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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
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Articles 6 Documents
Search results for , issue "Vol 11, No 2 (2011)" : 6 Documents clear
Bersanding dalam resepsi perkawinan:refleksi atas pandangan dan perilaku hukum di Kota Palangka Raya Abdul Helim
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 2 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i2.165-181

Abstract

According to the seven marriage couples and three fatwa givers which become of the subjects of thestudy, the mixture of the place for the bride and the groom is prohibited (haram) because it can provokefitnah, there is tabarruj, ask for the highest bride price, focus more on the gifts, and money from theguests and the other people who spread out the yellow rice. The doers don’t know the legal argumentsand even taqlid to the fatwa givers but they don’t have reliable arguments. The doers only argue that lifeof men and women should be separated as in salat and there is no nas that allows the bride and thegroom to sit next to each other. Ikhtilat is allowed to do in the market or workplace because was practicedduring prophet Muhammad SAW’ life. This argument is weak and hard to accept and it traps us becausethere is a great potency of disadvantage between Ikhtilat in the market and work place compared toIkhtilat in wedding reception.
Sistem penanggalan Hijriah Mohammad Shawkat Odeh Muh. Nashirudin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 2 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i2.199-217

Abstract

This paper discusses the Hejric calendar system by Mohammad Shawkat Odeh, one of Muslim astrono-mers from the Islamic world who offers new criterion for lunar crescent’s visibility and the Hejriccalendar system. This article describes and analyzes some concepts proposed by Odeh concerning hisab(calculation) and rukyah (moon-sighting) such as criteria for the crescent visibility. The criteria offered byOdeh is the result of a long-time research (from 1859 – 2005 and totalled 737 observations). TheUniversal Hejric Calendar proposed by Odeh divides the world into two zones: the westerns zonecovers American continent and the eastern zone covers Asian, African, Australian, and European conti-nents. Although there are some problems caused by the division of zones, the idea that most ofMuslim countries includes in the same zone is expected to reduce the problem of dissimilarity indetermining the new moon. Consequently, the unification of the first date of the month and also theIslamic calendar is possible.
Rekonstruksi teori maslahah dan signifikansinya dalam pengembangan ekonomi Islam Agus Waluyo Nur
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 2 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i2.219-234

Abstract

The article  traces to find the significance of maslahah to solve Islamic economics problems in the ageof globalization. The age of globalization supported by information technologies revolution makes allaspects of human life changes rapidly especially in economic activities. Islamic economic developmentrequired ijtihad with respect to the reality. In the context of ijtihad, Islamic economic require to be wokeup in the frame of maqasid shari‘ah. Maslahah, as important part of maqasid, need to be placed proportion-ally. Benefit, maslahah, and benediction (falah) will be reached only if Islamic values and principles areimplemented in the economic behavior. Neglecting to one of them will make it cripple. Applycation ofeconomic principles without Islamic values will only give material benefit, while principal execution andvalue will bear benediction and benefit or maslahah eternity world. Therefore consumer whose applyingsufficiency principle in buying goods, will buy goods so that minimum requirement of him fufilled. Hewill sought to fulfill the requirement without require to look into the availibility of goods to others. Onthe contrary if only executed principle, hence it will yield earthly benefit.
Fiqih Islam perspektif dialektika sosiologi pengetahuan: studi pemikiran hadis al-Shafi'i Muhammad Irfan Helmy
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 2 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i2.183-198

Abstract

The study of prophetic tradition which focuses on socio-historical perspectives must be conducted to explore a new perspectives of prophetic tradition studies. The science of Contradictive prophetic tradition which established by al-Syafii is a part of prophetic tradition sciences which can be analyzed with socio-historical perspectives. This article used a sociology of knowledge dialectic approach to find a socio-historical background of establishment of the Science of Contradictive prophetic tradition. This approach conclude that the framework of al-Syafii's Science of Contradictive prophetic tradition influenced by many thought on prophetic tradition which arose in al-Syafii's life especially the destructive one to the position of prophetic tradition in Islam. According to sociology of knowledge perspective, al-Syafii's science of Contradictive prophetic tradition must be open to receive a new contribution of methodology of prophetic tradition understanding.
Konstruksi sosial pernikahan beda agama dikalangan Muslim Tionghoa di Probolinggo M. Hasyim Syamhudi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 2 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i2.127-143

Abstract

The reciprocal connection between religion and family life makes the topic of religious intermarriage ofparticular importance in the sociology of religion. This study was conducted to examine social phenom-ena of interreligious marriage which become popular among Moslems Chinese society in Probolinggo.The main purpose of this study will try to find, why Moslems Chinese society in Probolinggo performinterfaith marriage, which was all the long associated to be forbiden in both Islamic legal system andpossitive common law of Indonesia. In this research the researcher has difficulties to get proper infor-mation about religious behavior, especially about interfaith marriage problems. To solve this problem,the researcher asked for help from the leader of Persatuan Imam Tauhid Indonesia (PITI) Probolinggo,Mr. Irem Grok Sing to get access to main informans.This qualitative research used Berger’s theory ofsocial reconstruction process to explain phenomena. Interreligious marriage as a social discordance inProbolinggo Chinese Moslem community was predicted will expand faster. So there was need somedialogue between religious ideal concepts. In Islamic law, this phenomena can be understood as anactualization of the rahmatan li al-‘alamin mission. 
Pembaruan pemikiran hukum keluargaIslam di Indonesia Ismail Ismail
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 2 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i2.145-163

Abstract

Islamic family law or ahwal al-shakhsiyyah has prevailed in Indonesia since the inception of the law no. 1year 1974 concerning with marriage and the compilation of Islamic law in Indonesia (KHI) in 1991.Islamic family law run in Indonesia is not exactly the same as those contained in the books of classicaljurisprudence (fiqh). From its materials has been found in the legislation, there are a number of newprovisions that was different from those classical Islamic jurisprudence such as in marriage record, agerestrictions of marriage, polygamy, inheritance and wasiah wajibah etc.  These new provisions were issuedby scholars and contemporary Islamic jurists in the context of law reform. 

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