Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
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Dinamika mazhab Shafi’i dengan cara Aceh: Studi tentang praktik mazhab di kalangan tokoh agama
Full text linkThis study of the dynamics of shafi’ite school tried to uncover the diversity of the views regardingcertain problems among the scholars of Shafi’ite school and between particular scholar and the imamShafi’i himself. This focus deal with the dynamics existed in the Shafi’ite books. It should be done in thewise manner, for the dynamics it self was triggered by the certain situation and condition, differentcontexts, space, time, geography, circumstance and the condition of the nature that give birth to thedifferent legal regulation. To understand the dynamics that occurred in those Shafi’ite books easily, wemay borrow the rules of Arabic syntax namely ‘ilm nahw, associated with the rule of istitsna’ whichconsisted of six letters; illa, ‘adaa, siwa, ghairu, khala and hasya. Those six letters have the same functionthat is the exemption, but the usage of each letter in the sentence has different rule in Arabic grammar.The dynamics rise dualism of Islamic jurisprudence in Aceh, in which the sharia court refer to theCompilation of Islamic Jurisprudence, while tengku ( local muslim scholars) in Dayah refer to the turasbook of Shafi’ite school. Slowly, the friction started between the legal decision issued by the sharia courtand the fatwas issued by the tengku of Dayah (local Islamic boarding school), for instance, the issue oftalaq, inheritance and other legal issues
Bom bunuh diri dalam fatwa kontemporer Yusuf al-Qaradawi dan relevansinya dengan maqasid al-Shari’ah
Full text linkAll contemporary fatwas Yusuf al-Qaradawi in his book Min Hadyi al-Islam Fatawa Mu’ashirah was believed by the writer it made succeed maqasid al-shari’ah. When we see the fatwa in the book, some of fatwa indicate contradiction with maqasid al-shari’ah which is agreed by most of islamic scholars, such as his fatwa about suicide bombing according to this problem, the axamination will ask after; how is law of thinking al-Qaradawi with suicide bombing? And how to aplicate the theory of maqasid al-shari’ah in al-Qaradawi’s fatwa in suicide bombing? To answer the question, this examination tried to trial to the fatwa al-Qaradawi about it in the book by seeing the connected with theory of maqasid al-shari’ah which is agreed by most of islamic scholars. For that the theory about maqasid al-shari’ah will be tested comprehensively, particulary to save al-daruriyat al-khams (five of human fundamental needs). The data has been collected and will be analysed qualitatively. The result of this examination made succeed the answer that al-Qaradawi pleases the action of suicide bombing specially for the fighters of Palestine to make fear and terrorist to Israel; and his fatwa opposite with maqasid al-shari’ah which believed the legitimate by most of islamic scholars
Pembrontakan terhadap pemerintahan yang sah (bugah) dalam perspektif hukum Islam
Full text linkIslam is Rahmatan lil ‘Alamin religion, Islam loves peace and justice, Islam never teaches violence and corruption in the world. Along with global development and progress, the understanding of Islam teaching began to be degraded by some groups of Muslim, then came some groups that distort Islam religious teaching. There is a fundamental radical giving wrong interpretation to the religious teaching understanding. Then came terrorists and insurgents that against the legitimate government. Those who stay away from moderation will always cause the appearing of harsh and extreme groups in all time. The purpose of terrorists and insurgents is the destruction to the strength, power, stability, and safety of the nation. Hazard and press power of the insurgents against the government can not be tolerated. Because they commited treason against the legitimate government, the punishment for those who fight against Allah and his Messenger and who do mischief in the earth is killed and crucified or having their hands and feet cut in crossways, or exiled from his place. This article draws the condition of Muslim communities, especially in Islamic countries in the Middle East that are flaring up today
Fatwa klausul sanksi dalam akad: studi komparatif fatwa Dewan Syariah Nasional (DSN) Majelis Ulama Indonesia (MUI) dan Majma Fiqh Organisasi Konferensi Islam (OKI)
Full text linkDelaying obligation payment by the customer to the syariah financial institution in some countrieswhose moslem as the majority, need solutions. One of them is determining Islamic organization fatwa.International Islamic Fiqh Academy has declared fatwa of retributive condition of prohibition based onthe agreement between the bank and the customer, while Sharia Directory of Indonesia permits this.Problem of this research is how the concept of retributive condition in those two organizations is andwhat method used in determining fatwa of the retributive condition is. This research used qualitativeapproach based on library research, while type of this research is comparative descriptive by usingistislahi approach. The result shows that there is significant difference between fatwa from InternationalIslamic Fiqh Academy and Sharia Directory of Indonesia in determining the kind of contrac, that canaccept retributive condition based on International Islamic Fiqh Academy, fine can not be applied in ancontrac which causes obligation, such as salam, transaction of installments and qard. Sharia Directory ofIndonesia decides that fine clause can be applied to any contrac which causes obligation. Determiningfatwa from majma fiqh uses saddu dzariah approach by giving attention to the carefulness norms inconsideration of maslahat and mafsadat. On the other side, Sharia Directory of Indonesia uses istislahimethod which puts maslahat as the priority, especially for syariah financial organizations
Rekonstruksi hukum kewarisan anak dari perkawinan sirri di pengadilan agama
Full text linkChildren born out of marriage Sirri has a different position with children from other marriages. Son of marriage Sirri, in the perspective of religion is legitimate, but legally is not recorded in the Office of Religious Affairs. The existence of child in the marriage Sirri must get legal certainty and the protection of law. Decision of the Constitutional Court (MK) has provided certainty and legal protection, but in a religious court the verdict has not been granted a constitutional manner. Therefore it is necessary to reconstruct the inheritance law of children born out of marriage Sirri by incorporating Court decision No. 46 / PUU-VIII / 2010 as a source of law in the legal system of inheritance in religious courts. Law should provide protection and legal certainty to the status of a child born out of marriage Sirri and rights available to him, although the validity of the marriage is still in question
Perlindungan hukum terhadap harta benda wakaf sebagai aset publik di kecamatan Wiradesa kabupaten Pekalongan
Full text linkThe treasure of the waqf is a public asset that should be protected by law. Waqf is a legal act that itsimplementation must be in accordance with statutory procedures. Mandatory legal act waqf deed pledgespoured in endowments. But in practice there is still a committed implementation of the waqf notaccording to legal procedures. Implementation of the waqf is not stated in the Deed of Pledge Waqf ashappened in the district Wiradesa Pekalongan thus has no legal force. Departing from this fact researchis needed to describe the implementation of endowments in the District Wiradesa and formulate legalsafeguards against waqf property as a public asset in the District Wiradesa. This research is a fieldresearch. The approach is sociological, thus falling within the scope of empirical legal research. Thecollection of data through observation and interviews. Data were analyzed using the model of induction-interpretation. The results showed that the waqf property in District Wiradesa many do not haveauthentic proof recognized by the law. Necessary legal means to protect the property of the waqf ofpotential irregularities
In search of Islamic view of justice on women testimony
Full text linkThe most current challenges faced by Moslem in terms of Islamic religious discourse are religiousinterpretation on gender equality on position men and women. Among long crucial debate related tothe issue is position of men and women in testimony, when the place of two women witnesses whichare conceived equal to one man. It seems an ambivalent takes place regarding Islamic religious interpretationwhen many verses mentioned in the Quran and some hadiths have declared explicitly the sameshared opportunity and capacity as well as mutual relation between men and women as vicegerents(khalifah) of God on the earth, meanwhile in the practice which inherited over centuries demonstratedinequality of men and women. This contrast, however, ultimately indicates a tension between Islamthat ethically egalitarian and historically determined. This article tries to seek an Islamic view of justice onwomen testimony by arguing the importance of contextualizing interpretation by revitalizing appropriatemaxim of Quran exegetes and up grading maqasid studies in order to find a more equal and justreligious interpretation on women in Islam
Penyelesaian sengketa letter of credit ekspor-impor syariah pascaputusan Mahkamah Konstitusi Nomor 93/PUU-X/2012
Full text linkThis research is aimed to examine on the dispute settlement Letter of Credit (L/C) Import-Export in sharia banking. This dogmatic study was supported by the statute and conceptual approach. The steps of research were conducted by collecting the primary and secondary data. All of the data were noted using card system based on the subjects of the research problem and writing system. The results of the research show that: First, the position of the Letter of Credit as cross-border transactions in the Sharia banking, not only just set in national contract law, but also stipulated in the International treaty provisions do not contrast with the principles of Sharia. Secondly, in the event of dispute resolution issues of Islamic banks, according to Constitutional Court Decision No. 93/PUU-X/2012 can use two (2) that litigation and non-litigation. A litigation path into the absolute authority of religious courts, while the path of non-litigation the parties can make a choice no explanation as specified in Article 55 paragraph (2) of Law Number 21 Year 2008 concerning Sharia Banking but can also take other alternatives in accordance with a contract that banks have agreed
Indeks kualitas pelayanan pernikahan di Jawa Tengah
Full text linkThis study aims to reveal how the wedding service quality index in Central Java, how the gap realities andexpectations of society towards services, and analyze the attributes of what priority the improvement inservice wedding in Central Java. The approach used in this study is quantitative. Testing the validity andreliability of the instrument showed some fall and after a further test entirely valid and reliable. Thenumber of samples involved in the study is 1000 obtained with quota purposive random samplingmethod. The study states: 1) Quality Index marriage services in Central Java at 79.08 categorized asgood; 2) All dimensions of service quality both tangible, reliability, responsiveness, assurance andempathy all is negative, meaning that all of society not as expected 3) gapnya biggest attribute is thattangible aspects of priority improvements on these aspects, without neglecting the other aspect
Distribusi zakat di Indonesia: antara sentralisasi dan desentralisasi
Full text linkThe problem of poverty that be falls in the muslim communities is influenced by the systems used inthe distribution of zakah funds. Each system used has some advantages and disadvantages in accordancewith the priority issues to be resolved. If the priority is to reduce poverty, then decentralization isthe best choice of either of these options. This paper would like to reiterate the importance of decentralizeddistribution of charity funds so that funds raised by an area will be returned to the area and theproblems of poverty faced from which the funds collected will soon be resolved