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"Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum"
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<![CDATA[MELACAK PEMIKIRAN PEMBARUAN HUKUM ISLAM DI INDONESIA ]]>
<![CDATA[Budiarti A. Rahman]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.188
<![CDATA[Efforts to reform Islamic law, among others, characterized by attempts a review of materials jurisprudence based on the reinterpretation of the texts. This is done because the interpretation of the results given earlier scholars are very thick with the conditions of his time which is certainly different from the situation today. So, the update is needed for the actualization of Islamic teachings relating to the rule of law as contained in the texts. In this case, does not mean changing or leaving the texts of the Qur'an or hadith of the Prophet, but just update the interpretation of the texts to fit with the times. This study is intended to explore some of the basics of thought leaders who are giving birth to a step-by-step reform of Islamic law in Indonesia. Through the identification and exploration of the reformers thought leaders can be affirmed that in some aspects of Islamic law is needed contextualization or development taking into account the social conditions and the times in order to continue dialectic with people's lives and the growing age.]]>
<![CDATA[REVOLUSI ILMU PENGETAHUAN DAN RELEVANSINYA TERHADAP PEMBAHARUAN HUKUM ISLAM ]]>
<![CDATA[Mustaring Mustaring]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.189
<![CDATA[The development of Thomas Kuhn's epistemology has brought certain changes in human civilization and a major influence on thinkers of Islam. Kuhn has interesting fact that the philosophers of science generally ignores the basic hermeneutic issues such as the question of what is actually done by a scientist. According to Kuhn rasioanalitas ambiguous scientific fact that basically is not merely a matter of induction or deduction or rasioanalitas also objective, but rather on matters of interpretation (hermeneutical) and persuasion which tends to be more subjective. Methods renewal of Islamic law and family law in contemporary Islamic thought though shades of change is quite pronounced but reform law paradigm of classical legal methodology to a new methodology be applied is still rare. Because according to legal experts who are still using the classic paradigm of new methods offered does not offer a complete solution in addition to the still strong around the confines of dogmatic result of this apathy is getting stronger, and most of the Islamic State and non- state wear Islamic law and Islamic law most families in particular are still patterned utilitarianistik. But stretching renewal undertaken by thinkers over a bit much to excite a new study in the field of family law in particular and Islamic thought in general and also become a point of departure expectations change when Muslims slumped amid the swift currents of change .]]>
<![CDATA[MAQASID SYARI’AH DAN PENGEMBANGAN HUKUM (Analisis Terhadap Beberapa Dalil Hukum) ]]>
<![CDATA[Aris Rauf]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.190
<![CDATA[This paper studies regarding one aspect of the discussion about the science of usul Fiqhi Maqasid Shariah law and development. The issue is how maqasid role in the development of Shariah law. In the discussion of its principles Fiqhi, one method of extracting law is Shariah maqasid approach. Through Shariah maqasid verses and hadiths law quantitatively very limited amount can be developed to address the problems that arise. Legal development is done by using the method of determination of the law such as qiyas, maslahah mursalah and istihsan. Methods of determination is through maqasid Shariah law.]]>
<![CDATA[KORELASI MAQẢSHID AL-SYARỊ’AH DENGAN METODE PENETAPAN HUKUM ]]>
<![CDATA[Achmad Musyahid Idrus]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.193
<![CDATA[Maqashid al-Syariah is known as a method of Islamic law philosophy. It put a reason to explore the inner meaning of the text by connecting reality that appeared arround it. Meanwhile, the method of decision law is one way to find and act the law among the people. Maqashid syariah and method of decision law has corelation to fulfill the ideal meaning of law in the text and in other way, maqashid syariah purposes to realize the maslahat for peoples.]]>
<![CDATA[MASLAHAT MENURUT IMAM MALIK DAN IMAM AL-GHAZALI (STUDI PERBANDINGAN) ]]>
<![CDATA[Andi Herawati]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.194
<![CDATA[This article discusses Imam Malik’s and Imam al-Gazali’s theory of maslahat: First, both Malik and al-Gazali agreed that maslahat relevant to Islamic law. Therefore, maslahat must not contradict the primary texts (the Quran and hadith), rational and absolute, there is no primary text supports or contradicts it. Both Malik and al-Gazali agreed that maslahat only used in social aspect, not worship field. Second, Imam Malik used maslahah mursalah as a resorce of Islamic law. In contrast, al-Gazali put maslahah mursalah as method to Islamic law. Malik justified that maslahah mursalah as an independent Islamic resource, and al-Gazali justified it as a dependent lslam law resouce. Malik’s point of view is different from al-Gazali’s where Malik said that maslahah mursalah may be used both for daruriyat and hajiyat, while al-Gazali’s point of view that it is used for daruriyat or hajiyat which is the same level as daruriyat.]]>
<![CDATA[PERLINDUNGAN ANAK DI LUAR NIKAH DALAM HUKUM NEGARA DAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Parepare) ]]>
Fikri Fikri;
<![CDATA[Budiman Sulaeman]]>;
<![CDATA[Andi Bahri]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.196
<![CDATA[One of the purpose of protection and maintanance maqasid al-shariah realize lineage (descent), protection lineage based maqasid al-shariah, Allah as the legislator has prescribed any marriage law, a law that can be able to organize ang arrange an orderly nasab and surely, determination maqasid al-shariah in a marriage that is not accounted for by consideration of the principles of benefit for the registrate to uphold justice and the rule of law; the marriage is not registrated that it is too possible to registrated without the necessary repeated marriage, so that the benefits of the more dynamic registration of marriage any one be discriminated againts, so can be easily children and wife get the protection of civil rights. Marriage if it is possible to registrate, but not registrated is actually obscure the values of justice and maslahat in maqasid al-shariah. Saveral regulatory laws that exist in the Republic of Indonesia, is no exception of UU RI No. 1 Tahun 1974 concerning marriage can be applied elasticly, reflecsibly and dynamicly, rather than the reserve applied in staticly, rigidly and descructively that people are not discriminated againts in realizing values of protection, justice and rule of law; children born in marriage unattended or not registrated not seen let alone considered child out of marriage, not in the block to get its civil rights, but the goverment as a law enforcement and legislatory enforcement make registrated that marriage is not registrated.]]>
<![CDATA[IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PENCABULAN DI KOTA PAREPARE (Suatu Analisis terhadap Penerapan Undang-Undang No. 23 tahun 2002 tentang perlindungan anak) ]]>
<![CDATA[Muh. Sudirman Sesse]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.197
<![CDATA[This article outlines the implementation of the Legal Protection Against Child victims of abuse in Parepare normative juridical approach and empirical jurisdiction. Results reveal that cases of abuse against children in the City of Parepare in 2013, a decline of about 40 percent compared with the year 2012. It is seen that in 2012 there were 15 cases reported, while in 2013 there were 10 cases reported. The decline in abuse cases in the City of Parepare in 2013 due to several things, including; 1) increasing public awareness, 2) increasing awareness of religious communities, and 3) the cooperation between the security forces in the fight against social ills such as alcoholism, gambling, sexual abuse and so forth. Factors that may influence the occurrence of the crime of sexual abuse against minors in Pareare, namely: lack of education and economic factors, environmental factors or a place to stay, factors drinks (alcoholic), technological factors and factors etiologic role of victims in the domain of criminology can categorized on the theory of non-oriented social class. In addressing the crime of sexual abuse in the City of Parepare, Parepare district police have been enforcing the law properly. The fix is to patrol/regular raids and legal counseling to the community.]]>
<![CDATA[KAJIAN HUKUM ISLAM PERSPEKTIF ORIENTALISME ]]>
<![CDATA[Rahman Ambo Masse]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.198
<![CDATA[The study of Islamic law has always been an interesting discourse to be discussed. Especially when Islamic law used as feedstock national legislation. Indonesian Islamic law reformers among the developing discourse that gave birth to the two groups with the character and tendency of thought is diametrically different. The first group, discuss the application of Islamic law with legalistic -textual approach, namely that Islamic law should be applied textually and enforced for all Indonesian Muslims . Islamic law - textual legally in Indonesia can be realized if supported by political struggle. Civic groups voiced discourse, among others, is Hizbur Tahrir Indonesia (HTI), and the Islamic Defenders Front (FPI). This group tends to struggle line radical - conservative by means of dialogue and anarchism combines street parliament. The second group, using substantial - cultural approach, namely that Islamic law does not need to be formalized in the form of legislation, but the most important is the absorption of Islamic values in the socio-cultural life of Indonesian Muslims. Acculturation Islamic values, such as honesty, liberty, justice, and equality before the law needs to be actualised in the daily life of Indonesian Muslim society is far more important than the formalization of the religious teachings . This group is represented by the Liberal Islam Network.]]>
<![CDATA[PENETAPAN HUKUM BAGI PELAKU DOSA BESAR, IMAN DAN KUFUR DALAM ALIRAN TEOLOGI ]]>
<![CDATA[St. Jamilah Amin]]>
<![CDATA[ DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare ]]>
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DOI: 10.35905/diktum.v12i1.199
<![CDATA[This Article discusses how the legal determination commit major sins in the study of Islamic theology, is still said to be a believer or an infidel. The three principal problems is a major issue in this article. Even very surprisingly, the issue first appeared and debate is not a matter of theology, but political problems at the start with the death of the caliph Utsman ibn Affan to the three who were later replaced by the Caliph Ali ibn Abi Talib became Caliph to four. In the reign of Ali ibn Abi Talib these political upheavals began to appear. At the start the challenge and rebellion of the companions of the Prophet himself that Talha and Zubair with the Prophet's wife, Aisha ra., Who refused Ali as caliph, Ali ibn abi Talib but can cripple the pemberontaka. Then the uprising Mu'awiya ibn abi Sufyan ended with the Siffin war , then do tahkim (arbitration) that led to the outbreak of Muslims into three groups at the time , namely Ali ibn abi Talib group, Mu'awiyah groups and groups Khawarij. Of events tahkim (arbitration) then this is a debate about the commit major sins, faith and kufr.]]>
