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INDONESIA
AT-TURAS: Jurnal Studi Keislaman
Published by Universitas Nurul Jadid
ISSN : 2355567X     EISSN : 24601063     DOI : -
Core Subject : Economy, Humanities, Education, Art, Social,
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences
Two decades or more, in the global scheme, Islamic studies have been enforced to take broader paradigms from dogmatic-theology to popular-religious. Islamic studies is not merely discussing on sacred corpus only, but everyday life of Islam also. In academic space, this field has increasingly been an intersection -if not a contestation- across disciplines, such as political science, anthropology, sociology, history, economics, media, and cultural studies.
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Articles 7 Documents
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Search results for , issue "Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer" : 7 Documents clear
Peran Filsafat Hukum dalam Pembentukan Hukum di Indonesia Bakir Bakir
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (762.344 KB) | DOI: 10.33650/at-turas.v4i1.198

Abstract

Law is, first and foremoest, a discursive discipline: lawyers and judges live in the doain of reasons and meaning. It interprets statutes and cases, articulate rules to guide behavior, and then argue about their import in particular cases. Meanwhile, philosophy is, of course, the discursive discipline par excellence to which English philosopher John Campbell quite perceptively described as ‘thinking in slow motion’, a meaning which seems contraproducive with lawyering as often called as ‘thinking in fast motion’. This article argues that philosophy of law has important role on implementation of law in Indonesia. Given the fact that both (law and philosophy) are, as discursive disciplines, concerned with rational and logical thought, the philosophy inquiry into law simply brings to light and makes explicit what is often implicit and unargued.
Nalar Kesetaraan Mahar dalam Perspektif Syariah Islam Subhan Subhan
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (832.271 KB) | DOI: 10.33650/at-turas.v4i1.193

Abstract

Presenting dowry (mahar) in the process of marriage is an ancient tradition since Jahiliyah period. Since that era, dowry was more meaningful as transactional instrument between husband’s family as buyer and male members of wife’s family as seller. The position of wife is extremely disadventaged, because they are considered as ‘potential’ commodity to get financial income for male members of wife’s family. When Al-Quran has been revealed, the tradition of dowry continued, but its conception has changed. If at the past time dowry was paid for the parents or family members of wife, today dowry is paid for the wife. Furthermore, Al-Quran changed status of woman from merely ‘commodity’ to actively participant in that transaction. The meaning of dowry in this period has changed from only a symbol of transaction to symbol of compassion and love; it is also a symbol of wedlock to provide wife material and moral support. In Islamic tradition, presenting dowry is an obligation. A man who get married with woman is obliged to present her a dowry, and he commits a sin if he does not present her a dowry.
Nafkah Isteri Ter-Thalaq Ba'in: Kajian Sejarah Sosial Pemikiran Imam Ahmad ibn Hambal Rahman, Fuad
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1054.299 KB) | DOI: 10.33650/at-turas.v4i1.194

Abstract

The obligation of ‘iddah for divorced women has been under rule of Islam. Meanwhile, it is also obligation for men to provide his divorced women a material support during ‘iddah period. It aims to facilitate her for living survival after the firstly time divorce. However, the rule possibly changes if the divorce is condemned in terms of thalaq ba’in, a condition in which the men takes three-divorce or state the third divorce to women with its implication to the prohibition for getting remarriage except only if the women has been under married by other men. For this case, the four ulama’s (with four schools of thought) have different decisions, but Imam Ahmad ibn Hambal determined that there is no obligation for providing material support for the divorced woman with thalaq ba’in. The enforcement of this law is based on the hadith as narrated by Asy-Sya’bi from Fathiman binti Qais from Rasulullah on the women with thalaq ba’in.
Pluralitas Agama dan Faham Keagamaan: Pelajaran Dari Pondok Pesantren Nurul Jadid Mursyid Mursyid
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (846.367 KB) | DOI: 10.33650/at-turas.v4i1.201

Abstract

This article attempts to provide a sociological perspective on the religious pluralism and ideology, and its implementation in the leadership system of Nurul Jadid islamic boardingschool at Probolinggo, East Java. Additionally, it also aims to argue the ways cultural power and negotiation are implemented by leaders of pesantren in building plural education for santri. To deeply analyze it, it is important first to describe the common pattern of Muslim in perceiving the diversity of religions and religious ideologies in Islam. One of the ways Nurul Jadid has carried out is to strenghten cultural roots of pesantren and to adapt it with social actions under kiai’s modelling figure, since the kiai and pesantren tradition are two ornaments  contributing on the formation of santri’s behaviors.
Percampuran Deposito dan Investasi dalam Perspektif Fiqh Islam Refky Fielnanda
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (827.897 KB) | DOI: 10.33650/at-turas.v4i1.196

Abstract

Mudhâraba is partnership in profit between capital and work. It is conducted between investment account holders as owner of capital (rabb al-mâl) and the Islamic bank as a mudhârib. The Islamic bank announces its willingness, to accept the funds of invesment account holders, the sharing of profits being as agreed between the two parties, and the loss being borne by the owner of funds, unless they were due to misconduct, negligence or violation of the conditions agreed upon by the Islamic bank. A Mudhâraba contract may also be concluded between the Islamic bank, as a provider of capital on behalf of itself on behalf of invesment account holders, and bussiness owner.
Ahlul Bayt Perspektif Syiah dan Sunni: Studi Tafsir Al-Mîzan dan Tafsir Tahrîr wa Al-Tanwîr Musolli, Musolli
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.573 KB) | DOI: 10.33650/at-turas.v4i1.199

Abstract

This article attempts to verify that every interpreters have different kinds of interpretation based on their own ideologies. The different exegesis on Surah al-Ahzâb (33): 33 makes it justified. The school of Sunni maintains that Ahlul Bayt is not merely limited to Ahlul Kisa’ as coined among proponents of the school of Shi’i. furthermore, related to the in-deepth investigation of using al-asbâb al-nuzûl of the Surah, it seems to be concluded that Ahlul Bayt in that verse is Ali’s members of family, including Ali, Fatimah, Husain, Hasan, and Prophet Mohammad. At least this is the core of result of the investigation to which this article tries to achieve.
Perkawinan Anak Di Bawah Umur dalam Perspektif Hukum Islam dan Sosiologi Hukum Alvan Fathoni
JURNAL AT-TURAS Vol 4, No 1 (2017): Sosiologi Hukum Islam Kontemporer
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (788.46 KB) | DOI: 10.33650/at-turas.v4i1.197

Abstract

This article portrays the marriage of underage children in terms of Islamic law, state act, and sociology of law. This study argues that such marriage is an unfinished social issue although state or Islamic law ruled the minimum limit for possibility of marriage. However, many rural people have culturally been constructed within different situation from the urbans, so it created more chances for them to get marriage under the possible age. The underage marriage still happens since the society had sociologically believed that a child who had marriageable age (balîgh) must be married, since it causes the more possible disadventages (madhârat), such as doing the religiously forbidden things.

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