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Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 14112353     EISSN : 25795090     DOI : http://dx.doi.org/10.22373/jms
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
This journal focused on Islamic Law Studies and present developments through the publication of articles, research reports, and book reviews. SCOPE Ahkam specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 208 Documents
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INSTITUTIONAL ECONOMICS RELEVANT TO ISLAMIC FINANCE Abdul Ghafar Ismail
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1739

Abstract

The study on the relevancy of institutional economics to mainstream Islamic economics especially in Islamic finance is not widely known. The relevancy issue arises due to: the role of revelation and reason; and the assumption of an ideal Islamic financial institutions; the role of both institutional environment and institutional arrangements on the setting-up of the Islamic financial institutions. Thus, the discussion in this paper provides a brief (and admittedly unbalanced) sketch of the new institutional economics which is relevant to Islamic finance. The literature in NIE is expanding rapidly and gaining increasing adherents and influence in Islamic finance. Our findings show that it is a highly diverse field and its many branches are rich in theoretical insight, relevant for policy and empirically useful.
PASAR SYARI'AH DAN KESEIMBANGAN HARGA Marhamah Saleh
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1740

Abstract

The market is an economic indicator of a country. In the concept of a modern economic, market mechanism is largely determined by supply and demand. But long time ago the classical moslem scholars such as Abu Yusuf, Yahya ibn Umar, Al-Ghazali, Ibn Taymiyya and Ibn Khaldun had voiced several factors that help forming a market mechanism, and also about the government policy in order to market intervention and price regulation. In the normal economic circumstances, the government is not justified to interfere to determine prices and affect the market mechanism. But when the monopoly practices (ihtikar), hoarding (iktinaz), political dumping (siyasah al- ighraq), and various fraud committed by marketeer, the government is proposed to control the prices in order to achieve the benefit of the people. This article comparatively tries to observe the past opinions of Moslem economists about market behavior in accordance with the sharia and the creation of price stability.
A CRITICAL APPRAISAL OF PARTI ISLAM SEMALAYSIA (PAS) OPPOSITION-BASED STRUGGLE FOR AN ISLAMIC STATE (UNTIL 2008) Ahmad Fauzi Abdul Hamid
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1741

Abstract

The shattering defeat of PAS in the 2004 general elections, while holding on to the reins of government in the state of Kelantan by a tiny majority, heralded an era of introspection for party leaders and strategists. PAS had misread popular sentiment for justice and good governance, which had propelled it into recording massive gains at the expense of its arch-rival UMNO in 1999, as an endorsement of its Islamic state agenda. Its adamant retention of this agenda, costing it an alliance with the Democratic Action Party (DAP) in the Barisan Alternatif (BA) coalition, was most vividly displayed by its revelation of the Islamic State Document (ISD) in late 2003. While PAS does not claim to have disavowed the ISD, deliberations on the ISD seem to have stalled in preference for internal party reforms. Prodding for the reforms are the young professionals whose influx into the party in the mid-1990s transformed the landscape of PAS which in the 1960s was closely identified with the Malay peasantry class. Clearly, the impact of globalization and the rise of the middle class during the era of Dr. Mahathir Mohamad’s Premiership have not eluded PAS. This paper traces such changes, focusing on the realms of political economy and ideological modernization. Internal pressures for changes have accelerated since the electoral setback of 2004 and a string of by-election defeats, at the risk of alienating grassroots party activists who hold the conservative ulama leadership in high esteem. This paper contends that any structural transformation in PAS will necessarily take a long time. Internal fissures are not automatically solved by electoral success, as experienced by PAS in the March 2008 elections, when PAS not only retained the state of Kelantan, but also shared the spoils of power in Kedah, Perak, Selangor and Penang as a component party of the newly assembled People’s Pact (PR: Pakatan Rakyat) coalition.
TELAAH KRITIS METODOLOGI ISTINBATH MUI (STUDI KASUS FATWA TENTANG GOLPUT) Iffatul Umniati Ismail
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1742

Abstract

This essays is dealing with manhaj istinbat al-ahkām, or Methodology of Islamic Legal Fatwa inferences, that has been implemented by Indonesian Islamic Jurist Council (Majelis Ulama Indonesia, and then would be called”the MUI’s Methodology”), with particular reference to its fatwa on prohibition of Absentia Voters in the election as the specific object of this study. This study has found the MUI’s Methodology could be categorized – as being known in Islamic Legal system – as “the Collective Ijtihad” with a narrow participation of Indonesian Ulamas only, and none of International Ulama was officially involved. This study has made efforts to explore the ways MUI’s Methodology has been implemented, and then to reconstruct some ideal parameters of the Islamic Legal Fatwa Inferences Concept according to the basics of Islamic Jurisprudential system. As the study examines too the MUI’s Methodology as implemented on the specific object of this study. The fatwa was decided by All-Indonesia Legislation Forum of The Committees of Fatwa that being held in Padang, January 26, 2009.
ANTAGONISME ISLAM DAN NEGARA: PENGALAMAN INDONESIA Muhammad Afkaf
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1743

Abstract

This article aims to study on socio-historical perspective of Islam politic in Indonesia. Through this perspective, the author argues that problem of the relation between religion and state has been un- finished. However, the effort to integrate the concepts has been undertaking by scholars, especially in the New Order era. Historically, Islam has been utilised in socio-political power in Indonesia. The present writer examines one of example from the experience of Aceh. This leads the serious discussion among scholars on Islamic political thought which not only focussing on the relation between religion and state, but also the concept of secularism.
RUANG KEBEBASAN BERTHEOLOGI PEREMPUAN ACEH DALAM WILAYATUL HISBAH DI NANGGROE ACEH DARUSSALAM (NAD) Ridwan Hasan
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1744

Abstract

Nanggroe Aceh Darussalam (NAD) is a region that has implemented a system in accordance with Islamic Shari’a Qanun. 11 in 2002, and has also been stipulated in Law no. 44, 1999. In Regional Regulation no. 5 years of 2000 and no. 33 year of 2001that is better known in the community called Qanun Aceh. Account that there are various items in the Qanun, which gives the freedom to form to be actions feminism in both attitudes, thoughts or theology form to Allah are still in the corridor to be take shelter from Wilayatul Hisbah by the color of the Islamic Law. The scope of freedom for women is a must according to age in the era globalizations a very necessary contribution in the context of a change in thinking that the women in order to obtain various forms of freedom that is still in the provisions set out in the Qanun, which as far as the rules of sharia marginal of rule to feminism at Islam in a different color.
SYARIAT ISLAM DI ACEH: SEBUAH MODEL KERUKUNAN DAN KEBEBASAN BERAGAMA Marzuki Abubakar
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1745

Abstract

Implementation of sharia laws in Acheh has been legalitimated by Indonesian constitution since 1999. However, its implementation has raised disagreements. This fact raised public concerns that it will trigger implosition, and/or the violation toward religious freedom especially for non-Muslims. The argument in this paper that people of non-Muslims living peacefully with Muslims, there is no imposition to perform Islamic law against non-Muslims, let alone imposition confidence. Islamic Law is only applicable to Muslims, non-Muslims is only expected to respect it.
HAD BAGI PEZINA MUHSHAN (KAJIAN PERBANDINGAN DALIL) Khairuddin Khairuddin
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1746

Abstract

This study aims to look at the comparative perspective of hudud to sexual intercourse after married. This is based on Qur’anic and Hadith that makes a clear punishment for muhsan and ghairu muhsan. However, in this study has found that there are difference opinion of ulama toward the limit of hudud which referred to contradictive Hadith. In this study, the author conducts the critical sanad as a problem solver to the issue.
KONSEP KEADILAN DAN KEDAULATAN DALAM PERSPEKTIF ISLAM DAN BARAT Nurdin Nurdin
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1747

Abstract

This article to explain about concept justice and sovereignty in Islamic and West perspectives. The justice and sovereignty concept in Islamic perspective are based from Allah (The God) to the people and universally. While the justice and sovereignty concept in West perspective are based from the human views and adjectively special for a community in the people. That different between Islamic views and West just on the basic and theory but it substances are to save convenience and life peace for the people
THE CONCEPT OF HUMAN DEVELOPMENT IN THE NOTION OF ECONOMIC MAN: SECULAR AND ISLAMIC PERSPECTIVE Hafas Furqani
Media Syari'ah Vol 13, No 2 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i2.1782

Abstract

Economics subject as study has shifted from the study of wealth (material resources) to the study of human behavior when Lionel Robbins published his monumental work in 1932. Economics as a discipline is interested to study the economic agent behavior in making decisions of allocation resources which are scarce relative to human wants which are unlimited. To some scholars, the subject matter of Islamic economics is similar, i.e., the behavior of economic agent. Both economics, definitely, have several doctrines and assumptions of the nature of economic agent behavior related to their economic life an also the notion of economic man development and progress. Mainstream economics conceives homo economicus as the economic agent who is rational, pursuing self- interest, maximizing his own utility, and consider values judgments as exogenous variables. Islamic economics, on the other hand, conceives homo Islamicus as the economic agent who is Islamically rational, pursuing multiple interests (self-interest together with God-interest, social-interest, and the environment-interest), and considers ethics as endogenous variables that would shape the behavior of Islamic man in economic analysis. The concept of human progress and development is outlined in accordance with this “characteristics” of economic man and his “goals” to be achieved. This paper will explore the conceptual differences of economic man in Islamic and conventional framework as well as the concept of human development in both traditions.

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