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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM

Agus Muchsin

STAIN PAREPARE

Author-ID : 5879874

Humanities Law, Crime, Criminology & Criminal Justice

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TRANSFORMASI HUKUM ISLAM KE DALAM BENTUK QANUN DAULI DUSTURI Agus Muchsin
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 2 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This article out lines nasalah Transformation of Islamic lawin the form of Qabun Dauli Dusturi. From there sults of the discussion can be understood that Islamic law in some modern state can be viewed from two aspects; Islamic law applicable formal judicial and normative, which is described by the three forms of implementation of Islamic law, namely: (1) the implementation of Islamic law through state intervention, by form alizing Islamic law instate legislation. (2) The implementation of Islamic law by way of transformation of the values of Islamic law in the system of state regulation, without form alizing symbolically. (3) The implementation of Islamic law to separate the religious affairs of the state structure, so that the implementation of Islamic law is categorizedas an individual problem. Construction methodology of Islamic law in general consistof: Patterns Bayani, Ta'lili and Istilahi. Viewed from the standpoint of methodology, the phenomenon of Islamic legal thought in general shows that there are at least twoways of thinkingt hat; Islamic legal thought liberal and conservative Islamic legal thought textual.

PENERAPAN MANHAJ TERHADAP PENGUATAN FIKIH KADERISASI ULAMA PONDOK PESANTREN AS’ADIYAH SENGKANG Agus Muchsin
DIKTUM: Jurnal Syariah dan Hukum Vol 14 No 2 (2016): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This paper discusses about the tradition of fiqh Madzhab in manhaji in scholars regeneration at Islamic boarding schools As’adiyah Sengkang. The focus of the study is the fiqh construction of Ma’had al-Aliy and implementation of Ma'had al-Qaeda Usuliyah in strengthening fiqh Ma’had al-'Aliy at Islamic boarding schools As’adiyah Sengkang. The approach of this study is a qualitative descriptive approach. It is concluded that the fiqh construction of Islamic boarding school As'adiyah is determined by scholars because they have full authority to lead and to determine the reference books of jurisprudence at the school. Then, the application of the methodology of fiqh can be seen in the use of the rules: (1) fiqhiyah; al-Umuru bi maqashidiha regard to the intention of ablution, (2) lughawiyah; in terms of mulamasah and permissibility mengqashar and shorten pray only for those on trip by using using Zahir meaning, not Majazi, and (3) ushuliyah in the distribution of tithes to eight asnaf.

KONTEKSTUALISASI HUKUM KEADILAN DALAM QISHAS Agus Muchsin
DIKTUM: Jurnal Syariah dan Hukum Vol 9 No 1 (2011): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This article describes the problem in Qishas contextualisation Justice. Assessment results obtained from the understanding that the term "'Adala", which is aplication used for interpretation of justice, in the mentioned 28 times in the Koran. The word, describes a situation that is straight. Called Straight specifically because it meaningful determination of the law correctly. In terms of Islamic studies is examined more specifically by Mu'tazila as one school of thought that maintains the justice of God. In Islamic criminal law, sanctions the world divided into two kinds, namely: the first based on texts in the form of Qisas, diyat and had. Second, the government left to the discretion of ta'zir. Qishas fiqhi language more commonly used as a punishment qishas threatened with sanctions or disciplinary action taken as a reply in kind. Meanwhile, in view of the West, Islamic law is too cruel and inhumane even been blamed for something that is very unfair, because the children worth it unable to provide a deterrent effect on the perpetrators, and provide no assurance that qishas more effectively than other punishments severe. This assumption is refuted by the phenomenon in several Western countries, there are people who are not satisfied with the legal sanction given so that it appears not believe the attitude of law enforcement and legal materials.

KADERISASI FUQAHA DALAM PERKEMBANGAN HUKUM ISLAM Agus Muchsin
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 2 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This article elucidates the regeneration of Islamic legal scholars in the context of the development of Islamic law. Using historical approach, this study shows that fiqh as a discipline did not exist in the early phase of Islam. The term fiqh in that phase referred to its etymologic meaning, i.e., comprehension. The companion of the prophet who had in-depth comprehension of Islam was termed faqih (plural: fuqaha). So, the term fiqh in its early phase of Islam signified an overall comprehension of all the teachings of God relating to belief, law, ethics, and other aspects. The regeneration according to Islamic perspective is aimed at preparing the candidates of highly intelligent, mature leader, with high moral integrity, who will guard and develop the identity of Islam as khair ummah (the best community). Nowadays, the cadre of Islam continues to exist to maintain and develop the regeneration of Islamic legal scholars through mosques, religious organizations, and pesantren (Islamic boarding schools).

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