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Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
ISSN : 25976168     EISSN : 26976176     DOI : -
Ulul Albab is journal of Islamic Law Studies published by the Departement of Syariah, Faculty of Islamic Studies, Sultan Agung Islamic University, Semarang, Indonesia. It is a semi annual journal published in April and October for the developing the scientific ethos. Editor accept scientific articles and result of research in accordance with its nature is a journal of Islamic Law Studies.
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Articles 6 Documents
Search results for , issue "Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018" : 6 Documents clear
Hermeneutika Emillio Betti dan Aplikasinya dalam Menafsirkan Sistem Kewarisan 2:1 pada Surat an-Nisa Ayat 11 Labib Fahmi
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.3120

Abstract

One characteristic of the inheritance system in Islamic law that distinguishes it from other inheritance systems is that there are differences in division between the male and female parts, as stated in the Koran in Surat an-nisa verse 11, namely the male part is equal to two part of women, this rule seems to have been standardized in the study of various fiqh in various schools of thought that are mu'tabaroh. Even the system has been standardized and recognized legally in the Religious Courts throughout Indonesia through the legalization of the Compilation of Islamic Law in Indonesia which is required to be used throughout the Religious Courts in the country. Not only legal and recognized in the Religious Courts, but also several cases of dispute resolution outside the court also hold fast to the text of the verse 11 paragraph in resolving inheritance disputes committed by several legal experts’/community leaders outside the court. This paper shows a interpretation from the another perspective with hermeneutic of Emmilio Betti. She was a philosopher, theologian and legal expert from Italy, a figure of hermeneutics apad 19 who adheres to the principle of verstehen as a form of understanding that can be traced and justified methodologically that is objective interpretation that can be used as the basis of science, for Betti, meaning should be derived from the text and not included in the text. Using Hermeneutics Betti in interpreting this verse will produce a verstehen, that the meaning of verse 11 of the epistle must also be related to the cause of revelation in solving this inheritance problem comprehensively and objectively, regardless of this verse can be used as a textual context or the context of the verse want a settlement of inheritance according to revelation, and the Prophet has proven that the verse can fulfill the justice of the friends who ask about the distribution of inheritance among friends.
Model Pengelolaan Tanah Wakaf di Kota Semarang Yasin Arief S.; Tali Tulab
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.3570

Abstract

Waqf in Indonesia is one of the Islamic institutions related to the welfare of the ummah and has long been institutionalized. The problems arising from some of the wakaf practices in the community are not only about the implementation of wakaf, but also in the management of wakaf land in accordance with the principles of sharia. The implementation of wakaf in Semarang City is similar to the management in other areas. Wakaf trends in the community are still around mosques, schools and tombs as objects of waqf. The results of research indicate that the practice of waqf in KUA is still waqf about the land. data in the field indicates, that allotment of musholla as much as 49%. While the mosque as much as 27%. Schools and pesantren are 13% and 3%. Tombs of 3% and other social institutions as much as 5%. As for the condition of wakaf land, as many as 79% of existing wakaf land has been certified. Meanwhile, 21% is only limited to the deed of pledge of waqf.Keyword: Model, Management, Waqf, Semarang
Progressivity of Judges in Domestic Violence Disputes Settlement in The Case of Divorce in The Religious Court Nita Triana
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.3543

Abstract

This study aims to describe and analyze the Judge Progressiveness in the case of a  divorce  related  to domestic violence. The principle of law governing civil judges is passive, in reality this principle creates difficulties for women (wives) victims of domestic violence to achieve justice. The research method used is  non-doctrinal tradition with a socio-legal approach, and qualitative descriptive analysis. The results of the study illustrate. Religious Courts Judges as one of the law enforcers are very potential to seek justice for victims of domestic violence, the majority of whom are women, because many cases of domestic violence ended in divorce cases in the Religious Courts. But the consideration of the religious Court Judge in deciding the case of a divorce petition  is not yet progressive, the Judge still adheres to the principle of law, that the Civil Judge is passive. So that when the Plaintiff (Wife) does not demand income and compensation from her husband. The Plaintiff (Wife) as a victim of domestic violence will not get a living idah, mut'ah, maskan, kiswah and any compensation from the Defendant (Husband). Religious Court Judges have not yet explored other relevant legislation, including progressive religious texts that favor women as victims of domestic violence to strengthen the building of their arguments. Whereas in the case of divorce by talak, the Judge views the law in book in his legal considerations  by giving protection to the wife, namely by giving the wife the right to earn a living Idah, Mutah (a living for one year to entertain the wife divorced by her husband), maskan and kiswah, according with what is stipulated in the Marriage Law and the Compilation of Islamic Law. The paradigm of the operation of the Judge in a country with a pluralistic culture such as Indonesia, it's time to change to a more progressive direction, Judge is no longer limited to the existence of a mouth that sounds the sentence of the law ( le judge est uniquenment la bouche qui pronance le most de lois) Judge also not tools designed to be logical and work mechanically, but whole people who have sensitivity to humanitarian and social concerns. Progressive judges learn and are good at making interpretations that are not literal (connotative), and have a high sense of empathy to be able to catch social norms that contextually support each prescription of the Act. The holistic understanding of the judges has the potential to provide justice for women victims of domestic violence.
Problematika Hukum dan Ideologi Islam Radikal [Studi Bom Bunuh Diri Surabaya] Abd. Halim; Abdul Mujib Adnan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.3572

Abstract

Radicalism in Islam is part of a socio-religious phenomenon that cannot be separated from many aspects. Besides economic and political interests, Radicalism in Islam can also be seen from the legal and ideological aspects. The law forms ideology, and the culmination of it is extremist action, including terrorism. Suicide bombings in Surabaya (2018) are part of the chain of  extremist action and terrorism. Understanding bombing cases like in Surabaya, is not enough to be seen from the outward aspects only but also the basic foundation for forming the awareness of the perpetrators. This paper uses the theory of social action from Pierre F. Bourdieu, to read how values are internalized into oneself and then externalized into suicides, as well as to map the domains and capital owned. This socio-political research proves that acts of terror, including suicide bombings, are actualizations of complex ideological symbolism. Therefore, terrorism is part of space competition, both the space for religious interpretation, the physical space for action, and the human space for image and evaluation. The justification of terrorism is supported by a set of legal and theological arguments, as well as terrorism action also have legal and theological tools
تولية الكافر على المسلم في ولاية الحكم عند ابن تيمية Ahmad Muqorobin; Ahmad Rayhan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.2949

Abstract

Leader is a very urgent figure in our daily life. In this case a lot of questions about the ideal leader figure who is able to lead this country. The reality is very difficult to find the ideal leader figure, until finally many discourses that say that the leader is not important Muslims or infidels. The most important factor is that he should be able to lead his community fairly. Religious issues are not considered because religion and the state are different things. This led to differences of opinion among 'ulama-'ulama Islam . This research focus to know the opinion of Ibn Taymiyyah related to problems of leadership infidels against Muslims in the government. Research this using type of literature research with normative approach for more in-depth discussion and can achieve the purpose of the background of the problem . In collecting these data the author use the method of documentation to collect the works of Ibn Taimiyah . Furthermore , the author uses the method of deduction to explain the biography of Ibn Taymiyah and the general view of kafir leadership. From sight general the researchers take the essence of the kafir's leadership over a Muslim and a natural government . In order for the analysis to be accomplished more deeply, the author develops his analysis by using descriptive analysis techniques. The result of this discussion concludes that Ibn Taymiyyah forbade kafir leaders to lead a majority Muslim government , and the words of Ibn Taymiyya who said that 'justice is the absolute prerequisite of a leader, and Allah helps a state that is' just though infidels', due to the time of Ibn Taymiyah there are so many Muslim leaders who do not apply 'justly, so this can only apply in that time and circumstance. The kafir leader can not lead justly because a kafir has not been able to deal justly with himself by not believing in Allah SWT.
Sundial Horizontal dalam Penentuan Penanggalan Jawa Pranata Mangsa Muhammad Himmatur Riza
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.3016

Abstract

Sundial as a historic astronomical instrument that can be used in solving several basic astronomical problems. The "Pranata Mangsa" Javanese calendar which the determination is based on the position of the sun becomes a reliable thing to be calculated. There has been an existing method that some farmers use their feet soles to determine the first "mangsa" in "pranata mangsa" Javanese calendar. According to the author, this method doesn't produce an accurate result. Regarding to the ineffective "pranata mangsa" javanese calendar determination, sundial can be used to solve the problems of "pranata mangsa" Javanese calendar determination. A qualitative research is used in this paper with descriptive-analytic approach which aims to know the in-depth description that illustrate the concept of astronomy of the "horizontal sundial" and analyze the mathematical concept of the position of the sun and others data that are required in the determination of the "pranata mangsa" Javanese calendar. This research uses data collecting techniques through field research which is considering the horizontal sundial as a primary data and the participant observation for the observation method and experiment for finding some important data. The secondary data of the research comes from some literatures and documents in a form of books, articles and papers which is related to the research object. The finding of this research is the determination of the "pranata mangsa" javanese calendar using "horizontal sundial" method uses feet soles of a person which is reliable to get an accurate result. This is purely coming from the way how some Javanese people determine the "pranata mangsa" Javanese calendar directly in field.

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