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Asy-Syari’ah : Jurnal Hukum Islam
Published by Institut Ilmu Keislaman Zainul Hasan Gengong
ISSN : 24603856     EISSN : 25485903     DOI : 10.36835/assyariah
Core Subject : Religion, Humanities,
Religion Humanities
Asy-Syariah Journal Is The Journal That Pudlished by Islamic Economic and Business of Institut Ilmu Keislaman Zainul Hasan Genggong Kraksaan Kab. Probolinggo Est Java, this Journal publish About Islamic Law, Social Islamic Law.
Arjuna Subject : Umum - Umum
Articles 102 Documents
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Dalih Agama Untuk Kekerasan Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v1i1.193

Abstract

Politicization of religion is a phenomenon that often arises in a society, be it country macro community and society in general, both in structure and in the semi- structured and quasi-structure, and can even occur in the personal area, along with interest the culprit. This violence is not only done in one religion, but in a broader scale and the interests of a more global level, violence is also valid between one religion to another religion. Basically to realize the importance of politicians legitimized by coercing the political policy which lasted accompanying personal interest of the politicians. Thus, political factors into factors behind the violence in society. Violence in the name of religion has become a human tragedy that has long adorned the history of mankind. Normatively, no one of any religious teaching that encourages and recommends his followers to commit violence against followers of other religions outside the group. But historicallyfactual often encountered violence perpetrated by some members of the community in the name of religion.
Konsep Wasiat Menurut Hukum Islam, Kompilasi Hukum Islam, dan KUH Perdata. Achmad Fauzi Imron
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v1i1.201

Abstract

The title of this research is Konsep Wasiat Menurut Hukum Islam, Kompilasi Hukum Islam, dan KUH Perdata, in a context of interpretation blurring testament exist in Islamic law and the Civil Code. Besides, there are similarities, there are also differences that characterize testament stipulated in the legal system. People consider differences arising merely written and not written a will. So as to overcome the fuzziness interpretation, it is necessary to determine the characteristics of a comparison with the limitedly. Therefore, the comparison is useful for the formation of the national inheritance law other than Islamic law and the Civil Code, also compared with the compilation of Islamic law as a positive law in force in the Islamic Religious Court. This can be formulated in several issues, namely how to draft a will according to Islamic law, Compilation of Islamic Law, and the Civil Code as well as what the similarities and differences that exist in Islamic Law, Compilation of Islamic Law and the Civil Code. This research includes the study of literature / literary called normative legal research using a qualitative approach. Method of data collection is done by the method of documentation and comparative descriptive analysis. Probate in Islamic law has pillars and conditions attached to the pillars, namely the musyi, mshalahu, mushabihi and shighat. Probate property is limited and can be canceled 1/3. According to KHI, harmonious testament that people who intestate, the recipient will, objects diwasiatkan and shighat will. Probate property is limited and can be canceled 1/3. Meanwhile, according to the Civil Code of the conditions is no pewasiat, the recipient will, diwasiatkan objects, as well as the editor of a will. Forms of wills that openbaar testament, testament olografis, and testament closed. The contents of a will can be erftelling and legaat. Similarities between testament according to Islamic law, KHI and the Civil Code which is done after death, probate limits equally should not be detrimental to the heirs, but in different terms (ie 1/3 and legitime portie) as well as the cancellation of the will. While the difference lies in the harmony and the terms of a will. Shape will that in Islamic law made orally and in writing, KHI can be done verbally / in writing / before a notary and in the Civil Code in the form of a deed notarized. Prominent difference lies in the content of the will in the Civil Code that is not known in Islamic law and KHI. As a result of the law is closely related to the acceptance of the will is a person who receives a will has the right to own property or not (canceled his will).
Pandangan Ulama terhadap Pergaulan Laki-Laki dan Perempuan dalam Masa Bhekalan di Desa Kedungsari Kecamatan Maron Kabupaten Probolinggo. Imam Bukhori
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v1i1.202

Abstract

This research has an objective to know the phenomenon of Bhekalan tradition and the opinion of Ulama’ Kedungsari village Maron subs district Probolinggo regency to the social intercourse between male and female in Bhekalan period. This research is qualitative descriptive qualitative, by using social definition paradigm that is included to sociology paradigm. Meanwhile, the approach in this research uses phenomenon approach, because this research tries to understand and mean the social phenomenon. In acquiring data, the researcher uses three methods, those are: observation, interviewing, and documentation. The result of the research shows that the intercourse between male and female in Bhekalan period is fax and free and it become a custom in Kedungsari village. And those thing is cannot be rid of Ulama’. Ulama’ in that village is forced to be more creative in delivering their dakwah. Ulama’ from Kdungsari village should suggest that to restrict male and female intercourse in Bhekalan period until they get married.
Operasi Vaginal Rejuvenation dalam Perspektif Islam Nur Roikhana Zahro
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v1i1.227

Abstract

Vaginal Rejuvenation (sometime misspelled vaginal rejuvination) is a general term that refers to surgical procedures to help tighten and support the vagina and its structures. Women who want to enhance or improve sexual gratificationand suffer from stress urinary incontinence (involuntary loss of urine with laughing, coughing, sneezing, exercising etc.) can have this condition treated at the same time as the Vaginal Rejuvenation surgery. The main function of this sugery is about womens’ reproduction health. This technology of surgery according to Islamic law has not yet being discussed, about its appropriateness or legality. That is why in this paper I would like to discuss it.
Pendekatan Sistem dalam Teori Hukum Islam (Membaca Pemikiran Jasser Auda) Salamah Eka Susanti
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v1i1.228

Abstract

In early period of Islam, a scope of syari’ah is same with a scope of fiqh, that wreath all of doctrine of Islam. Than because of the development of science, both of them are limited by the scope. Syari’ah is means as a role of Allah which has the absolute, everlasting, pure, and sacred, so it can not change and it can change by Allah (syari’) him self. Whereas, fiqh includes category of science, and as a science, fiqh is the product of human perseption (human product), because of it, it has relative and profan,that formula has been influence much by the condition of place and time. In the course of history in early period of fiqh is as a science, than it becomes a dogma. Finally, the fiqh thought which is in early period of Islam is very dynamis and many kinds of development is suitable with the development of society has changed as a dogma which must be memorize, hold it out, and follow as it. Fiqh is the product of the human perseption which has dynamis, relative, and profan, it has changed to syari’ah which has absolute, everlasting, pure, and sacred. So, the product of human creation is in a line with god’s sentence. The method and result of fiqh often describes as god’s power, so it impressed as righteousness note of paradise. Even though truly interpretasion it obey to worldview of expert law (fuqaha), but it often announces as the god’s command.
Konsep Dasar Hukum Waris di Indonesia dalam Perspektif Sejarah. Yusrolana
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v1i1.229

Abstract

The basic concept of inheritance law in Indonesia something grounded and must be understood by all the people of Indonesia as a system that will be handed down for generations Indonesia who will run the existence of inheritance law in this country, history will prove that the existence of laws of inheritance are shared by most of the people Indonesia is a standard rule of Islamic law is the Qur’an, in the Koran provisions relating to Mawaris already outlined the development of the law does not deny the inheritance from Indonesia before independence and after Indonesian independence. In carrying out the Inheritance Law no legal basics about heir, is concerned with laws that define the legal position of a person who dies, he is entitled to the full to bequeath their wealth to anyone through a will and testament will apply when a person is already dead but when someone is not dead it will still be changed, otherwise if it dies it will have legal ketepan existence that can not be changed even if there are people who the rightful heir, and the provision of an heir by a will does not mean to abolish the right to inherit it ab intestato.
Reformasi Hukum Keluarga Islam Turki (Status Poligami dalam Perspektif Teori Linguistik-Semantik Muhammad Shahrur) Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v2i1.237

Abstract

Renewal of Islamic law in the form of family law legislation began in 1917 with the passing of the Ottoman Law of Family Rights by the Government of Turkey. Family law reform in Turkey was a milestone in the history of family law reform in the Islamic world and has a great influence on the development of family law in other countries. Muhammad Shahrur is one of the contemporary Islamic legal thinkers who did the understanding of Islamic law by way of hermeneutics. One popular method is the analysis of linguistic semantics, and application of modern exact sciences. according Shahrur, marriage principles in the Qur’an are monogamous. While the letter an-Nisa ’verse 3 is often used as the basis of legislation of polygamy actually talking about guardianship of orphans. Therefore, according to the terms Shahrur allowed polygamy (1) wife of second, third, and fourth are widows who have children orphaned, and (2) there must be a sense of worry can not do justice to the orphans. As well as engagement in the Turkish Civil Code of 1926 and arranged in chapters 82-87 in The Cyprus Turkish Family Law of 1951 stipulated in Article 4-5. Turkish family law encourages courts to not hold a special agreement before the marriage, that is to say, if there is a cancellation of the wedding, then judged based on state laws (depending on the law, not a specific agreement between the person who is engaged). If the engagement party is already done, and it turns out the marriage covenant void, then the parties considered responsible for the cancellation of any obligation to pay compensation in the form of changing the party who has incurred costs.This study will discuss the history of the Turkish family law reforms and the factors that influence since Ottoman times to become the Republic of Turkey was formed, explains the elements of a Turkish family law reform, and then associate one element of a Turkish family law reforms (polygamy) with analytical thinking Shahrur linguistic semantics.
Hukum Islam dan Perubahan Sosial Fathullah
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v2i1.238

Abstract

In early period of Islam, a scope of syar’iah is same with a scape of fiqh, that wreat all of doctrine of Islam. Than because of the development of science, both of them are limited by the scope. Syar’iah is means as a role of Allah which has the absolute, everlasting, pure and sacred, so it can not change and it can change by Allah (Syar’i) him self. Whereas, fiqh includes category of science, and as a science, fiqh is the product of human perception (human product), because of it, it has relative and profane, that formula has been influence much by the condition of place and time. In the course of history in early period of fiqh is as a science, than it becomes a dogma. Finally, the fiqh thought which is in early period of Islam is very dynamis and many kinds of development is suitable with the development of society has changed as a dogma which must be memorize, hold it out, and follow as it. Fiqh is the product of the human perception which has dynamis, relative and profane; it has changed to syar’iyah which has absolute, everlasting, pure, and sacred. So, the product of human creation is in a line with god’s sentence. The method and result of fiqh often describes as god’s power, so it impressed as righteousness note of paradise. Even thought truly interpretasion it obey to worldview of expert law (fuqaha), but it often announces as the god’s command.
Batas Usia Anak dan Pertanggungjawaban Pidananya Menurut Hukum Pidana Positif dan Hukum Pidana Islam Imam Muttaqin
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v2i1.239

Abstract

Children as young generation is a potential successor to the ideals of national struggle. The child is a capital development that will preserve, maintain and develop the existing development results. Therefore, a child needs of protection in order to ensure the growth and development of the physical, mental and social as a harmonious and balanced. Position son in law is a legal subject is determined from the form and system of the child as community groups and classified as not capable or under umur.Kajian about the age limit of children and criminal liability according to positive criminal law and criminal law of Islam is a very interesting phenomenon to be studied, especially during the many phenomena of a child under the age of sitting on the bench of the accused and detained like big criminals only because of trivial matters. The research used in writing this article is to try to explain about the age limit of children and criminal liability according to positive criminal law and criminal law of Islam. The approach used in menyelesaikanya with normative-juridical approach. Under this approach, the limit of the age of the child and criminal responsibility becomes clear that under Islamic law, the age limit of the child is under the age of 15 or 18 years and the child acts can be considered against the law, only the state can affect accountability. So that the unlawful acts by a child can be excused or could be punished, but not the principal punishment, but punishment ta’zir. While the positive law limits the child’s age is the age of 8 but has not reached the age of 18 years and have never been married and all acts children who violate the law can be punished but maximum imprisonment half of the sentence adults, to prison orjail up to 10 years, imprisonment life and the death penalty does not apply to children.
Tinjauan Nahdlatul Ulama dan Muhammadiyah dalam Melihat Hukum Bunga Bank Mahtumah
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v2i1.240

Abstract

Economic activity from time to time had been developed, which used to exist now did not exist, or vice versa. First institutional investors such as banks are not known and there is now. Then a new problem in fiqh muamalah arises when faced with the problem of understanding usury banks. On the one hand, interest rates (bank interest) trapped in riba criteria, on the other hand, the bank has a large social function, it can be said without bank of a country will be destroyed. Financial system and the economic relations these days, both within and outside the country, is through the bank channel. No one any country that does not have a company bank, because banks can launch any nexus and ensure the survival of pengiriman. Oleh because the authors are keen to try and retrace examine the problems of the bank interest law in the opinion of the Nahdlatul Ulama through Bahsul Masail- Her and Muhammadiyah with its Majlis Legal Affairs Committee, with a tap on the point permaslahan underlying basis of these differences regarding bank interest is through the method of taking legal keputasan drawn from the study in terms of fiqh.

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