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<![CDATA[Dinamika pengelolaan wakaf uang: studi sosio-legal perilaku pengelolaan wakaf uang pasca pemberlakuan UU No. 41 tahun 2004 tentang wakaf ]]>
<![CDATA[Hilmi, Hasbulah]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[The reality of the implementation of cash waqf after regulation Act No. 41 in 2004 on Waqf studied to address the problem: how cash waqf be understood accepted and implemented by the cash waqf institutions; and how cash waqf be managed by cash waqf institutions in Indonesia? The study is a socio-legal study with phenomenological qualitative research methods. This study focus on understanding the cash waqf regulation as âlaw in the bookâ and how the implementation and acceptance of cash waqf as a âlaw in the societyâ. Social and law change, and behavior and effectiveness of law theories are used as a research perspective The findings of this study are as follows. Firtsly, It is founded that understanding and acceptance levels of cash waqf regulations is various. The various is acceptance and using all of cash waqf regulation, using a part and totally avoidance and ignorant the regulation. Secondly, Cash waqf regulation delegitimize the cash waqf process has been developed by the community. It is impact to avoid or ignore the regulation by most of waqf board and foundations. Some foundations avoid the regulation and switch to the model of other charitable. The others ignore the regulation and keep up with the concept of cash waqf has been understood. The avoidance and ignorant foundations earn the trust (even likely to increase) of the people. The other side the development of cash waqf management as the regulation is less encouraging. It is show that waqf act especially on cash waqf regulation is less effective.]]>
<![CDATA[Implementasi mediasi dalam sistem peradilan agama ]]>
<![CDATA[Sururie, Ramdani Wahyu]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[This study aimed at describing the background of the birth of the policy on mediation in the Religious of Court and to understand and identify the procedures, barriers and efforts to improve religious court settlement through mediation. The method used is descriptive research method analysis of mediation theory and implementation in the religious court. The study found a number of findings that can give significance to the development of science in the field of procedural law of religious courts, which ishlah theory that can be used as a grand theory to study dispute resolution and mediation triangle theory that can be used as an operational theory (applied theory) in seeing the success of mediation in the judiciary. As for the successful implementation of the policy of mediation can be done with a number of strategies.]]>
<![CDATA[Tinjauan akad murabahah li al-amr bi ashira ]]>
<![CDATA[Hosen, Muhammad Nadratuzzaman]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[This article aim to examine the term of mura>bah}a li al-a>mr bi ashira> (MLAB) is not widely known by practitioners and observers of Islamic economics. MLAB is a term of contemporary fikih that is different from classical mura>bah}a, the difference is not located at the level of the concept, but lies in the procedures performed. The most fundamental difference between mura>bah}a and MLAB is located on the parties to a contract; in MLAB parties directly involved are the sellers, banks and customers as a buyer, while the mura>bah}a parties involved only the seller and buyer. In addition, there is necessity in carrying out the promise of MLAB (waâad al-mulzim) the sale and purchase of a promise by the bank and the customer. The method of this article is to review the opinion of Islamic scholars in many books and articles, meanwhile the aim of this article is to explain the controversial behind of two contracts such as mura>bah}a, and mura>bah}a li al-a>mr bi ashira>>> in the implementation of Islamic Finance and Islamic Banks.]]>
<![CDATA[Tinjauan fikih dan astronomis penyatuan matlaâ: menelusuri pemikiran M.S. Odeh tentang ragam penyatuan matlaâ ]]>
<![CDATA[Nashiruddin, Muh]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[The basis of calendar unification or matla constitutes one of the most significant issues relating to the unification effort of Hijra calendar. The popular basis of unification, so far, is based on the union of regional and global matlaâ. The division of matlaâ to regional and global mat}laâ is now no longer accurate because it can not accommodate the Hijra calendar pooling ideas in the Islamic world. This paper discusses one of the leading International astronomy thought, Mohammad Shawkat Odeh on varieties of mat}laâ unification. He divided the principle of matla unification in to five forms: unification of global mat}laâ (one matlaâ for the whole world); the unity of matlaâ in the regions corresponding visibility of hilal; the unity of mat}laâ in a similar area of visibility of hilal; the unity of zonal/partial matlaâ; and the unity of local matlaâ. Odehâs thought on the various divisions of matla constitutes new thinking on the concept mat}laâ astronomical calculations. He also has presented more detailed thoughts on the division of mat}laâ rather than the others.]]>
<![CDATA[Menggugah peran hukum humaniter internasional Islam dalam mengurai konflik etnis perspektif sejarah ]]>
<![CDATA[Rosyid, Moh]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[The defamation of minority ethnics and groups by the authority and the majority has been exposed by the media throughout history. This condition is contrary to the Islamic concept of rahmatan lilâalamin. The concept will not be materialized if the expert of humanitarian law does not involve in the formulation of Islamic humanitarian law. This topic is proposed by the author to persuade the expert of Islamic law to be more active in exploring the concept of prosperous life according to Islam. The author does not explore the topic from legal point of view but rather from historical point of view that crime and genocide has colored global life. If this condition is not addressed immediately and appropriately, we should concern that misguidance will be always characterized our life. Persuading humanitarian law expert is a scientist contribution to create a prosperous life and prevent a conflict. International humanitarian law is a part of international law consisting of diplomatic law, maritime law, law of international treaty, and space law. Due to its significance, it necessitates Islam to coloring humanitarian law. Islam may contribute to humanitarian law through the expert of Islamic law. Islam may be used as a frame of humanitarian law because it establishes a world full of compassion without any form of discrimination.]]>
<![CDATA[Paradoks universalitas HAM Barat di muka cermin Islam perspektif filsafat hukum dan HAM ]]>
<![CDATA[Abror, Robby Habiba]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[this paper aims at examining the paradox of universality of human rights and trying to bring Western concepts of universality in the context of Islam. Human rights birth of natural philosophy which starts from Newtonian physics, then processed in the philosophy of Locke and Rousseau. So the human rights birth is indeed an effort to combat all forms of oppression by men over other men. Human rights is a concept that start with the state of human nature and hence it is universal. The state of nature in Western philosophy that was later named to the nature of Islam. Violation of human rights is a denial of the concept of universality, so that the West and Islam are required to align rational understanding and cultural particularity of the importance of human rights in the name of justice and humanity. This paper uses philosophy of law and human rights perspective as a method based on the thinking of Western philosophers and to compare with Muslim intellectuals such as Al-Jabiri, Hassan Hanafi and Maududi who had been instrumental in laying a rational approach to human rights in the Islamic theoretical framework. This paper produces an important finding that the concepts of human rights raised by Western philosophers actually been explained clearly in the Quran and hadith, so the universality of Western human rights is no longer a problem for, and can do with scientific interconnectivity, (particularity law) Islam.]]>
<![CDATA[Tipologi intelektual Muslim dalam bidang kajian fikih: studi terhadap karya-karya fikih dosen STAIN Bengkulu ]]>
<![CDATA[M, Sirajuddin]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[This study aims to examine the scientific trend of approach and theme of lecturerâs works of STAIN Bengkulu in the field of Islamic law (fiqh) and the scientific position of lecturerâs works of STAIN Bengkulu as Muslim intellectuals. This article is using two approaches, namely the conceptual approach and historical approaches, whereas measures of research was conducted by reviewing documentation as primer data and interviewing as sekunder data. The results showed that the scientific trend of approach and theme of lecturerâs works of STAIN Bengkulu was consists of three kinds: First, the normative trend of scientific approach and theme in Islamic law. This trend was categorized as âexclusive Muslim intellectualismâ. Second, this trend began to expand the discourse of study on fikih, but it was not to integrate with Western scientific approach. This trend was categorized as âinclusive Muslim intellectualismâ. Third, this study was more empirical and historical-sociological approach and theme in Islamic law (fikih) so that the discourse was more be able to answer the situation and condition of the people. This trend was categorized as âpluralist Muslim intellectualismâ.]]>
<![CDATA[Memecahkan kebuntuan teoretik hubungan Islam dan politik ]]>
<![CDATA[Baidhawy, Zakiyuddin]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Judul asli : Islam, Secularism and Liberal Democracy: Toward a Democratic Theory for Muslims Judul terjemah:Islam, Sekularisme, dan Demokrasi Liberal: menuju Teori Demokrasi dalam Masyarakat Muslim Penulis Penerjemah Penerbit Tahun terbit Halaman Pendahuluan : : : : : Nader Hashemi Aan Rukmana dan Shofwan Al Banna Choiruzzad Gramedia Pustaka Utama 2011 xxii + 323]]>
