions of zakat, infak, s}adaqah and wakaf (Islamic philanthropy) toward the civil society movements in Indonesia and the problems surrounding it. This study raised the case of Yayasan Solopeduli Surakarta, an Islamic philanthropy management agencies. This research uses the socilogical approache of law. The primary data sources are administrators and managers, and agency activities organized by the Yayasan Solopeduli Surakarta. Secondary data are relevant papers, brochures and dictionaries. Data were collected by interview and observation and documentation. Data analysis was performed with a fixed ratio (constant comparative method) which includes datareduction, categorization and synthesization, as well as the formulation of an answer. In the analysis process, the data are associated with theories of civil society.The findings of this research show that zakat, infak, s}adaqah and wakaf managed by Yayasan Solopeduli Surakarta contributes to the formation of the pillar of civil society and the enforcement of civil society values. Firsly the charity value as showed by existence of the agency that always builds the care spirit of the haves for the poor, as well asby most its programs that offer free service concept, in the field of education, health, and other public service. Secondly, the independence value, especially from the aid of the government. The impact is, thatthe agency moves freely by itself paradigm. Thirdly juctice value as showed by the most programs that support the poor society. However, actually the agency is far from, but doesn’t recognize the civil society discourse as seen by the west. That is why, it doesn’t go along with the contemporery issue of civil society, such as democracy and gender equality. The interpretation of mustahiq surrounds the classic one
Transaksi valuta asing sarf dalam konsepsi fikih mu’amalah
Get PDFBuying and selling foreign currencies (as-Sarf) basically arises because of the need for conversion of one currency to another currency in international trade traffic that will encourage the supply and demand for foreign exchange, which in turn will bring up the sale and purchase of foreign currency in the foreignexchange market. The practice of buying and selling foreign currency according to fiqh mu’amalah is permitted if it is done by an agreement between the two sides and in cash (spot) and it could not be included the addition of a similar item like gold with gold or silver with silver
Ekonomi Islam: transaksi dan problematikanya
Get PDFTransaction in Islam is often criticized for not having a clear differentiator from the other transaction. Although departing from the different basic principles, but havingnot a much different impact than the other transaction. Often asked, whether Islamic economics is capitalism minus usury or socialism plusIslam? Therefore, no less important to know are, what a plus-minus of conventional transaction, what the distinguishing element between a conventional transaction with Shari’ah transaction, and whether the distinguishing element has different impact than what is produced by a conventional transaction
Perkembangan regulasi perbankan syariah di Indonesia
Get PDFNot only Islamic financial institutions rate impressively, but also Islamic banking. Statistics released by Bank Indonesia prove the premise. At the same time, supporting the legality of Islamic banking operations became more solid. Although at the beginning of its establishment faced legal problems, but since the enactment the Islamic Banking No. 21 of 2008 has been issued, the problem is resolved. Authority that important in the dynamics of Islamic banking regulation is the National Sharia BoardCouncil of Ulama Indonesia (DSN-MUI). The council became the source of authoritative institutions in guarding the observance of the Islamic banking industry to comply with the rules of sharia. All Islamic banking products must be controlled under sharia compliance by the DSN-MUI. Then, the fatwa is absorbed by Bank Indonesia and Bank Indonesia Regulation (Peraturan Bank Indonesia) is set to be. In this context, the national banking regulator has a significant association with DSN-MUI fatwa
Fikih kerukunan dalam naskah Serat Waosan Puji
Get PDFThis paper focus on a manuscript entitled Serat Waosan Puji. This manuscript is saved at Widya Budaya library of Yogyakarta kingdom. Data is analyzed using reception theory and sociology of letter. Finding of this research shows that physically this manuscript is in a good condition and readable. This manuscript consists of several texts which tell about do’a (prayer), pillar of faith, pillar of Islam, theology, name of verses in the Quran, Ki Purwadaksina’s teaching, Serat Niti Sruti, and Serat Nitipraja. Meanwhile, the teaching of harmony is stated in three pupuh (chapter) namely pupuh dhandhanggula consisting of Ki Purwadaksina’s teaching, pupuh dhandhanggula consisting of Serat Nitisruti, pupuh dhandhanggula consisting of serat Nitipraja. Among all of those harmonius teaching are (1) philosophy of life comprising pandhita lami, pandhita boja karana, and pandhita umarshandu or pandhita gunung, (2) things which should be avoided namely pandhita sipat, limpad, prakken sang hyang, nggenthong umos and tawang brana. (3) lesson of life interaction such as empathy, respecting others, humble and others, (4) asthabrata, (5) principle of king