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SANGAJI: Jurnal Pemikiran Syariah dan Hukum
Published by IAI Muhammadiyah Bima
ISSN : 25501275     EISSN : 26151359     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
SANGAJI: Jurnal Pemikiran Syariah dan Hukum; terbit dua kali setahun oleh Program Studi Hukum Keluarga Fakultas Syariah IAI Muhammadiyah Bima, sebagai media publikasi informasi dan pembahasan yang berkaitan dengan masalah-masalah syariah dan hukum. Berisi kajian ilmiah berupa konseptual-kritis dan ringkasan hasil penelitian baik field research maupun normative. Redaksi mengundang para akademisi, peneliti, pemerhati dan pihak-pihak lain yang memiliki karya ilmiah terkait dengan fokus kajian jurnal ini.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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DILEMA DUALISME HUKUM KASUS MERARIQ KODEQ SUKU SASAK Yayuk Kusumawati
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.62

Abstract

The government had set several roles to manage social-life. One of these roles is about marriage accordance to Article/ section 1 of Constitution year 1974. Refer to it, someone who wants to marry has to be maturity of soul or physical, it meant that they will get harmony life at household. However, the fact describes that the roles cannot be practiced finely and face some obstacles such as the support roles, social - condition, economic, culture and religion. The effect of these situation, there are some problem formulations; (i) how much frequency of marry earlier or merariq kodeq at Sasak community. (ii) what of the cause merariq kode is still done even though they are in modern community. Meanwhile, the research has purposes to know (iii) the effects of marry earlier or merariq kodeq at Sasak Community, (iv) what the effort of government to prevent marry earlier or merariq kodeq at Sasak Community. The style of this research is Normative – sociological which is to know the circumstances in community. The method of data collecting is observation, interview, and documentation. Meanwhile, to analyze the data, researcher use qualitative description method. The result of research show that the obstacles to use the roles cause by lack of punishment and difficult access. The performance of early marry or merariq kodeq is to be culture at Sasak Community, it cause by custom roles demand although the bill number 1 year 1974 prohibit it. So, it be great obstacle to realize the role.
DINAMIKA IJTIHAD ULAMA INDONESIA DALAM FORMALISASI HUKUM ISLAM Muh Yunan Putra
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.63

Abstract

Indonesia is the one of democracy country and has principle of believe in the One Supreme God. Refer to it, there are some roles or the bills created based on Islamic Law, such as Marriage Law, Heritage Law, Waqf Law and Criminal Law. In apply, Islamic Low usually face the normative situation and the increasing of human need and thinking. So, it is required to be able to adjust or create new form to fulfill both of interest. In this case, it can be seen at product law or fatwa created by Indonesian Council Of Ulama (MUI) which integrated based on community’s need. However, disconnected between structure and function of law caused by political performance. Historically, Islamic Law in Indonesia was influenced by social-culture aspect, it marge with Islamic thinking and characteristic such as Fiqh Book, Islamic roles in Muslim’s country, judgment or verdict, or the roles (fatwa) which is created by Ulama. So, namely Islamic Law is the pure of Islamic thinking which produced by Ulama integrated with the social environment. Although, al-Quran dan al-hadits have the roles also to be law, but there are many problems that need to solve using the law’s guide. To solve that problems, Ulama do ijtihad and think hard to get out problem solving. Finally, Ulama use their mind to fulfill the emptiness law, so the result is the product of thinking law as now as.
ISTIHSAN; ANALISIS HISTORIS PEMIKIRAN IMAM AS-SYAFI’I Jainuddin H. Tajudin
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.65

Abstract

Imam Syafi’I rejected the concept of Istihsan based on his reason, if someone uses the Ihtihsan as his reason, so he has made a new syare’at. As known, Imam Syafi’I committed to use Al-qur’an, As-Sunnah, Ijma’ and Qiyas as the mind of his construction thinking. It was not born suddenly, but influenced by other elements. Imam Syafi’I is the great Muslim Figure known by multidiscipline knowladge; he developed the Hizza’s model in his thinking which influenced by shades of science at Madinah and Iraq. To know deeply, this research uses the historical-approach, it purposes to know more easy his thinking about Istihsan and how it was born. Besides, Imam Syafi’I was not rejected totally the concept of istihsan, but there are some reasons to receive it. Refer to it, Imam Syafi’I rejected the concept of istihsan because it was assumed using extra logically in Istimbat.
KEKERASAN DALAM RUMAH TANGGA DI BIMA DALAM BINGKAI BUDAYA PATRIARKI Zuhrah Zuhrah
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.66

Abstract

The important in this research is to solve the main factor of violent in household. The research will focus on the perspective of patriarchy culture in Bima. The style of research is field research, researcher be on the field directly, he interview the objects or stakeholders who ever known about the case of violent in household. The sample is taken by using purposive sampling method, and the technique of collect data are using observation, interview, documentation and study literature. Based on the result of research, the case of violent in household in Bima District are more than in Bima City. While the data at Bima City during 2014-2015 only 17% than data at Bima District. The case of violent in household which written at Religious Court are more effected by noting care about household. There are husbands who has not the permanent job, while their wife does not want to help her husband to get job, so they get more income. The violent in household at Bima sometime it be happen to wife or children. The important in this research is to solve the main factor of violent in household. The research will focus on the perspective of patriarchy culture in Bima. The style of research is field research, researcher be on the field directly, he interview the objects or stakeholders who ever known about the case of violent in household. The sample is taken by using purposive sampling method, and the technique of collect data are using observation, interview, documentation and study literature. Based on the result of research, the case of violent in household in Bima District are more than in Bima City. While the data at Bima City during 2014-2015 only 17% than data at Bima District. The case of violent in household which written at Religious Court are more effected by noting care about household. There are husbands who has not the permanent job, while their wife does not want to help her husband to get job, so they get more income. The violent in household at Bima sometime it be happen to wife or children.
KONSTRUKSI HUKUM DALAM PEMBUKTIAN UNSUR TINDAK PIDANA PEMBUNUHAN BERENCANA Hajairin Hajairin
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.67

Abstract

In this research, the author saw in two court judgments which taken out by the District Court (PN) of Raba Bima, number 341/Pid.B/2014/PN.R.bi and the High Court of Mataram (PT), number 20/Pid/2015/PT.Mtr. Both of judgments are strengthen each other, it defendant is in the period of detention during 19 years in prison. However, the verdict/judgment of Supreme Court Number 815K/Pid/2015 cancelled of two court judgment which it underneath. In this case, the Judge has different view of law as the main point to be consideration to make decision for Abdul Khalik. The construction of law in this case has to be seen and translated by the concept of judgment and legal certainty, because of different decision making by District Court (PN) of Raba Bima, the High Court of Mataram and Supreme Court which is freeing Abdul Khalik from all lawsuits. Based on these situation, it need to deep analysis and critically to get the best judgment as the goal of criminal law which is born by the criminal justice system.
MENGGUGURKAN KANDUNGAN HASIL PEMERKOSAAN MENURUT YUSUF AL-QARDHAWI Muhammad Aminullah
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.68

Abstract

The main point of this essay is the study of Islamic Law about “Perspective of Yusuf Al-Qardhawi at abort the fetus which is effected by rape”. The problem formulations are; firstly what is the law of abort the fetus which effected by rape based on Yusuf Al-Qardhawi’s perspective?, second what the kind of approach to take and set the law by Yusuf Al-Qardhawi to that case? The writer uses the multidisciplinary approach, the instruments of data analyze are deductive, inductive and collaborative. While, to collect the data, writer used the literature approach. The result of this research show that, firstly the law of abort the fetus effected by rape is allowed or legalized based on Yusuf Al- Qardhawi’s perspective, it to be rukhsah to who pregnant due to the rape, except it, if not aborted so will disturb the pregnant safety. But, abort should be done before 40 days of fetus age. Second, Yusuf Al-Qardawi used the Qiyas method to decide the case, it mean that the woman is allowed to abort in an emergency. If it not, so will disturb the pregnant safety, as known that, the core of pregnant is fetus. Finally, the result of research describe how moderate of Yusuf Al-Qardawi to get the benefit of human.
PRAKTEK PROSTITUSI TERSELUBUNG DI KOTA BIMA Adnan Adnan; Juhriati Juhriati; Syamsuddin Syamsuddin
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.69

Abstract

This paper is summary of the result of research conducted in Kota Bima. It was tried to open the prostitution mask which is done by the students. Besides, the research is a way to search the prostitution motive and how to solve it. The type of this research is the empiric and sociological law, meanwhile, the data is collected by field observation and directly interview. The data of research was analyzed by description method, to describe the data, it need more explanation to solve the prostitution. The result of this research show, there are two main factors why the students do prostitution; firstly internal factor which are consist of low of moral standardization and low of iman quality ( Believe to God), life style, psychological burden (traumatic and disappointed). While the external factor is influence by environment (friends), lack of parents, social, or government watching. However, the dominant factor is demand of students life – style who wants life luxury and expensive. Finally, the students can do the prostitution because lack of parent, social (owner the building house, hotel or homestay) and government roles.
KEDUDUKAN MORAL DAN HUKUM DALAM BANGUNAN HUKUM INDONESIA Taufik Firmanto
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 1 (2017): Maret
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i1.81

Abstract

Discoursing between law and morality is an interesting conversation among a legal scholars and jurists. Observing of legal developments are reviewed historically, the morality of jurisprudence from time to time undergoes sharp reductions. In the early stages of modern human civilization, the morality of jurisprudence still stands firmly on the foundation of the religion (christian). Moral judgments about good or bad, right or wrong, are consistently restored to the divine rules. Faced with the power of the church and the kings, came the antithesis of contradictory extreme thought, the idea that denied the existence of God or rejected the hegemony of religion and the church. The opposing of two rivals in concepts, theories and practices are concerning of the moral role of life. In turn, it had a significant influence on the development of jurisprudence in Europe at the time, leading to the spread of colonization in the eastern hemisphere.
REPRESENTASI REKAYASA SOSIAL SEBAGAI SARANA KEADILAN HUKUM Yayuk Kusumawati
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 2 (2017): Oktober
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i2.199

Abstract

In the social life, there is circulation life which change quickly and slowly, so the system of law in Indonesia should be adjusted unnamed conservative. To answer that challenge, needed the social engineering in the social life to fulfill their goals. Social engineering presented to solve problem in social life. Principle, fungtion of the low to be able to change the symbol or method in social life, it can make the habitual become strong or more loyalited and may be the other habitual which happen in social life. That condition, such as deleted the habitual which not match to social need or create new habitual which though more benefit and kindness than before. Refer to the dynamic social circulation, the changing is a necessary. In this term, fungtion of the low must be maximalized for justice and peace, it is mean to social wealth
IMPLEMENTASI PENJAMINAN HAK ANAK DAN ISTRI PERSPEKTIF HUKUM POSITIF DI INDONESIA Rafik Patrajaya
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 1 No 2 (2017): Oktober
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v1i2.200

Abstract

One of the interest point to study is how the positive low guarantee the right of family’s low. This paper talk about some problems about the implementation of guarantee right primarly the low of family, Right should see the equal and same in family and social life as the important problem must be solved. As principle of marriages in The constitution No.1, 1974 chapter 31 clearly said that position between Husband and wife is same, it can be running in family and social life. Husband as the a leader of family meanwhile wife as a housewife, they has the right to be the subject in low. The other bill range clearly about caring The Kid’s Right, it explains that the Kid must be cared and teach until they married or the live independent although their parents divorced. The Kids who is not 18 years old or never married, they are still under parents caring as long as the power is canceled yet. In this term, Parents have the right to vice their kids in all of low’s activities out and in the justice. Event though, parents are canceled their power however they have to give the budget’s caring to their kids

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