Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
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Analisis profesi hakim dalam epistemologi hukum Islam
Full text linkEthics is the foundation of a profession which becomes a common concern because of frequent misusesymptoms to the profession. The emergence of the discourse of professional code of ethics for judgesdeparted from the reality of law enforcement officials (especially judges) that ignores the values ofmorality. Although professional actors (judges) already have the code of professional conduct of judgesas moral standards, it has not been a positive impact, especially not able to change the image of societyto face justice for the better. Existing code of ethics is not providing value in favor of the realization ofthe purpose of the law, so it needs to be reviewed or revised to suit the changing situation. One way toenforce the rule of law is to enforce ethics, professionalism, and discipline. The values contained in thecode of professional conduct of judges in an ethical standpoint of Islamic law is very important to bestudied. Professional ethics of judges in principle contain moral values underlying professional personality,namely freedom, fairness and honesty. Professional ethics of judges and law is a unity that isinherently contained ethical values of Islam which is the foundation of understanding the Islamic law,so basically the code of professional conduct of judges in line with the values of the Islamic ethicalsystem. Islamic legal ethics built on four basic values which are the values of truth, justice, free will andresponsibility
Poligami menurut Nasr Hamid Abu Zayd: studi atas pengaruh pemikiran tafsir terhadap penetapan hukum
Full text linkThis article examines Nasr Abu Zayd’s (d. 2010) thought of tafsir and takes a close look at its implementation when he interprets “polygamy verses”. With library research method and content analysis, I conclude that Abu Zayd uses thematic method of interpretation, by using contextual analysis approach. This method is similar to Fazlur Rahman’s Double Movement method. Abu Zayd’s contextual interpretation theory (al-qira’ah al-siyaqiyyah) operates in the following steps; first, turn to the meaning (ma’na) of the text in its historical and cultural context (tarikhiyyat al-dalalah); and second, implement its significance (maghza) in contemporary context. Based on his contextual analysis (al-qira’ah al-siyaqiyyah) to polygamy verses, Abu Zayd concludes that polygamy is not the final purpose Islamic teaching (shari’ah al-Islamiyah). Polygamy is a temporal decision which is related to the very tight prerequisites. According to him, the significance (maghza) of the Qur’an text talking about polygamy is however justice and equality. Otherwise, Abu Zayd says that the implicit (maskut ‘anhu) final purpose of the revelation of “polygamy related-verses” are monogamy
Penukaran tanah wakaf masjid agung Semarang dalam perspektif fikih istibdal
Full text linkSubstitution of waqf land is one of nazir (waqf fund manager) efforts to make waqf lands managedmore productive. Semarang Mosque Welfare Council (BKM), as nazir, has made three substitutions ofSemarang Grand Mosque waqf lands. Those three-time substitutions leaved problems causing to poorresults of the waqf lands managed. This study is aimed at finding out the substitution process ofSemarang Grand Mosque waqf lands and the pespective of Istibdal Fiqh on substitutions of SemarangGrand Mosque waqf lands. This study is a case study. The data collection techniques are observation,interview, and documentation. The interview is conducted to parties who know the substitution caseof Semarang Grand Mosque waqf lands. The data collected are analyzed descriptively. The results of thisstudy are: 1) the first substitution of Semarang Grand Mosque waqf lands, made with PT Sambirejo, isnot based on in-depth research especially on land replacement. The party invited to conduct the transaction,Cipto Siswoyo from PT. Sambirejo, his testimony is categorized unacceptable due to fraud. 2) Thesecond substitution of Semarang Grand Mosque waqf lands, which is in the form of money to establishMa’had Aly, is less rocommended by fiqh scholars since the money value tends to decline, and isprone to corrupt and abuse. Moreover, Ma’had Aly has not established yet during the substitutionprocess happened in 2008 to 2016. 3) The third substitution of Semarang Grand Mosque waqf landsemploys substitute money used to purchase substitute lands. This is considered appropriate and theprice of the substitute lands refers to the market price
Kebijakan fiskal dan upaya mengatasi disparitas ekonomi perspektif Islam
Full text linkThe purpose of this research is to overcome economic disparity in the perspective of Islamic fiscal. Theresearch findings showed that the effort to overcome economic disparity was conducted through economydevelopment that must refer to the base of Islamic philosophy, namely tauhid rububiyah, keadilan,khalifah and tazkiyah. The primary Islamic fiscal should focuse more on distribution of economy fairly.Fair distribution of economy will guarantee the justice amid community, and there is no differencebetween the poor and rich people. The principles of justice guarantee primary need to all society. Besides,each of them is able to fulfill their secondary need. In the context of overcoming economic disparity, itcan be done through optimizing the receiving from instrument of Islamic fiscal policy through strengtheningof regulation, modern and syncron management as well as integration between convensionalfiscal and Islamic fiscal policies
Analisis implementasi wakaf wasiat polis asuransi syariah di lembaga wakaf al-Azhar Jakarta
Full text linkWaqf in Islam is one way to invest in property for the sake of the world and the hereafter. The development of waqaf must still be in the sharia corridor so that its ubudiyah and iqtishadiyah values remain. Islamic law will not be known even as DSN MUI has just released its fatwa in October 2016 which is the investment benefit and sharia life fatwa, but some sharia insurance institutions and wakaf institutions in Indonesia first applied this form of waqf. The legal status of a wakaf law on Islamic insurance policy under Islamic law includes productive wakaf. However, in terms of its ownership element as a waqf object has not been fully owned by wakif so ulama differed in opinion, although in principle has been owned by wakif, but still opens the dispute space because the waqf object is not yet fully owned. The wakaf law of syariah insurance policy itself is still potentially canceled by wakif or by sharia insurance if one of them wakif get difficulty paying the premium before maturity. Implementation of waqf syariah insurance policy at Al-Azhar Wakaf Institute Jakarta has not yet fully complied with the rules of Fatwa DSN MUI because the fatwa has just come out in the end of 2016 and socialized in early 2017, whereas the wakaf will be known as sharia insurance policy in the community.
Dekonstruksi paradigmatik pengembangan zakat: analisis kritis pemikiran Yusuf al-Qaradawi
Full text linkThe construct of the argument for the development of zakat treasures in the thought of Yusuf al-Qaradawi can be divided into two general and special ones. The general argument is based on the theory of qiyas and maslahah, while the specific argument is based on the theory in the jurisprudence of zakat itself, that is with respect to the criteria of zakat property. From the six criteria he mentioned he then developed one of them is a productive (growing) property. On the basis of these criteria then many new types of treasures that can be covered into zakat property, such as the treasures obtained from company stock, honey, and profession. Of course the new treasures he mentioned just as an example only. In the future it can continue to grow in accordance with the development of Muslim life. The argument for the development of zakat property can be contradicted by three arguments: ambiguity in placing the doctrine of zakat between the teachings of mahdah worship and the teachings of muamalah /'adah (worldliness); tend to separate the study of zakat from the historical context in which the obligations of zakat in the time of the Prophet and the caliph after him are always related to the life of the state / government; and stressing that the zakat is different from the taxes is basically a result of its ambiguity in looking at zakat
Poligami di Indonesia dalam perspektif CEDAW dan mazhab Shafi’i
Full text linkConvention on the Elimination of All Forms of Discrimination against Women or CEDAW’s paradigm ofthought is gender equality, women should be given rights as men in principles and rights in marriageincluding marriage approval, marriage dismissal, marriage guardian, and so on. Discrimination is anattitude that opposite of justice and must be eliminated. The source of the CEDAW’s concept paradigmof thought is mind, lustand feeling, and then the concept of CEDAW considered rational andMaslahah (good) enough. The Shafi’i paradigm is guiding the mind and heart based on religious texts.The religious prohibition have Madharat in the world and in the after life. If the world have not seen theMadharat, it will be feltin the after life. The Maslahah principle in CEDAW included al-Maslahah al-Mulghah, as it is contrary enough to the teachings of Islamic law contained in religious texts. In fact, anylaw that is contrary to Islamic law governed by religious texts is not Maslahah but Madharat and shouldbe abandoned even it is logical and good enough by the reason of thought. CEDAW uses Nash’sGuidelines that understand the Qur’an verse by considering Siyaq al-Kalam, so it interprets ‘fair’bythough of mindor in love and affection. Polygamy will no longer mu’asharah bi al-ma’ruf by causing thesuffering of wives. With the Sad al-Dhari’ah consideration, it will change the polygamy law from allowedor mubah to haram lighoirihi. Shafi’i madhhab uses the dalalah ‘ibarah’ which understands the Qur’anverse without considering siyaq al-kalam. The law of Haram li ghairihi on the permissibility of Polygamybased on Sad al-Dhari’ah is not applicable generally, and means that polygamy can not be judged as haramli ghairihi but keep see the conditions with the consideration of the single person condition
Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer
Full text linkIslam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law
Dinamika haji Indonesia sejak era kolonial dan problematika calon haji ilegal
Full text linkThe number of Indonesian pilgrims every year is increasing. On the other hand, the allocation of the number of pilgrims to be dispatched is limited by the quota. This triggers the waiting list and the share of various hajj efforts despite the violation of the law. However, not pilgrims know that pilgrimage using other country’s passport is a violation of Law No. 12 of 2006 on Citizenship and possible losing of one's nationality. From historical perspective, Muslims’ pilgrim dated back from the 16th century. At that time, there was strong suspicion that upon returning from pilgrimage, Muslims tend to be “rebellious” and initiated movement against the Dutch colonial government. Thus, the Dutch made a strict regulation concerning the Hajj and scrutinized Muslims before pilgrimage, while staying in Mecca and after their return. Among the movement against the Dutch led by Muslim upon returning the Hajj was the Padri movement. Nowadays, the number of Muslims who intend to go Hajj is rising significantly, and the waiting list goes for 15 to 20 years. The long list caused some people to find a way to go for Hajj including manipulation of citizenship documents, such as using passport of other countries. In respond to this situation, the government tries to negotiate with the Saudi government to increase the Hajj quota for Indonesians. Another effort is borrowing the remaining quota of neighboring countries. There is also suggestion to close the Hajj registration for some time and the need to revise the Hajj Law
Hukum Islam sebagai rekayasa sosial dan implikasinya dalam undang-undang perkawinan di Indonesia
Full text linkThis study focuses on the role of Islamic law as social engineering and its implications in marriage law in Indonesia. Islamic law has always been a concern among legal experts and studies. One interesting thing is the effort to achieve justice through the application of Islamic law which functioned as social engineering. Though the nature of Islamic law is the dimension of social justice but at the same dimensions of the Godhead. In the Indonesian context, it is understood that the marriage law in Indonesia is the implication. As this study included the study of literature and research data analyzed by the theory of law as a social engineering with the sociological approach. The results of this study concluded Law Islamic law can function and formulated as social engineering in the form of state regulation and in fact it is contained in the articles of the Marriage Law in Indonesia