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Al Hurriyah : Jurnal Hukum Islam

alhurriyah
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Published by Institut Agama Islam Negeri Bukittinggi

ISSN : 25493809 EISSN : 25494198 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Al-hurriyah merupakan media publikasi hasil penelitian dan kajian konseptual tentang tema-tema kajian hukum Islam: Jurnal ini terbit dua edisi dalam satu tahun ditujukan untuk kalangan pakar akademisi, praktisi, LSM, lembaga kajian dan lembaga penelitian sosial keagamaan.

Arjuna Subject : -

Articles 7 Documents

Search results for , issue "Vol 10, No 2 (2009): Juli - Desember 2009" : 7 Documents clear

KHITBAH MENURUT PERSPEKTIF HUKUM ISLAM Novel, Ismail
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

A marriage in Islamic law viewed as a kind of a very lofty agreement (al ‘Aqd alGhalizha). This agreement is regarded as a very important thing inside of a marriage process. Therefore, the agreement needs an introduction related with the process. Generally, in an Islamic literature this introduction called as alkhitbah or asking in marriage. According to Islamic law perspective, there are some norms in the khitbah (asking in marriage) process. One of them is a man forbidden to ask in marriage to a woman as long as the woman is asked in marriage by another man.

KEUANGAN NEGARA DALAM ISLAM (MELACAK SUMBER-SUMBER PENDAPATAN DAN PENGELUARAN NEGARA) Asyari, Asyari
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

This article discusses public finance, one of studies in Islamic economics, in history perspective from prior of Prophetic to Khalifaurasyidin. That time is supposed as operated Islamic State (Daulah Islamiyyah) efectively . From history noticed that zakat, ghanimah, fai, jizyah, kharaj, ‘ushur, dharimah and waqf as wel as shadakah are nation of Islamic income. Before distributing to ummat, all of them organized by baitul maal. Nation of Islamic expenditures are spending to develop public facilities or to reduce proverty, war, education, propagantion (dakwah) and development of religion in society. Conclution of this discusses that the characteristic of nation of Islamic expenditure is not only to reach society peaceful on material aspect but also to develop society based on spritual.

TAFSIR SURAT AL-KAFIRUN (ANALISIS ATAS KITAB JAMI’ AL-BAYAN KARYA AL-THABARI) Ridho, Muhammad
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

Koran is a source in Islamic law, a kind of ways to understand Koran is by an exclamation. One of Islamic exclamation books is Jami’ul Bayan written by Imam alThabari one of Islamic scholars in the previous time. In this article, the writer is going to discuss how the scholar expert in exclamation wrote the exclamation book. Moreover, the writer is going to discuss about the surah alKafirun in the Koran.

TOLERANSI HUKUM ISLAM DALAM PIDANA Shafra, Shafra
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

This article attempts to reflect towards the Islamic criminal law (jinayat) as a humanism law and as humanitarianism in this life. Regarding to the death sentence and hand cut sentence for instance, many orientalists have misinterpreted that the Islamic criminal law has been regarded as a cruel law without any tolerant. According to them, there is no any tolerant in the Islamic criminal law at all. Whereas, this kind of view is absolutely wrong. In the case of the Islamic criminal law, there still has any tolerance. But not all kind of tolerance in the Islamic criminal law could be applied in every case. The tolerance could be applied in the killing case only, this is caused that the killing case involves his individual rights and not regarded as God’s rights. Specifically, there is a tolerance space related with this problem. So that, the cast could get any tolerance for his punishment, it does not mean that he would not get any punishment at all. Finally, this article aims to minimize the wrong view without any revision towards the general or universal subsection law.

METODE IJTIHAD ORMAS ISLAM (REFLEKSI PLURALISME PEMIKIRAN DALAM ISLAM) Daipon, Dahyul
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

Ijtihad (individual interpretation and judgment) is a kind of human being rational activity which is developed maximally to produce an Islamic canon law (hukum syara’). According to some theories given by the Islamic scholars (ulama) stated that ijtihad can be used towards some problems related to the canon laws which have no neither any basic foundation in the Koran nor perceptional law (nash zhanny) yet. Ijtihad can not be used by every person, except for those who has capacity and integrity related with the Islamic law. The ijtihad movement has been started since the period of Prophet Muhammad, and then continued by his disciples, also by the after disciples even continued until this era. Inside of the Indonesian state system, there are a lot of social organizations involved in an effort attempting to apply the ijtihad system. For instance, Indonesian Scholars Assembly (MUI), the assembly of Tarjih Muhammadiyah, the assembly of NU with the system of searching for the roots problem (Bahsul Masail), and PERSIS by way of each Hisbah council. Every organization has each method and characteristic to take a law as the decision.

DEWAN PERWAKILAN DAERAH (DPD)-RI (REFORMASI FUNGSI, KEDUDUKAN DAN PROSES PEMILIHAN ANGGOTA DPD) Wirman, Hardi Putra
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

DPD has got second periods of their occupation, after general election in 2004, DPD has become one of new department in Indonesia’s government structural, thus Indonesia has bicameral in MPR which consist of DPR and DPD. This department has been regulated in constitution through the third mandement of UUD 1945 has result chapter 22C, 22D and 22E. The existence of this department in Indonesia’s government structural is the way to manifast societies’s opinion and expectation becauce of societies’s disatisfaction to perliement which represent political party. But in the other side, DPD is powerless because it doesn’t have right to have opinion, discuss dan refuse a RUU. Consequently, it needs reformation’s fuction, occupation and election process of DPD, thus it is able to manifest challenges of otonomi daerah in the future.

Pemikiran Hukum dan Fatwa Abdullah ibn Masâ€™ud Busyro, Busyro
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

As one of Prophet Muhammad companion who often together with him, Ibn Mas?ud was believed to be a hakim (judge) and mufti (adviser on religious law for a region) in the era of Umar bin Khatab leadership. In some cases, his method in some ideas much influenced by the tradition and scientific given by Umar bin Khatab at that time. Related with his role as a hakim and mufti, he has produced a lot of decisional law and guidance (fatwa) that sometimes it was very difficult to be decided even it was very different with the prophet statements (hadis). He has forceful basic ideas which are regarded as a good respond related with social problem occurred in the period. From some examples of his guidance related to the social problem, it showed that there was a relationship between his guidance and the condition among the society at that time. Finally, we could see that the last decision of his guidance was aimed to realize the purpose of deciding the Islamic law itself; realizing the goodness or benefits for the society and rejecting such kind of things that could appear any depravation.

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