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Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Published by Institut Agama Islam Negeri Surakarta
ISSN : 25278169     EISSN : 25278150     DOI : http://dx.doi.org/10.22515/al-ahkam
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Ahkam journal aims to facilitate and to disseminate an innovative and creative ideas of researchers, academicians and practitioners who concentrated in Sharia and Law. It covers textual and fieldwork with various perspectives of Islamic family law, Islamic economic law, Islam and gender discourse, and also legal drafting of Islamic civil law.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 6 Documents
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Search results for , issue "Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum" : 6 Documents clear
The Concept of "Humanity" in the Perspective of Maqāṣid Al-Sharī’ah Moh. Husnul Affan; Asep Awaludin
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

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Abstract

The application of sharia in Islam is a matter that must be done, in the form of worship, mua'amalah and law. However, in legal practice, often the application of the Shari'ah encounters many obstacles in the form of protests or rejections from many parties. This is triggered by the conception of Human Rights (HAM) which has been raised by the West in the 19th century. Thus, it is widely stated that shari'ah in Islam, especially in the application of law (hudūd) is widely seen as treatment that is not in accordance with human rights. However, it turns out that the conception of human rights and humanity implied in it still has various epistemological and theological problems. Human rights that have been discoursed by the West are completely loaded with the paradigm of Humanism-Secular which is very contradictory in Islam. For this reason, Muslims design a separate conception of human rights that is in accordance with the Islamic worldview. So, in this article, the author will discuss the suitability of the purpose of implementing sharia or maqāṣid al-sharī'ah with humanity based on an Islamic view. The writing of this article uses qualitative research methods with a library research model. The writing of this article uses qualitative research methods with a library research model.
The Implementation of Qanun Jinayat in Aceh Fauzah Nur Aksa; T Saifullah; Al Farabi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

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Aceh is the only region in Indonesia granted special rights to implement Islamic law within its territory, as stipulated in Law No. 44 of 1999 regarding the administration of special autonomy in the Aceh Special Region. This uniqueness can be seen as a political solution to the long-standing conflict in Aceh. Several institutions serving as enforcers of Islamic law were established to support the implementation of local regulations on Islamic law, including the Sharia Court, the Sharia Office, and the Wilayatul Hisbah (WH). Additionally, the Aceh regional government collaborates with the police and the prosecutor's office, where they act as investigators, interrogators, and public prosecutors in the implementation of Islamic law. This research examines the implementation of the Qanun Jinayat in Aceh. The research findings indicate that the implementation of Islamic law in Aceh faces several challenges. Firstly, the Wilayatul Hizbah (WH) faces issues related to their authority, as according to Sharia rules, their role is limited to supervision, while investigation falls under the jurisdiction of the police. In practice, the police often disregard Islamic law in Aceh, mainly due to several provisions conflicting with national laws. Consequently, many cases of Sharia violations end with reconciliation processes within the police and do not proceed to court prosecutions. Secondly, the execution process is often lengthy, and in many cases, execution is neglected. The principles of equality before the law and legal certainty have not yet become primary principles in the application of Islamic law in Aceh.
Concept of Zakat Management According to Umar bin 'Abdul 'Aziz Muhammad Labib; Muhammad Ghossan Nazhif Dhiya’elhaq
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

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This research is based on the issue of ineffective zakat management. In response to this situation, a study was conducted on the concept of zakat management according to Umar bin Abdul Aziz. The purpose of this research is to provide alternative solutions to the current problems in zakat management. The research adopts a library research or literature-based method with a descriptive-analytical approach, drawing from books, journals, and other scholarly works that serve as the object of study. The primary source used in this research is the book "al-Khalifah al-Rasyid wa al-Muslih al-Kabir ‘Umar ibn ‘Abdul ‘Aziz" by Prof. Dr. ‘Ali Muhammad al-Shalabi, which contains the biography of Umar bin Abdul Aziz and his zakat management policies. The research concludes that there are five strategies in Umar bin Abdul Aziz's concept of zakat management and distribution, including: 1) being based on the Qur'an and the Sunnah of the Prophet, 2) accelerating the distribution of zakat to the rightful recipients (ashnaf), 3) reforming the quality of human resources for zakat officials, 4) distributing zakat based on regional zakat income, and 5) Umar bin Abdul Aziz's ijtihad (independent reasoning) in some objects subject to mandatory zakat. The impacts of this concept include: 1) surplus zakat income, 2) recipients of zakat becoming contributors (muzaki), and 3) achieving economic stability and community welfare.
Shariah Solutions to Minimising Personal Bankruptcy Cases in Malaysia: A Juristic Analysis Md. Faruk Abdullah; Muhammad Nazmul Hoque; Md. Habibur Rahman; Jamaliah Said
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

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Abstract

This study aims to analyse the Shariah principles for borrowing and lending practices to minimise bankruptcy cases among the public. Several elements in the Shariah may have effect changes in the behaviours and attitudes of debtors. Firstly, Shariah discourages individuals from taking a loan for luxury items even though it is permissible in Shariah. Secondly, people are advised to be prudent in their spending and cautious against succumbing to desires. Finally, there is a genuine concern in Shariah on the repayment of loans and debts. Apart from that, Shariah advises the creditors to extend the time for repayment without charging interest if the debtor is in difficulty. For Islamic financial institutions, Shariah prescribes profit and loss sharing contracts. Furthermore, different types of charities, i.e. zakat, sadaqah and waqf, might be used in the Muslim society to protect the debtors from bankruptcy. This study adds new knowledge in Islamic financial literacy, which would contribute to enhancing the financial well-being of the people.
The Position of the Indonesian Council of Ulama in The Indonesian State Governmental Legal System: The Perspective of Abu Hasan al-Mawardi Sandya Mahendra; Muhammad Junaidi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

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Abstract

This study aims to 1) Know the position of the Indonesian Council of Ulama (MUI) in the Indonesian constitutional law system; 2) Knowing the MUI's position in Abu Hasan Al-Mawardi's (Al-Mawardi) thought. The method in this study uses normative legal research or doctrinal law with a philosophical, historical and conceptual approach. If viewed from a state institutional perspective, the MUI is in the realm of the political infrastructure area. Political Infrastructure itself is a group of institutions that exist in society. The MUI fatwa is not a type of statutory regulation that has binding legal force Based on Article 1 point 2, Article 7 paragraph (1) and Article 8 paragraph (1) of Law 12/2011, the MUI fatwa is not statutory regulation, because it is not made by an authorized body/or institution and does not have general binding power. However, the MUI fatwas are a source of material law. To become a positive law, the MUI fatwa must be positivized by the state through statutory regulations. The theory of state objectives developed by Al-Mawardi has two basic concepts, namely (1) formalization of Shari'a activities, (2) regulation of social, economic, political, legal and military activities.
The Relevance of the Concept of Justice in Islamic Law to Contemporary Humanitarian Issues Suud Sarim Karimullah
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

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Abstract

The study explores the relevance of the concept of justice in Islamic law to complex and pressing contemporary humanitarian issues. Through the literature study method with integrative and comprehensive literature analysis, this study conducts a deep and structured investigation of the existing literature to summarize and synthesize relevant views, arguments, findings, and thoughts. The study results stated that the concept of justice in Islamic law is a central aspect of Islamic religious teachings and has broad applicability in dealing with various humanitarian challenges today. Through a deep understanding of the concept of justice in Islamic law, societies can form solid moral views and act effectively to promote human rights, address economic inequality, facilitate peace, and respond to other humanitarian issues. This makes it possible to view the concept of justice in Islamic law not only as a religious aspect but also as a potential source of inspiration for building a more just and sustainable world for all human beings, regardless of their religious or cultural background.

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