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<![CDATA[Komparasi Pemikiran Al-Maududi dan Motesquieu tentang State Institute Relations ]]>
<![CDATA[Moch. Misbahul]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i1.241
<![CDATA[The principle of separation of powers which is the basic concept of the relationship between state institutions is one attempt to limit the power of rulers. Montesquieu thought about this concept then used as the basis of the governance system by most countries of the world. Opt for this concept by some Muslim countries and the rapid establishment of state discourse on Islam gave birth to fundamental questions about how the concept of the relationship between state agencies when applied in Islamic countries and how Islam speak of the relationship between state institutions. And the only Muslim figures most representative and discuss the issues detailed in the relationship between state institutions within the framework of Islam are a`lâ Abul al-Maududi. From here interesting to study more deeply by a comparative study of how thought Montesquieu and al-Mawdudi on the relationship between state institutions.]]>
<![CDATA[Ibn Hazm dan Imam Asy-Syafi’i Membincang Istimna’ ]]>
<![CDATA[M. Inzah]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i1.242
<![CDATA[Most of the Ulema forbid the act of masturbation. One of the prominent scholars who forbid schools and denouncing acts of masturbation / istimna is the Imam Shafi’i. Legal basis cling Imam Shafi’i law in setting masturbation/ masturbation / istimna ‘This is the Word of Allah. in the Qur’an Surat al-Muminun verse: 5-6. Where in the verse there are only two things that are allowed for in jima ‘, with wives and slaves. So, masturbation is forbidden because it is not mentioned in the verse of Al-Qur’an. And it is reinforced in the next paragraph in the same letter. In addition Imam Shafi’i also seen in terms of moral ethics which turns the act of masturbation does not include actions are commendable. Ibn Hazm one of the scholars of the school of Zahiri said that masturbation / masturbation it makruh law and no sin [La Isma fihi]. However, according to masturbation / masturbation can be forbidden because of damage ethics and nobility were commendable. Ibn Hazm take legal argument with the statement that people who touched his own cock with his left hand is allowed by the ijma ‘(agreement of all the clergy). By this consideration that there is no additional than the legal permissible, except for deliberate release sperm [at-Ta’ammud li Nuzul al-Maniy] during masturbation. This act can not be prohibited altogether. Because the Word of God in the Qur’an Surat al-An’am: 119, Allah has explained what is forbidden him and the Qur’an does not find the verse which states about the prohibition of the act of masturbation. Although in terms of moral ethics Ibn Hazm also consider masturbation as licentious acts. While the medical view on masturbation, in reality the masturbation impact studies prove that it can reduce and prevent prostate cancer is alsoone cause of cancer death affected humans the disease. In psikologipun bit much there are benefits to be felt and there are also disadvantages to be derived as well from committing the act of masturbation. But various trends, impacts or the effects would be back for the offender itselfs in addressing this masturbation.]]>
<![CDATA[Takhrij Hadist tentang Riba ]]>
<![CDATA[Hayatul Millah]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i2.243
<![CDATA[Riba linguistically Ziyadah (extra). Another sense linguistically, riba means also grow and expand. Briefly on the language of usury has the meaning ‘to grow’ both of quality and quantity. While the term riba means making additional cost or capital vanity. Besides in Al-Qur’an, there are some hadiths also explaining usury, where we know that the hadith is one of the sources of law to explain in detail the Al Quran. In some traditions mentioned that the Prophet emphasized to Muslims for meninggalakan usury including; in the last mandate Hijjah 9th year 10 Hijri, the Prophet emphasized the attitude of Muslims towards usury. In a hadith mentioned “Remember that you will be facing your Lord and He would count the deeds. God forbid you take usury. Therefore, the debt must be eliminated as a result of usury. Capital (principal) you are your rights. You will not suffer taupun suffered injustice]]>
<![CDATA[Pergeseran Persepsi Keadilan di Kalangan Muslim dalam Arisan Indeks ]]>
<![CDATA[Abdul Hamid]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i2.244
<![CDATA[The development of arisan indeks in the life of Moslems of Karangdoro-Tegaljati-Banyuwangi, indicates a new perception of justice in the context of arisan tradition. The main concern of this research is understanding the new perception of justice. This research is a qualitative research applying sociological and ethical Approaches. The data was reached by the techniques of interview, observation, and document study. The data was analyzed using the rational choice theory and the general perspective of contextual ethics as the theoretical framework. One of the results of this research is that the perception of justice of the oslem participants of the arisan indeks is rational and contextual in its character. One of the principles of the Moslems’ perception is that the value of justice in the context of arisan indeks relates to not only the nominal of money but also, and more importantly, the substantive value of money.]]>
<![CDATA[Islam dan KDRT (Tinjauan Hukum Islam terhadap Praktek Kekerasan dalam Rumah Tangga) ]]>
<![CDATA[Abu Yazid Adnan Quthny]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i2.245
<![CDATA[Cases of domestic violence are still a phenomenon that often happens in people’s lives. Not infrequently, the violence bears the physical suffering of the victim. The perpetrators of violence often defend themselves by aliby, what it does is the right guaranteed in culture and religion. In a patriarchal society, acts of domestic violence are often not an issue that is considered serious. Even sometimes the women shut acts committed partner because regarded as a disgrace husband. In Indonesia, the largest religious believer is Islam. However,in the last 10 years, the rate of domestic violence is quite alarming. Narrow religious understanding, as well as the permissive culture of women to acts of domestic violence to be one of the root causes of why the action is still ongoing. Islamic law, which in essence provides a high position for women, many reduced to justify acts of domestic violence.]]>
<![CDATA[Pemahaman Hakim Tentang Talak Bid’i dan Penerapannya di Pengadilan Agama Lumajang ]]>
<![CDATA[Ahmadi]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i2.246
<![CDATA[Bid’i divorce is a divorce that is handed down to a wife who is still in menstruationor to a wife who had done sexual affair with her husband when she was not in menstruation. Both of this kinds of divorces are prohibited. Bid’i divorce is happened in some cases. This study is categorized as empirical research which the data compiled is in the form of qualitative descriptive data. Theresearcher got the data from observation, interview and documentation. In brief, the result of this study is the definition of bid’i divorce based on judge comprehension of a religious court in Lumajang that is a divorce or “Talak” handed down by a husband to his wife in which the wife is still in menstruation or not in menstruation but she has done sexual affair within which. The practice of bid’i divorce in religious court of Lumajang has ever happened, however the judge has extended to the couple that divorce is forbidden. Then, because of some consideration those are divorce right is husband’s authority, husband do not live in Lumajang, and both of them have made n agreement and could hold the risk. Finally, the judge gave permission to the husband todivorce his wife.]]>
<![CDATA[Kajian Hermeneutika Maqashid Al-Syari’ah sebagai Hikmah Al-Tasyri’ Hukum Wali Pernikahan dalam Kitab Al-Umm ]]>
<![CDATA[Siti Aisyah]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v2i2.247
<![CDATA[In Islam, every law prescribed by God has its own purpose and reason. Maqashid al-Syari’ah is the purpose of law. Therefore, the mujtahid keep trying to study and comprehend sharia texts to understand Maqashid al-Syari’ah, including the law of marriage representative. The problems of the study consist of Shafi’s’s perspectives on the law of marriage representative on book Al-umm. The study employs the review of Maqashid al-Syari’ah using hermeneutic approach. It is a normative research which involves literary study. It employs secondary data written in fiqh kitab use the comparative analysis. include the illegitimate status of marriage done by immature woman without the presence of her representative. In the maqashid al sharia analysis of hermeneutics, it is concluded that in the methodology of Fazlur Rahman, to get sense of maqashid al-syari’ah on marriage representative , is a solution for the problem solving about gender. Ijbar right, not to be a necessity reason, but used fro to pretect women whom adult yet, and for the communication media by the adult women.]]>
<![CDATA[Konsep Turas sebagai Upaya Meredam Ketegangan Hubungan Islam dan Negara (Tela’ah atas Pemikiran Abid Al-Jabiri dan Hassan Hanafi) ]]>
<![CDATA[Abd. Aziz]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v3i1.250
<![CDATA[The relationship between Islam and the state becomes a debate among Muslim intellectuals today, it did not escape because of a tradition in the community, particularly Arab, where the growth and development of Islam. The issue of the caliphate, the Imamate, the Islamic State and sebagaianya, is a matter of tradition protracted and crystallized, when all was left alone. Finally by reading back the tradition, studying it back is a relevant thing to do, as a solution to the tension the relationship between Islam and the state.]]>
<![CDATA[Perceraian Sebab Kawin Paksa (Studi Kasus di Pengadilan Agama Jember) ]]>
<![CDATA[Abdul Hamid]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v3i1.251
<![CDATA[In Islamic law and positive law that a marriage must be conducted in accordance with the rules and regulations. Both of these indicate that the carrying out of a marriage should be based on the terms and the pillars of Islam and the positive law. By law if the marriage ceremony has done, then the resulting rights and obligations between husband and wife. If the marriage between husband and wife or one of them does not want to perform its obligations, it shall do divorce. In the KHI mentioned that one of the causes of marriage breakdown is divorce and the reasons that can be used to litigate divorce one of them is between a husband and wife constantly disputes and quarrels and no hope of living in harmony again in the household. From this arises because a spouse is unwilling to perform its obligations due to any coercion in marriage.]]>
<![CDATA[Hukum dalam Perspektif Islam dan Kapitalisme ]]>
<![CDATA[Abu Yazid Adnan Quthny]]>
<![CDATA[ Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan ]]>
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DOI: 10.55210/assyariah.v3i1.252
<![CDATA[In making the law as a guideline together in social systems, there is a pattern of significant differences between the law-making which is based on the spirit of capitalism, in the spirit of making laws based on the Islamic spirit. So as to see which laws are based on capitalism, and which are based on Islamic law, Certainly not as easy as it seems. But of the existing laws in the social system, one can read the true interests behind a legal product. If the laws more near to acomulation capital with the exclusion of the national interest, then certainly produced legal products is legal in the perspective of capitalism.]]>
