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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM
Rahman Ambo Masse
STAIN PAREPARE
Humanities Law, Crime, Criminology & Criminal Justice

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KAJIAN HUKUM ISLAM PERSPEKTIF ORIENTALISME Rahman Ambo Masse
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (184.321 KB) | DOI: 10.35905/diktum.v12i1.198

Abstract

The study of Islamic law has always been an interesting discourse to be discussed. Especially when Islamic law used as feedstock national legislation. Indonesian Islamic law reformers among the developing discourse that gave birth to the two groups with the character and tendency of thought is diametrically different. The first group, discuss the application of Islamic law with legalistic -textual approach, namely that Islamic law should be applied textually and enforced for all Indonesian Muslims . Islamic law - textual legally in Indonesia can be realized if supported by political struggle. Civic groups voiced discourse, among others, is Hizbur Tahrir Indonesia (HTI), and the Islamic Defenders Front (FPI). This group tends to struggle line radical - conservative by means of dialogue and anarchism combines street parliament. The second group, using substantial - cultural approach, namely that Islamic law does not need to be formalized in the form of legislation, but the most important is the absorption of Islamic values in the socio-cultural life of Indonesian Muslims. Acculturation Islamic values, such as honesty, liberty, justice, and equality before the law needs to be actualised in the daily life of Indonesian Muslim society is far more important than the formalization of the religious teachings . This group is represented by the Liberal Islam Network.
PERBANDINGAN MASLAHAT DALAM PANDANGAN IMAM MALIK DENGAN IMAM AL-GAZALI Rahman Ambo Masse
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.813 KB) | DOI: 10.35905/diktum.v10i2.269

Abstract

The idea of benefit to Imam Malik has a style of its own, which makes the beneficiaries as a method of law that can provide special insight into the passage of a general nature, and even tend to practice the beneficiaries rather than nas, nas contextually if it is not in accordance with the socio society. Beneficiaries in view of al-Ghazali is an expression of something that will benefit and refused harm, the beneficiaries can maintain the intent Syari'a. The purpose of the Syari'ah concerning humans, there are five cases, which is preserve religion, life, intellect, lineage, and wealth. What are five things related to it are called beneficiaries. Otherwise everything can destroy five of the above named mafsadat. Differences thought benefit to Imam Malik and Imam al-Ghazali lies in the use of the ratio in the determination of the existence of a benefit. Imam Malik freer in the use of ratios to determine the existence of a benefit. While Imam al-Ghazali still assume that the ratio is able to capture the presence or absence of a benefit as justified by the revelation. Thus the applicative, Imam Malik freer in determining beneficiaries than Imam al-Ghazali
KONSEP MUDHARABAH Antara Kajian Fiqh dan Penerapan Perbankan Rahman Ambo Masse
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 1 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.713 KB) | DOI: 10.35905/diktum.v8i1.300

Abstract

This article tries to study how the concept of mudharabah in classical Islamic legal theories implemented in Islamic monetary institution, especially Islamic banking. Using library research, this study shows that there exists discrepancy between the concept of mudharabah in classical Islamic books and its implementation in Islamic banking. The discrepancy indicates that the door of ijtihad is still widely open in contemporary Islamic law. The prudential principle necessitates Islamic banking to contextualize the classical concept of mudharabah in contemporary socio-cultural situation.
HUKUM ISLAM DAN PEMBERDAYAAN EKONOMI UMAT Rahman Ambo Masse
DIKTUM: Jurnal Syariah dan Hukum Vol 13 No 1 (2015): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (861.697 KB) | DOI: 10.35905/diktum.v13i1.360

Abstract

Reactualization of Islamic law can be done through empowerment of fiqh and fatwa to understand that fiqh and fatwa are the product of scholars’ thought affected by the socio-cultural aspects accompanying it. The Product of that thought is used as a device to overcome the problems of the religious dimension of worship, muamalah, family law, civil and criminal. Generally, Muslims tend to assume that the product of fiqh thought is considered as religious because most of the practice and application of religious teachings are derived from fiqh, such as the ordinance of purification, prayer, fasting, pilgrimage, and etiquette for transaction which is appropriate to Shari’a guidance.
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