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Moch. Yunus
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+6285288002921
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Jl. PB.Sudirman No.360 Semampir Kraksaan Kabupaten Probolinggo Jawa Timur Kode Pos: 67282
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INDONESIA
Asy-Syari’ah : Jurnal Hukum Islam
ISSN : 24603856     EISSN : 25485903     DOI : 10.36835/assyariah
Asy-Syariah Journal Is The Journal That Pudlished by Islamic Economic and Business of Institut Ilmu Keislaman Zainul Hasan Genggong Kraksaan Kab. Probolinggo Est Java, this Journal publish About Islamic Law, Social Islamic Law.
Arjuna Subject : Umum - Umum
Articles 102 Documents
Islam dan KDRT (Tinjauan Hukum Islam terhadap Praktek Kekerasan dalam Rumah Tangga) Abu Yazid Adnan Quthny; Ramdan Wagianto
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 1 (2018): Asy-Syari'ah - Januari 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (137.283 KB) | DOI: 10.55210/assyariah.v4i1.98

Abstract

Cases of domestic violence or domestic violence are still a frequent phenomenon in people's lives. Not infrequently, the violence produces physical harm to the victim. The perpetrators of Violence often defend themselves with the rogue, what it does is a right guaranteed in culture and religion.In a patriarchal society, the act of domestic violence is often not a serious problem. In fact, not infrequently the women to close the meeting of the actions of his partner because it is considered a disgrace of the husband. In Indonesia, the biggest religion is Islam.Namun in the last 10 years, the number of domestic violence is quite alarming.A narrow religious understanding, as well as the women's permissive culture of domestic violence become one of the root causes of the problem, why such action is still ongoing. Islamic law, which in fact provides high positions for women, is much reduced to justify acts of domestic violence. Keywords: Islam, KDART, Violence, Household Appliances
Transformasi Madzhab Qouli Menuju Madzhab Manhaji Jama`iy dalam Bahtsul Masa`il Imam Syafi`i; AH. Soni Irawan
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 1 (2018): Asy-Syari'ah - Januari 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (154.575 KB) | DOI: 10.55210/assyariah.v4i1.99

Abstract

Among the forums to solve the problem are collectively known as 'bahtsul masa'il'. the legal decision is collective, derived from the consensus of the participants. His method of searching references (maraji ') to find answers regarding the existing problems, known as Madzhab Qauli, madzhab which is understood as the opinion or fatwa of a Mujtahid or Mufti in deciding fiqhiyyah law. However, not infrequently stagnation (maukuf) in the termination of the law. Because there are no references or books that explain the problem. As a result, if enforced (laws with existing references) result in unfair decisions and other issues for the community.From this manifestation of schools began to be considered important to be developed. That is a way to answer the problems faced by following the way of thinking and the rule of law which has been drawn up by the madzhab priest as described above. This last method is actually an attempt to decide the law by directly returning al-Qur'an, al-Hadits and so on by using tools qawa'id ushuliyyah and qawa'id fiqhiyyah. Everyone can not run this method individually. because the legal instrument of the legal system must be completely mastered. Therefore this Manhaji Method can be developed by means of ijtihad Jama'i that is the hard effort of some experts in their respective fields maximally in exploring the law of syar'i which is dhanni by using the method of istimbat. The decision is based on the agreement of the ulama or by acclamation, which is to take the most votes from the results of the deliberations. Keyword: Madzhab Qouli, Madhab Manhaji, Bahtsul Masa`il
Islamic Law in Indonesia Muhammad Hifdil Islam
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 1 (2018): Asy-Syari'ah - Januari 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (147.87 KB) | DOI: 10.55210/assyariah.v4i1.100

Abstract

Introduction The enforcement of Islamic law in Indonesia has experienced ups and downs along with the political laws imposed by state power. Even behind all that, is rooted in the socio-cultural forces that interact in the political decision-making process. Nevertheless, Islamic law has progressed continuously. both through political infrastructure and political superstructure with the support of the socio-cultural force. Keywords: Islamic Law, Indonesia
Wakaf Uang dalam Perspektif Hukum Islam Nanang Qosim
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 1 (2018): Asy-Syari'ah - Januari 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.59 KB) | DOI: 10.55210/assyariah.v4i1.101

Abstract

Waqf is a wakif legal act to separate and / or hand over some of his possessions to be used forever or for a certain period in accordance with his interests for the purposes of worship and / or general welfare according to the Shari'ah. Wakif is a Party who injects his property.Nazhir is a Party that receives wakaf's property from wakif to be managed and developed in accordance with its intended.PPAIW is the authorized official set by the Minister to make the Deed of Wakaf Pledge. Keywords: Endowment and Money
Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam Salamah Eka Susanti
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 1 (2018): Asy-Syari'ah - Januari 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (196.759 KB) | DOI: 10.55210/assyariah.v4i1.102

Abstract

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.
Hermeneutika Manhaj Tafsir Fazlur Rahman Abu Yazid Adnan Quthny; Abd Hannan
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 2 (2018): Asy-Syari'ah - Juni 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.573 KB) | DOI: 10.55210/assyariah.v4i2.104

Abstract

As a method of Tafsir - in the context of classical science -, hermeneutics is used to solve, interpret and interpret the meanings contained in scriptures, jurisprudence, ancient documents and texts. Hermeneutics as a theory of interpretation will surely give birth to hetereutic products as operational-applications tafsirnya. Fazlur Rahman is one of contemporary Muslim thinkers using the hermeneutic approach in nash interpretation. He grew up in a strong family environment in holding religious teachings by adopting a system of schools against Imam Hanafi (Sunni) as a figure of mujtahid madhhab ulama with traditional-conventional Islamic thinking and developing his scholarship to Western world which influenced many modern-contemporary thinking patterns. Rahman's education with traditional and contemporary background is apparent in his ijtihad results by carrying on the Qur'an, systematic-interpretation and logical-synthesis approaches. Rahman's traditional-liberal form of thought can be understood from his superior theory of double movement theory which was launched in 1982 AD with his basic ideas and ideas about the fundamental differences between the legal aspects of the Qur'an and the ideal aspects of the moral al -Qur'an. The integration of an education system of the traditional system in the state of origin (Pakistan) with the modern system of philosophy while continuing its studies in the West (France) made Rahman consistent with the position of al-Qur'an and sunna as the source of the first and main Islamic teachings as a means to uncover the meaning of the text and messages of both mashdar al-hukm. Fazlur Rahman classified as a unique and prominent thinker of his time is very interesting to be studied. He grew up in Pakistan and expanded his science to France and then to Chicago Canada who was later invited by his local government to return to help in Pakistan. But his struggle in his birthplace did not last long which made Rahman have to move back to Chicago, Canada. It seems like this hijrah experience as a reference to make it easier to remind us of the popular hermeneutic theory which is also pacing or reciprocity between inductive and deductive ie double movement theory around text, context and contextualization Keywords: method , Tafsir and hermeneutics
Konsep Etika Religius Ibnu Athā’illah Al-Sakandarī Bayu Fermadi
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 2 (2018): Asy-Syari'ah - Juni 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.708 KB) | DOI: 10.55210/assyariah.v4i2.105

Abstract

Abstract: Ethics is a social action that continues to affect, reflect all human actions in general, whether the actions are good or bad. Universal, ethics can be interpreted as a form of custom, custom, morals, character, feelings and attitude. the concept of ethics in general can not be separated from the base that affects the formation of ethics is the religion of Islam (Islam islamic) which became the main source of ethical review process - religious reading - in the reality of everyday life. In Islam's view the construction of the above ethics is built through several processes, theological, theological, the morality, the scriptural, the philosophical ethics. The striking difference that religious ethics holds is primarily rooted in the Qur'an and as-Hadith, which significantly tends to divest the dialectics and focus on attempts to expel the spirit of Islamic morality in a more specific way to the study of religious ethics of Ibnu Athā ' god trying to get out of the craze of developing thoughts and passively choosing social problems. So came the concept of religious ethics that are universal like sincere, patient, honest and trustworthy. Keywords: Religious Ethics, Ibnu Athā'illah Al-Sakandarī
Religiusitas Komunitas Muslim di Media Sosial Farhan
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 2 (2018): Asy-Syari'ah - Juni 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (6046.892 KB) | DOI: 10.55210/assyariah.v4i2.106

Abstract

Abstract: This research reveals about the religious culture of Muslim community alike the Qur'an in overcoming the anxiety of the soul because it is caused by the guide of social media. This continues to be done because it can be a problem solving in balancing the experience of ritual worship as well as social worship. This research, including the study of virtual ethnography and using the phenomenology approach and based on the foundation of communication science, especially the study of media related siber.Object field in question is an online field in social media Whatsapp, scout group sanggar more than 100 members, two administrators as a resource. The research question is how the implementation of al-Qur'an khataman among the alumni community of Sunan Ampel Boy Scouts in social media whatsapp June-July 2017 ?. The results showed that (1) Implementation khilmil Quran recitations conducted based on community resilience, sustainable and created atmosphere of religiosity. (2) Citizens of cyber can increase emotional, solidarity, among fellow Muslim communities realize the concept of amar ma'ruf. (3) The community entrusts administrators by dividing community members into two groups. Each group consists of 30 residents read in a week. (4) The constraints faced by community members are discussed and the solution is solved by musyarawah-mufakat in social media. (5) Administration of the recitation of the Quran documentary Quran orderly documentary cyber. Keywords: Religious Culture, Online Community, Social Media, Amar Ma'ruf
Zakat in Islam Fathullah
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 2 (2018): Asy-Syari'ah - Juni 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.549 KB) | DOI: 10.55210/assyariah.v4i2.107

Abstract

Zakat is a number of assets that must be issued by the followers of Islam to be given to the eligible groups, such as the poor and the like, in accordance with established by sharia. Zakat belongs to the pillars of Islam and becomes one of the most important elements in enforcing Islamic law. Therefore zakat law is mandatory for every Muslim who has fulfilled certain conditions. Zakat is also a form of worship such as prayer, fasting, and others and has been arranged in detail based on Al-Quran and Sunna. Here, we elaborate types of zakat, its term and how to calculate and issue them. Keyword: Zakat In Islam
Transaksi Jual-beli dalam Bentuk Khusus Nanang Qosim; Vita Firdausiyah
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 2 (2018): Asy-Syari'ah - Juni 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.604 KB) | DOI: 10.55210/assyariah.v4i2.108

Abstract

Abstract: Sale-purchase order in Islamic fiqih is called as-salam or as-salaf. Terminologically, the fiqh scholars issue it by: Offer of goods which the delivery is postponed, or sell goods that are distinct with early payment of capital, while the goods are the day of payment.Bay 'al-wafa' Etymologically, al-bay 'means buying and selling, and al-wafa' the meaning of repayment / settlement of obligations. Bay'al-wafa 'is a form of transaction (akad) which emerged in Central Asia (Bukhara and Balkh) in the middle of the 5th century Hijriyah and spread to the Middle East.The word ihtikar The origin of the word hakara which means az-zulm (persecution) and isa'ah al-mu'asyarah (social damage). With ihtakara scales, yahtakiru, ihtikar, this word means stockpiling to wait for soaring prices Keywords: Sale-purchase Orders, Bay 'al-Wafa' and Ihtikar

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