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DIKTUM: JURNAL SYARIAH DAN HUKUM

diktum
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Published by Institut Agama Islam Negeri Parepare

ISSN : 16931777 EISSN : 25488414 DOI : https://doi.org/10.35905/diktum

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic Astronomy.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 247 Documents

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KONSEP KETATANEGARAAN DALAM ISLAM Andi Herawati
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Qur'an as scripture has laid the principles and ethical values in society and state. The principles practiced by the Prophet in his capacity as head of state, so he was able to create a system of government that is peaceful, prosperous and democratic. Government that upholds justice, equality, and protection of human rights

PENAFSIRAN TERHADAP KEDUDUKAN ALAT BUKTI DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN Anita Afriana
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Formal judicial, law of evidence in Indonesia does not accommodate electronic documents as evidence, while in practice in Indonesia through e-commerce transactions has been widely used business transactions electronically. With further increase electronic activity, evidence that can be used by law should also include such information or documents electronically. Recognition of electronic information as evidence in court is still questionable validity. In the practice of the courts in Indonesia, the use of electronic data as valid evidence is virtually never existed, though in some countries, the electronic information recorded in electronic equipment has been taken into consideration in the judge decide a case, either criminal or civil. Practice it was not the party who filed the electronic evidence to face trial , except for criminal cases, so that the civil judge in the District Court, for example at the Bandung District Court decides there is no case which recognizes the electronic evidence as evidence that the same force with tool - proof evidence contained in Article 164 HIR. With this fact suggests that civil disputes generally in the District Court is not a dispute relating to the business and leads of electronic transactions. Evidence is not provided for in Article 164 HIR, can not be regarded as valid evidence. This is because the law of civil procedure is a formal legal binding. As the most powerful man in deciding a case , and is regarded as the person who can give vonnis van de rechter (judge 's decision) , a judge granted flexibility to find the law (rechtsvinding), either by means of legal interpretation (wetinterpretatie) or by digging , following the and understand the legal values that live in the community. Legal theory lex specialis derogat lex generalis also be a reference judge in admitting electronic evidence as valid evidence, the law specifically waives the old law, Through the ITE Law, related to the strength of evidence of electronic evidence, the judges should be admitted as electronic evidence and legal evidence has the same probative force of evidence set forth in the HIR

DINAMIKA HUKUM ISLAM DAN AKTUALISASI TEORI-TEORI BERLAKUNYA HUKUM ISLAM DI INDONESIA Muh. Haras Rasyid
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This paper titled dynamics of Islamic law and actualization theories of Islamic law in Indonesia. Main problems is how the dynamic development of Islamic law in Indonesia? in solving the problem briefly used methods, such as the study begins with the collection of data from multiple reference literature then written to the qualitative analysis through several approaches such as historical approach, sociological and juridical. Found that the development of Islamic law is very dynamic and competitive since the entry of Islam in Indonesia. Though Islamic law under challenge but it still can grow and synergize with Islamic laws that exist in Indonesia such as customary law and Western law. Of the dynamics, appeared several theories enactment of Islamic law such as the theory of The Creed of Islam, Reception in Complexu theory, Receptie theory and Exit theory. These theories are recorded in the history of Islamic law in the colonial period and the early days of independence. Attention to the meaning and legal basis of these theories in the development of Islamic law from time to time, these theories still exist, and can be actualized in the middle of coaching and the implementation of Islamic law in Indonesia, because it has a strong philosophical foundation and the real sociological foundation. Just depends on the willingness and ability of the people of Islam.

KONSEP QATH’I DAN ZHANNI AL-DALALAH DAN PENGARUHNYA TERHADAP PENAFSIRAN AL-QUR’AN Firdaus Firdaus
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This article describes the problem and the concept qath'i zhanni al-dalalah and its influence on the interpretation of the Qur'an. From the results obtained literatus assessment some understanding that the Qur'an as the word of Allah, there is no difference of opinion among Muslims regarding the truth of the source, ie from Allah. Muslims also have the same belief that the editorial verses of the Qur'an were collected in the manuscripts is the same without the slightest difference to that received by the Prophet Muhammad. Of Allah. through the Angel Gabriel. Layout differences among Muslims is in terms of editorial content of the meaning of the verses of the Qur'an. Usul Fiqh Scholars divide the texts of the Qur'an to the two components, namely qath'i and zhanni al-dalalah. Qath'i al-dalalah is clear and certain passages that have only one meaning, and not open to other meanings. While al-dalalah zhanni is the opposite of qath'i al-dalalah, he was open to interpretation. Another interpretation by scholars, he did not make the classification of passages of the Qur'an, that there is no one zhanni qath'i and al-dalalah, because he thinks in that way it was meant to limit the meaning, and interpretation al-Qur 'an. In the Qur'an it is able to contain a lot of interpretation. With the concept of al-dalalah qath'i by scholars Usul Fiqh course is unfavorable interpretations among scholars, because the concept was meant to limit the meaning efforts, interpretation of the texts of the Qur'an itself. But the concept of al-dalalah zhanni by Ulama Usul Fiqh, wide open opportunities to interpret, interpret the texts of the Qur'an was, in a sense have a major impact and positive influence on the birth of the commentators and the mujtahid.

HUKUM ISLAM DAN MULTIKULTURALIS- PLURALITAS DI INDONESIA Hannani Hannani
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Culture is a whole system of ideas, actions and products of human endeavor to fulfill their lives by learning, all of which are arrayed in people's lives. Pluralism is understood that a plurality of saw it as a reality that is positive and as a necessity for salvation of mankind. Multiculturalism is a recognition that some of the different cultures can exist in the same environment and benefit from each other. Or the recognition and promotion of cultural pluralism. Since the early development of Islam as a conception of reality has accepted socio-cultural accommodation. This accommodation is increasingly seen as an Islamic region evolved such that it became a worldwide religion. In certain cases, accommodation is created in such a way, giving rise to "a variant of Islam". Pluralistic society (plural) where people from various ethnic backgrounds, tribes, nations and religions come together and live together will pose its own challenges that need to be answered by the urban community by developing properties that match the circumstances. The properties that match the state of society is this city is a multicultural civil society - and of course involve certain attitudes are becoming multicultural society demands. These gestures include, among others, inclusivism, humanism/egalitarianism, tolerance, and democracy.

KORELASI ANTARA FENOMENA SOSIAL DAN FIQH DALAM SISTEM HUKUM POSITIF Agus Muhsin
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Efforts ijtihad actually introduced since the early days of its formation by the Prophet. This step is a friend and inspiration to the next generation to continue to innovate in the field of Islamic jurisprudence. Current social reality, Muslims are faced with a variety of challenges and new problems that require dynamic ijtihad in addressing the social aspects of the Muslim community , as a result of the advancement of science and technology , in order to remain able to meet the challenges of the times that keep rolling with problem - probloma that impose legal settlement . But even so, there also tends to flow more closed to the possibility of the amendments made in the law of Islam, though with through ijtihad. For these circles, understand that all the provisions in Islam, everything is completely presented in the Qur'an qath'iy. Islamic law as a social engginering (social engineering), is a dynamic and creative force in anticipation of any changes and new issues. It can be seen from the emergence of a number of schools syste which has its own style according to sisio-cultural background and political schools of thought in which it is growing and evolving. This phenomenon drove to the system of Islamic law codified law in some Islamic State. Such as found in the familial and social issues (civil). Another aspect of Islamic jurisprudence is still controversial criminal matters (jinayah), recently became a lively issue discussed and fought for codified into the legal system.

KONTRIBUSI SYALTUT DALAM REFORMASI HUKUM ISLAM Ahmad Badwi
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Thoughts Syaltut a role model for most of the Egyptian Muslims and even other Muslims in Islamic countries through their readings of the books he wrote. Syaltut considered a mujtahid are popular, because of his ideas and his thoughts can be accepted by the majority of Muslims, especially once the scientists of the Islamic countries. His books are reviewed and scrutinized by people outside of Egypt. Syaltut their thoughts and discuss their learning and many of them are making figure Syaltut and pernikiran - thinking as a comparative study and a lot of students who earn a master's degree , even a doctorate to discuss and examine the books and thoughts . Not only the Egyptians who provide feedback and appreciation for their thoughts and ideas , and even the international community recognizes its scientific capabilities , such as when he describes the legal position at the Congress of International Law in The Hague (the Netherlands), his views accepted and welcomed the experts and academics

BURSA EFEK DALAM EKONOMI ISLAM H Syahrul
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

In the discussion of Islamic thought to reconstruct the conventional financial instruments that are not allowed by Sharai , and circulated in the capital markets , then submit proposals for the Muslim jurist and scientists on the alternative financial instruments in accordance with the new Islamic fiqh . The discussion outlined as follows: 1) The transfer of activities that firms issuing common stock and indulge in the forbidden activity toward longer lawful good , 2) Elimination of the terms relating to the preferred shares as collateral for the return of property and collateral for part of particular benefit to conform with the provisions of law , 3 ) Elimination of bonds that have a fixed interest rate and certain investments and turn them into securities that participate in the profits and losses without any guarantee on its back above the price or profit , 4) the jurist and Muslim scientists have ijtihad in Islamic economics in creating some new securities in accordance with the provisions of Mam . Among them are: Bond mudarabah letter al-muthlaqah al-Islamiya, al-mudaraba Letters Muqayyadah bi masyru ' mu'ayyan , Surat al - mudaraba Muqayyadah bi blunt mu'ayyan , Obiigasi mudaraba which can be converted into shares , Letter of special financing , special investment letter , letters of different deliberation , investment bonds Island.

ASPEK SOSIO-KULTURAL DALAM KITAB-KITAB FIKIH Rahman Ambo
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This article outlines the aspects of socio-culturan problems in the books fikhi. From the discussion, it is understood that the concept of Islamic law reform must be based on the spirit to ground within the framework of the implementation of Islamic law through legislation and regulation. Therefore, the use of the methodology and multidisciplinary approach in establishing a very urgent law to be held. With the elaboration of classical methodologies and modern scientific approach will produce an objective study of jurisprudence, humane, and progressive. Due to advances in science and technological and globalization that swept the world today implicates the changes in social life. Changes that occur in a variety of fields, so it is certain that the social conditions also change with the level of thought patterns that develop. Law so that it can be because it is influenced by, the influence of foreign cultures, saturation of the system is established, and the level of belief against the law increasingly. There are many factors that affect birth of fiqh. The aspects that are directly related to the life of the clergy, so that it has relevance in shaping their thinking horizons. Aspects that include; a ) Political Aspects, b ) Cultural Aspects , 3 ) Social Aspects of social

PEMIKIRAN IMAM SYAFI’I TENTANG KEDUDUKAN MASLAHAH MURSALAH SEBAGAI SUMBER HUKUM Aris Aris
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 1 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This paper studies regarding one aspect of the discussion about the science of motion fikhi beneficiaries mursalah position as a source of law in the view of Imam Shafi'i. The issue is how thinking about the position of Imam Shafi'i maslahah mursalah as a source of law. In the discussion of its principles Fiqhi, one of the sources of law that is often disputed among scholars of usul use is maslahah mursalah. Imam Shafi'i firmly rejected mursalah maslahah use as a source of law to argue that Islamic law has come with all the laws that realize the benefit of all human beings, either through the Koran and Hadith or qiyas manner to the existing case law.

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Home Page

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Contact Name M. Ali Rusdi

Contact Email malirusdi@iainpare.ac.id

Phone +6285257099481

Journal Mail Official diktum@iainpare.ac.id

Editorial Address Jl. Amal Bakti 08 Soreang Parepare IAIN Parepare 91132, Kota Parepare Sulawesi Selatan Indonesia

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Abstract

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Abstract

Contact Name
M. Ali Rusdi

Contact Email
malirusdi@iainpare.ac.id

Phone
+6285257099481

Journal Mail Official
diktum@iainpare.ac.id

Editorial Address
Jl. Amal Bakti 08 Soreang Parepare IAIN Parepare 91132, Kota Parepare Sulawesi Selatan Indonesia

Location
Kota pare pare,

Sulawesi selatan

INDONESIA