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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
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Articles 5 Documents
Search results for , issue "Vol 10, No 2 (2010)" : 5 Documents clear
Globalisasi dan krisis ekologi: upaya konservasi dalam perspektif fikih lingkungan Mudhofir Abdullah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 2 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i2.157-173

Abstract

Environmental crisis has been recognized as a global phenomenon and has come at a level that veryendangers human life on earth. Environmental crisis is not a matter of a nation, race, religion, or group.It has been a common problem and requires global cooperation to overcome barriers regardless ofreligion and race. Within this framework, every religion and traditions required to contribute in jointactions to overcome the environmental crisis. This is so, because the efforts of political and secular laware considered no longer sufficient to resolve the tragedies of today’s ecological problem on earth.Therefore, this paper will explore the perspective of Environmental Fikih in the context of a globalmovement in overcome the environmental crisis.
Demokrasi dalam pluralitas: refleksi hegemoni barat-Islam Muh. Zuhri
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 2 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i2.175-193

Abstract

In pluralistic society, democracy has become the best solution for respecting human rights dan giving thefreedom of expression. Normatively, democracy could solve any social-political issues through majorityvoices. Even though, Islam has not mention the term of democracy, its basic tenets teaches thathumankind is equal before God; and it teaches that the nobility of humankind depends on  theirproximity and nearness to God. Islam explicitly forbids the believe in that one nation to claim theirsuperiority than the others. In Islam, syura has the significant role of solving any kinds of problem inliving together.  Thus, democracy in principle did not transgress the Islamic teaching on humanism. Onthe contrary, sectarianism has created negative sentiment and conflict between East and West whichapparently represented by United States and Middle East. Through their sophisticated camouflage theUnited States has accused almost Islamic countries   as the hotspot of terrorism, even thought theirindictment has been factually wrong and misguided.
Melacak perkembangan pemikiran keuangan publik Islam Nafis Irkhami
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 2 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i2.195-214

Abstract

A major source of revenue for an Islamic state since the days of Umar ibn Khatab and until the decay ofthe Islamic civilization was kharaj and ‘ushr. In this paper a fiscal analysis of this levy will be presentedhighlighting what kharaj and ‘ushr understood by Khalifah Umar and early fuqaha. An Islamic govern-ment is not free to handle public money the way it likes. Public money should be spent judiciously toachieve desired goals. It is a duty of the government in a Muslim state not to squander public moneybut to utilize it to improve living standard of people. Technically, this duty needs to be explaining indetail by fuqaha. Encountered of the Islamic public finance thinking as scattered in Islamic literatureindicate that there is no such “missing link” in the construction of economic science as proposed by thethesis of the great gap, especially in the thoughts of public financial.
Optimalisasi sistem pemberdayaan wakaf produktif sebagai alternatif sumber ekonomi umat Muh. Shaleh Suratmin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 2 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i2.215-236

Abstract

Wakaf is one of the main religious service which contains productive economic values but in reality thevalues haven’t fully been implemented. The most important factor of this is the lack of socialization and the minimum role of the government (Badan Wakaf Indonesia). The enactment of the new wakaf bill (UU No. 41/2004) which followed by Peraturan Pemerintah Nomor 42 Tahun 2006 has not effective yet. How to maximize waqf advantages for society empowerment? This is the focus of study. The result of study shows that wakaf is very important to be the source of capital for empowering umat’s economy. The way to understand (fiqh) wakaf must be reformulated. The maximization of productive wakaf needs proper public understanding and good management. That is why that the nadhir must fulfill moral, managerial, and entrepreneur qualifications. The writer conclude that only trough revitalizing the role of BWI and the public awareness, the new paradigm of waqf can be realized in Indonesia.
Aspek hukum kontrak dagang via internet (cyberspace transactions) dalam perspektif sistem hukum Islam Wijayanto Setiawan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 2 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i2.123-155

Abstract

Trade contracts via the internet (cyberspace transactions) or e-commerce or in other terms is a necessity inthe development of cyberspace in the last  ten decades. In terms of the applicable legal aspects, contractstrade via the internet is having a substantial difference with the conventional contract law. From theviewpoint of Islamic Law (fiqh), the implementation of e-commerce business transactions can besamed with al-salam transactions in the way of payment and delivery of commodities which serve as theobject of the transaction. Transactions in e-commerce over the Internet can be aligned with the principlesof the existing transaction in the transaction al-salam, especially relating to the parties involved in thetransaction, the consensus statement and transaction through a transaction object. Based on thesestudies, the commercial transactions over the Internet is allowed as long as meet the principles of thecontract (‘aqad) in Islam, namely: (1) the parties involved in implementing the contract with proves goodand sincerity; (2) the process of conveying statements of the consensus between party is clear and notconflicting with shar’i; and (3) the object of transactions (goods or services) is something that is halal.

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