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INDONESIA
Ahkam: Jurnal Ilmu Syariah
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 14124734     EISSN : 24078646     DOI : 10.15408
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus and Scope FOCUS This journal focused on Islamic Studies and present developments through the publication of articles and research reports. SCOPE Ahkam specializes on islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. Fatwa; Islamic Economic Law; Islamic Family Law; Islamic Legal Administration; Islamic Jurisprudence; Islamic Law and Politics; Islamic Legal and Judicial Education; Comparative Islamic Law; Islamic Law and Gender; Islamic Law and Contemporary Issues; Islamic Law and Society; Islamic Criminal Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 18, No 2 (2018)" : 12 Documents clear
The Positivisation of National Sharia Board Fatwa About Mudaraba Into Financial Service Authority Regulation Nur Hasanah
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.9859

Abstract

The positivisation of National Sharia Board (DSN) fatwa about mudaraba into Financial Service Authority (OJK) regulation is an effort which conducted by OJK in running it’s regulating such as arranged in the Law Number 21 of 2011 regarding OJK. With this positivisation, DSN fatwa has legal and binding power because getting inside regulation such as arranged in the Law Number 12 of 2011 regarding the Establishment of Legislation (P3). However, there are gap and the difference content between the provisions in DSN fatwa above with OJK regulation by dint of positivisation pattern. Moreover, although there is DSN fatwa content which has not been asorbed in to OJK regulation, but it still has legal and binding power in shari’a financial industry in case reviewed from the perspective of H.L.A Hart’s legal theory.
Linguistic Review on Marriage Age Regulation Nuryani Nuryani; M Musyafa
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.10591

Abstract

Tis study fnds that the Indonesian Marriage Law, especially inthe section about the age of marriage, still contains the ambiguity in termsof the language. Tis leads to the gaps in the law that can potentially lead tothe violation of the law. It is stated in the Compilation of Islamic Law thatthe couple who have not reached the age of twenty should obtain a consentfrom both parents to marry. Based on this stipulation, every couple, whoare underage, can marry as long as they obtain their parent’s consent. Tispractice is not considered a violation of the law; the involving parties cannotbe penalized. Te article argues that there is a need to review the law to preventthe practice of underage marriage
Circumcision Law in Christianity and Islam M Ikhsan Tanggok
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.9562

Abstract

For Muslims around the world, circumcision a common tradition that has been passed down from generation to generation. If their child is not circumcised, Muslim parents feel guilty for not fulfilling their religious duties. The Muslim practice of circumcision follows the tradition of the Prophet Abraham, not the prophet Muhammad. Unlike the Quran, the performance of circumcision is instructed by the Bible, but there are both some Christians who do it and some who do not. They disagree about the law surrounding circumcision described in the Bible. The messengers mentioned in the Bible also have different views about it, some believing it is mandatory and others not. For this reason, some Christians perform circumcision because of their awareness of its connection to bodily health and others to obey the teachings of Jesus; meanwhile, some do not carry out the messengers' orders because of their different interpretations of them.
The competence of Religious Court in Indonesia and Syahadah Istifadhah (Testimonium De auditu) in Case of Itsbat Waqf Rifqi Qowiyul Iman
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.9864

Abstract

This paper examines how exactly the absolute competence of the Religious Courts and the application of syahadah istifadhah (testimonium de auditu) in the case of waqf determination submitted to the Religious Court as a judicial institution under the Supreme Court of the Republic of Indonesia. In the discussion, it is explained how the competence of the Religious Court especially in the case of waqf determination as arranged in Law No. 3 Year 2006 About Religious Courts combined with Law Number 41 Year 2004 About Waqf. In addition, this paper also compares between the concept of syahadah istifadhah and testimonium de auditu also its legal force in the case of verification at the court especially in the case of waqf determination. This paper concludes that the assignment of Waqf is the absolute authority of the Religious Courts. In addition, according to Islamic jursiprudence syahadah istifadhah can be used as a means of proof in waqf determination.
Toward Zakat Management Integration in Indonesia: Problems and Solution Arif Hidayatullah; Anita Priantina
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.6319

Abstract

The functions of zakat collection and distribution are carried out by both government and private institutions in Indonesia. As those institutions work without coordination, zakat integration become the main issue. This condition resulted in a zakat distribution gap. The center of economy such as Java may have significant zakat collection and zakat distribution , while remote area with limited resources and worse economic level may face both low zakat collection and zakat distribution. The enactment of Law No. 23 of 2011 concerning the Zakat Management brings hope for integration between government and private zakat operators. This study aims to find out the problems in implementing the Zakat Law, provide solutions and strategies to optimize the effort towards integrated zakat management. The method used in this research is the Analytic Network Process (ANP). The results indicate that there are two clusters of problems; internal and external. Internal issues sorted by priority order are: lack of human resources performance, lack of coordinator capacity, the different level of understanding, and lack of commitment of the zakat operators. External issues sorted by priority order are: lack of information technology development, lack of zakat management standard, lack of information dissemination, and lack of technical regulation. The solutions proposed to solve internal problems according to priority ranking are: coordinator capacity building, internal education on zakat integration, human resource monitoring and evaluation, and zakat operators’ commitment building.  Finally, according to the respondents, the solution proposed based on priority ranking are: zakat management SOP setting, zakat law information dissemination, IT system building, and zakat technical regulation.
Arrangement Investment-Based Insurance with Sharia Principles Post Enactment Law of Number 40 Year 2014 Concerning Insurance Wetria Fauzi
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.6852

Abstract

Indonesia's legal system comes from civil law brought by the Dutch royal government to Indonesia during the colonial period. Civil law can be traced its roots to French civil law to Roman law. Insurance is equated with gambling The concept of insurance in insurance legislation states that insurance is a risk transfer institution. Despite the Law No. 40 of 2014 on Insurance, the law is still conceptualize insurance as an institution of protection. This new insurance law is a dual insurance system, which regulates conventional and sharia insurance systems. It needs to be initiated The Formation of Special Law regulates sharia insurance in Indonesia, because conventional and sharia are two very different things in principle. 
Implications of Hazairin and Munawir Sjadzali Thoughts In Establishment of Islamic Inheritance In Indonesia Sugiri Permana
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.9866

Abstract

Inheritance law is one of islamic law that always dinamically follow the time. The history showed when abu bakr period, two years after the death of prophet, has renewed inheritance law. Indonesias became an important part of inheritace law. This development isnt regardless from the thinker and scholar in indonesia. Among scholar who have a great influence on inheritance law in indonesia are hazarin and munawir sjadzali. both of figures are famous for their controversy. Hazarin famous for the thought the equality of between grandchildren male and female. while sjadzali famous her thought the equality between man and women. hazarin tend to think that is still near to the nash alquran, while munawir to deviates from nash provisions. In its development, the development of hazarin was adopted by inherentance law in Indonesia. the compilation of islam law has decided the existence of substitute heird in which one of them comes from the thought on Hazarin who positioned equally between granddaughter and grandson.
Configuration of Costomary Law Related to Economy (Economic Adat Law Study in North Sumatera, Indonesia) Kamarusdiana Kamarusdiana; Mustapa Khamal Rokan
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.8889

Abstract

Tis paper wants to see the confguration of various forms ofcustomary law relating to the economy as a living law in society. Tis paperis based on research using qualitative methods with a historical approach.Te data was obtained from the feld and the interview which was thenprocessed analytically descriptive. Te results of this study obtained four (4)confgurations of customary law relating to the economy with the form, frst,the customary law of economic confguration of philanthropy in order touphold the teachings of religion (Islam) and habits found in society. Secondly,the confguration of semi-economic customary law in which businesses(capital owners) conduct business are accompanied to assist the farmers.Tird, the confguration of pure economic customary law in doing business.Fourth, the confguration of economic customary law in protecting nature.Tis research also strengthens socio-economic assumptions and impacts onthe social dimension in economic law.
Fikih Melayu Nusantara masa Kesultanan Palembang Darussalam Muhammad Adil
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.9649

Abstract

Penelitian ini mengungkap tentang fikih terpadu yang ditulis oleh ulama Palembang Darussalam memiliki kontribusi yang sangat besar dalam membentuk keperibadian masyarakat Palembang yang terbuka, humanis, dan dinamis. Karya-karya bidang fikih dapat menjadi bukti bahwa pertemuan ilmu-ilmu keislaman dalam satu naskah telah ikut andil dalam warna aturan hukum yang pernah terjadi di Palembang yaitu di pusat kota berlaku hukum Islam fikih mazhab Syafii, sedangkan di luar kota Palembang atau wilayah uluan berlaku undang-undang simbur cahaya yang sangat lam bertahan dan berlaku pada masa kesultanan Palembang.  
Nyabek Toloh; Traditional Bid in Madura Culture a review of Sociology of Islamic Law) Yayan Sopyan; Muhammad Shofwan Nidzami
AHKAM : Jurnal Ilmu Syariah Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i2.9015

Abstract

Indonesia is a country built on the pillars of diversity, in terms of ethnicity, culture, custom, and religion. Indonesian society is also known as a religious society, with religious values in various aspects of life. However, Indonesia is not a religious country, nor a secular country. If for Indonesians, religion is not their main purpose, then, it is a part of their life.There has been a smooth cohesion between religion and tradition in Indonesia. One of the examples is the tradition of Nyabek Toloh in Madura, which is a marriage proposal tradition. This paper examines the practice of nyabek toloh in Romben Guna village, Dungkek Region, Sumenep-Madura. The purposes of nyabek toloh are to symbolize the establishment of a relationship between the family of a male and female fiancé; to show the responsibility of a man to a woman by giving toloh; to maintain man’s dignity, and to maintain the tradition of sangkolan (elders). Conducting nyabek toloh is a must in abhakalan (marriage proposal); the absence of nyabek toloh will lead to the cancellation of abhakalan.

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