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HAM dan Hukum Islam : (Tinjauan Atas Penerapan Hukum Di Masyarakat) Yamani, Gasim
Rausyan Fikr: Jurnal Studi Ilmu Ushuluddin dan Filsafat Vol. 17 No. 1 (2021): Januari - Juni 2021
Publisher : Fakultas Ushuluddin, Adab dan Dakwah, Institut Agama Islam Negeri (IAIN) Palu, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/rsy.v17i1.712

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.

IBN RUSYD (Kritik Terhadap al-Gazali dan Pengaruhnya di Eropa) Gasim Yamani
Moderasi: Jurnal Studi Ilmu Pengetahuan Sosial Vol. 1 No. 2 (2020)
Publisher : Program Studi Tadris Ilmu Pengetahuan Sosial (TIPS) IAIN Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/moderasi.Vol1.Iss2.31

This article aims to explore the treasures of Ibn Rushd's philosophy of rationality versus Al-Gazali's fundamental religious thought related to 3 (three) metaphysical problems, namely: (1). Qadimnya (eternal) nature, (2) God does not need to take care of small things (3). There is no physical resurrection. To understand and know the three problems, it can be described as follows: One: Qadim or eternal nature. The scholars represented by Al-Gazali argue that God created this universe from nothing into existence. According to Ibn Rushd, the opinion of the ulama represented by Al-Gazali cannot be justified. Therefore, what is true is that there are 2 (two) substances of two things which are both eternal (eternal), namely God and Nature, although the nature of God is not the same as the nature of Nature. The existence of God was earlier while the existence of Nature was later or later. Initially, God and finally Nature are not in terms of time or time, but from the side of the level of matter, as previously the movement of a person with the movement of his shadow. In fact, a person's movement occurs first, followed by a moving image, but both of them move at the same time and time. Although it is different from the side of its origin. Second: God doesn't have to take care of little things. Al-Gazali argues that knowledge is something that stands alone, even though it has a relationship or relationship with matter, science stands alone, the matter stands alone, but both of them manifest in one substance. Therefore, God is obliged to know everything big and small. Third: Resurrection of the body. Al-Gazali argues that the bodily awakening coincides with the spirit. This reasoning is based on a large number of texts from the Al-Qur'an which informs about the awakening between the body and the spirit. This is as informed by God through the incident of the Prophet Moses who asked God so that God could show Prophet Moses how God brought life to the dead. The Lord answered, O Moses, chop a bird then put the bird's flesh separately into all the mountains, after that call the bird, surely the meats that you spread will gather together and immediately come before you. When the Prophet Musa cried out to the bird, suddenly the meat quickly moved to one another to become a bird as before.

TUHAN, NABI, DAN NEGARA IDEAL "Telaah Atas Pemikiran Al-Farabi" Gasim Yamani
Al-Munir: Jurnal Studi Ilmu Al-Qur'an dan Tafsir Vol 3 No 01 (2021): Jurnal Al-Munir
Publisher : Program Studi Ilmu Al-Qur'an dan Tafsir, Institut Agama Islam Negeri (IAIN) Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/al-munir.v3i01.72

This article aims to explore the realms of al-Farabi's philosophical thought, by focusing on four problems: Is God unnecessary in the process of creating nature to know, think and even make nature the object of his thought? 2). How to interpret the influence of Imagination that underlies al-Farabi's theory of prophethood? 3). How is al-Farabi's view of the human soul? and 4). What is the ideal state form for al-Farabi? To answer this problem, the method used is library research research, with a philosophical approach. The research results obtained: First, God does not depend on nature as the object of his thought in the process of natural creation. Second, the Prophet, through his strong imaginative abilities, was not only able to deal directly with Mustafad's intellect, but was also able to translate the revelations that were sent down and transferred to us. Third, the soul has two powers, a theoretical power, namely the human thinking power that can distinguish and judge and is able to express different competences, and the practical power is the power that determines what human actions must be done. Fourth, the ideal country is a country whose leader is not only political, but also includes ethical issues.

HAM dan Hukum Islam : (Tinjauan Atas Penerapan Hukum Di Masyarakat) Gasim Yamani
Rausyan Fikr: Jurnal Ilmu Studi Ushuluddin dan Filsafat Vol. 17 No. 1 (2021): Januari - Juni 2021
Publisher : Fakultas Ushuluddin, Adab dan Dakwah, Universitas Islam Negeri (UIN) Datokarama Palu, Indonesia

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.

Divorce Mediation at Religious Courts in Pasangkayu during the Covid-19 Pandemic: Socio-Juridical Analysis Gasim Yamani; Nazil Fahmi; Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

This article describes the application of divorce mediation and explains the factors that influence mediation practices during the Covid-19 pandemic at the Religious Courts in Pasangkayu. As part of the alternative settlement of disputed cases, mediation has changed its implementation, including in the practice of law in religious courts. This study uses a socio-juridical approach to examine qualitative data obtained from field research through observation, in-depth interviews, and documentation. This study presents three conclusions. First, divorce mediation includes pre-mediation, which is carried out privately, and its implementation is based on the situation. Second, several enabling and inhibiting factors influence the practice of meditation. Third, from a socio-juridical perspective, mediation is a construction guided by the principle of agreement carried out through deliberation and consultation regarding disputes. In addition to adhering to a positive legal system, mediation in religious courts in Indonesia attaches to the Regulation of the Minister of Religious Affairs Number 1 of 2006 and the process of judging (tahkim) procedure in Islamic law. The influence of local customs and culture on the implementation of mediation in religious courts is not by the objectives of Islamic law and positive law, which is oriented toward the peaceful settlement of disputes and good faith.

Analysis of Marriage Customs of the Saluan Ethnic Perspective of Islamic Law in Banggai District Ismail Ismail; Zainal Abidin; Gasim Yamani
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.52

This study aims to analyze the marriage customs of the Saluan Tribe in the perspective of Islamic law in Banggai Regency. The analysis of this research includes the implementation of marriage according to the custom of the Saluan tribe, Banggai Regency and a review of Islamic law on the implementation of the traditional marriage of the Saluan tribe. The research used a qualitative method with data collection techniques used namely observation, in-depth interviews and review of written documents. The data were analyzed using data reduction techniques, data presentation, data verification and drawing conclusions. The results of the study show that the implementation of the traditional marriage of the Saluan tribe in Banggai district begins with the Montoi date or determines the wedding date. Then, the marriage process is continued with exploratory (popitoi), proposed marriage (Monsodoi), marriage deliberation (Mobisalakon Saibatanggo). The final process of the traditional marriage of the Saluan tribe is escorting the bride (Menggundulkan Mangantokon) to the man to get married (Akad Nikah) and visit the parents-in-law's house (Mobilangi Tama).The traditional marriage of the Saluan tribe from the perspective of Islamic law is in accordance with Islamic law. When viewed from a maqâṣidalshariah perspective, the marriage process of the Saluan tribe also does not violate Islamic law because the purpose of the traditional marriage procession is to preserve life and property. This research contributes to people's understanding of the history or origins of the Saluan tribal traditional marriage tradition. Then this research can also contribute to the preservation of the customs of the Saluan tribe regarding marriage.

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