JURNAL HUKUM ISLAM
Jurnal Hukum Islam (JHI) (ISSN: 1829-7382 and E-ISSN: 2502-7719) is a peer-reviewed journal published biannually (in June and December) by the Faculty of Sharia, Institut Agama Islam Negeri Pekalongan, Indonesia. The journal specializes in Islamic law studies, including Islamic family law, Islamic economic law, Islamic criminal law, Islamic constitutional law, zakat and waqf law, and thoughts of contemporary Islamic law.
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TINDAK PIDANA PERDAGANGAN ORANG: ANALISIS UNDANG-UNDANG NO. 21 TAHUN 2007
*, Alfitra
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : IAIN Pekalongan
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Although the laws have regulated trafficking, even been set in the Criminal Code, but not all of those can easily overcome the problem. Poverty and employment problems are considered as the causes of trafficking. Children and women, as the majority of trafficking victims, rarely report the crime they have experinced. So, the laws and regulations of trafficking need to get more attention and widely socialized.
INDUSTRIALISASI DI INDONESIA: MENUJU KEMITRAAN YANG ISLAMI
M. Arif Hakim
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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To accelerate the development process in a country, industrialization represents as an absolute and certain strategy, due to the paralelism between development and industrialization. Historical evidents records, as a developing country, Indonesia has made use of industrialization that results in shifting of economic activities, from agricultural sector to the industrial. On Islamic perspective, industrialization must be in accordance with maqahid syari'ah. Established partnership among corporates and small-scale industry must be in mutual benefit for all parties as it is indicated in the Quran
PERILAKU EKONOMI DALAM BINGKAI ANTARA AL-MU’AMALAH AL-MADDIYAH DAN AL-MU’AMALAH AL-ADABIYAH
Abdul Khobir
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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There are three main economic activities that every individual has to do with them in his or her life to achieve economic well-being and prosperity. They are; production, distribution and consumption. Those activities concern not only with need fulfillment and profitability, but also involve human behaviour either producers’ behaviour or consumers’ behaviour. The economic men whose behaviour arises from the scarcity of means to achieve given ends, has made people to behave in a way that is in accordance with economic rationality to achieve maximization. However, rationality does not necessarily imply maximization, as the forms of rationality could be selfish and egoistic, it could also be beneficial for one individual but harmful for the society. This is, because the principle of Economics is that every individual is actuated and motivated by self-interest. In an Islamic perspective, people’s behaviour must be in accordance with the Islamic values and norms and to seek the pleasure of God the almighty. This does not mean to ignore the rational behaviour in economy, but that rationality must be in accordance with the Shari’ah and the Islamic values and norms wich in turn will guide them in dealing with economic activities to bring them into economic well-being and prosperity. With regard to the bahviour in dealing with people and other creatures and to treat people as we wish to be treated in good treatment, I will come up with the concept of al-Mu’amalah al-Maddiyah and al-Mu’amalah al-Adabiyah. Although the concept is quite universal, it is quite useful to apply them in our economic activities in the framework of Islamic economics, so that our economic behaviour is in accordance with the Shari’ah.
PERLINDUNGAN HUKUM TERHADAP PASIEN SEBAGAI KONSUMEN JASA PELAYANAN KESEHATAN DALAM TRANSAKSI TERAPEUTIK
Achmad Muchsin
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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In the therapeutic transaction, the relationship between patient and health service providers tends to bring the conflict. Many factors caused that conflict, e.g., lack of patient health understanding, inequality position between the patient and the provider before the law, and the imperfection of service quality handed over by the provider. Viewed from legal standing, therapeutic transaction has far consequences in reciprocal nature, between the patient and the doctor.
PERDAGANGAN BERJANGKA KOMODITI: ASPEK FIQH DAN EKONOMI
AM Hafidz MS
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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Commodity Futures Trading (CFT) essentially has hedging as a main purposes. But for some 'black investors', CFT has been used to make blind speculation that divert and distort the existence of CFT. In the Islamic economics perspective, CFT also remains a problem deals with the legal basis that can be used to justify the implementation of CFT in contemporary economy. So, this article will discuss; the nature and types of CFT; importance of CFT in modern economy; and CFT in the perspective of Islamic Economics.
WACANA TAKWIM URFI DALAM PENANGGALAN ISLAM
Jayusmman *
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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As a calendar that uses an average calculation, Urfi calendar (takwim Urfi) is based on Urfi computation. It is agreed by scholars, that the use of takwim Urfi as a guidance in the performing of religious obligations is not valid. But because of the ease and regularity calendar computations based on Urfi reckoning, it can be used as alternatives in the discourse of international unification of Hijri calendar in Islam.
HISAB FALAK DAN RUKYAT HILAL: ANTARA MISI ILMIAH DAN SERUAN TA’ABBUD
Sofiyulloh Mukhlas
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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Hisab (calculation of reckoning) and ru'yah (determining date by sighting of moon), as the methods used to determine the beginning of Islamic calender represent two significant matters need deeper discussion. However, the different methods in the determination of lunar months system requires further discussion concerns with the validity of the methods of determining the beginning of the month, so does the method used by Rasulullah SAW. In determining the lunar months system, Hisab seems to be an attempt that uses scientific approach, while Ru'yah seems to be an attempt that use ta'abbudiyah approach. This fact is often exposes people to two alternatives, giving priority to scientific method or deemed contrary to leave the scientific method with emphasis to ta'abbudiyyah.
AKAD MUAMALAH DI PASAR MODAL SYARIAH
Isfandiar, Ali Amin
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : IAIN Pekalongan
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Shifting paradigm on capital market from conventional to shariah one supports to change the instrument usage. Because of prohibited status on debt trading (obligation or sukuk), interest instrument which has been used in capital market should be modified. Therefore ‘aqd muamalah is choosen and implemented to legalize debt contract on capital market. Ijarah and mudharabah has been implemented to shariah capital market. Beside both, it uses ‘aqd murabahah as contract instrument. Up to now, National Shariah Board (Dewan Shariah Nasional) was issued two fatawas on both of the first namely Fatwa DSN No.33/DSN-MUI/IX/2002 on shariah obligation based on mudharabah contract and Fatwa DSN No.41/DSN-MUI/III/2004 on shariah obligation on ijarah contract, beside the other fatwa on shariah obligation itself, Fatwa DSN No.32/DSN-MUI/IX/2002 deals with the shariah obligation. By fatawas, legalization of shariah obligation was actually guaranteed as to be implemented on shariah capital market and it can be seen to product variation published by financial institution.
HISAB FALAK DAN RUKYAT HILAL: ANTARA MISI ILMIAH DAN SERUAN TA’ABBUD
Sofiyulloh Mukhlas
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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Hisab (calculation of reckoning) Â and ru'yah (determining date by sighting of moon), as the methods used to determine the beginning of Islamic calender represent two significant matters need deeper discussion. However, the different methods in the determination of lunar months system requires further discussion concerns with the validity of the methods of determining the beginning of the month, so does the method used by Rasulullah SAW. In determining the lunar months system, Hisab seems to be an attempt that uses scientific approach, while Ru'yah seems to be an attempt that use ta'abbudiyah approach. This fact is often exposes people to two alternatives, giving priority to scientific method or deemed contrary to leave the scientific method with emphasis to ta'abbudiyyah.
WACANA TAKWIM URFI DALAM PENANGGALAN ISLAM
Jayusmman *
Jurnal Hukum Islam Volume 7, Nomor 1, Juni 2009
Publisher : Fakultas Syariah Institut Agama Islam Negeri Pekalongan
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As a calendar that uses an average calculation, Urfi calendar (takwim Urfi) is based on Urfi computation. It is agreed by scholars, that the use of takwim Urfi as a guidance in the performing of religious obligations is not valid. But because of the ease and regularity calendar computations based on Urfi reckoning, it can be used as alternatives in the discourse of international unification of Hijri calendar in Islam.