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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Salatiga
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 7 Documents
 1 
Search results for , issue "Vol 16, No 1 (2016)" : 7 Documents clear
Rekonstruksi hukum kewarisan anak dari perkawinan sirri di pengadilan agama Supriyadi Supriyadi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.27-42

Abstract

Children born out of marriage Sirri has a different position with children from other marriages. Son of marriage Sirri, in the perspective of religion is legitimate, but legally is not recorded in the Office of Religious Affairs. The existence of child in the marriage Sirri must get legal certainty and the  protection of law. Decision of the Constitutional Court (MK) has provided certainty and legal protection, but in a religious court the verdict has not been granted a constitutional manner. Therefore it is necessary to reconstruct the inheritance law of children born out of marriage Sirri by incorporating Court decision No. 46 / PUU-VIII / 2010 as a source of law in the legal system of inheritance in religious courts. Law should provide protection and legal certainty to the status of a child born out of marriage Sirri and rights available to him, although the validity of the marriage is still in question.
Penyelesaian sengketa letter of credit ekspor-impor syariah pascaputusan Mahkamah Konstitusi Nomor 93/PUU-X/2012 Titik Triwulan Tutik
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.43-66

Abstract

This research is aimed to examine on the dispute settlement Letter of Credit (L/C) Import-Export in sharia banking. This dogmatic study was supported by the statute and conceptual approach. The steps of research were conducted by collecting the primary and secondary data. All of the data were noted using card system based on the subjects of the research problem and writing system. The results of the research show that: First, the position of the Letter of Credit as cross-border transactions in the Sharia banking, not only just set in national contract law, but also stipulated in the International treaty provisions do not contrast with the principles of Sharia. Secondly, in the event of dispute resolution issues of Islamic banks, according to Constitutional Court Decision No. 93/PUU-X/2012 can use two (2) that litigation and non-litigation. A litigation path into the absolute authority of religious courts, while the path of non-litigation the parties can make a choice no explanation as specified in Article 55 paragraph (2) of Law Number 21 Year 2008 concerning Sharia Banking but can also take other alternatives in accordance with a contract that banks have agreed.
Pembrontakan terhadap pemerintahan yang sah (bugah) dalam perspektif hukum Islam Sukring dan Rustam
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.67-83

Abstract

Islam is Rahmatan lil ‘Alamin religion, Islam loves peace and justice, Islam never teaches violence and corruption in the world. Along with global development and progress, the understanding of Islam teaching began to be degraded by some groups of Muslim, then came some groups that distort Islam religious teaching. There is a fundamental radical giving wrong interpretation to the religious teaching understanding. Then came terrorists and insurgents that against the legitimate government. Those who stay away from moderation will always cause the appearing of harsh and extreme groups in all time. The purpose of terrorists and insurgents is the destruction to the strength, power, stability, and safety of the nation. Hazard and press power of the insurgents against the government can not be tolerated. Because they commited treason against the legitimate government, the punishment for those who fight against Allah and his Messenger and who do mischief in the earth is killed and crucified or having their hands and feet cut in crossways, or exiled from his place. This article draws the condition of Muslim communities, especially in Islamic countries in the Middle East that are flaring up today.
Bom bunuh diri dalam fatwa kontemporer Yusuf al-Qaradawi dan relevansinya dengan maqasid al-Shari’ah Busyro Busyro
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.85-103

Abstract

All contemporary fatwas Yusuf al-Qaradawi in his book Min Hadyi al-Islam Fatawa Mu’ashirah was believed by the writer it made succeed maqasid al-shari’ah. When we see the fatwa in the book, some of fatwa indicate contradiction with maqasid al-shari’ah  which is agreed by most of islamic scholars, such as his fatwa about suicide bombing according to this problem, the axamination will ask after; how is law of thinking al-Qaradawi with suicide bombing? And how to aplicate the theory of maqasid al-shari’ah in  al-Qaradawi’s fatwa in suicide bombing? To answer the question, this examination tried to trial to the fatwa al-Qaradawi about it in the book by seeing the connected with theory of maqasid al-shari’ah  which is agreed by most of islamic scholars. For that the theory about maqasid al-shari’ah will be tested comprehensively, particulary to save al-daruriyat al-khams (five of human fundamental needs). The data has been collected and will be analysed qualitatively. The result of this examination made succeed the answer that al-Qaradawi pleases the action of suicide bombing specially for the fighters of Palestine to make fear and terrorist to Israel; and his fatwa opposite with maqasid al-shari’ah which believed the legitimate by most of islamic scholars.
Aplikasi metode dhariah dalam UU No. 35/2014 tentang Perubahan atas UU Nomor 23 Tahun 2002 tentang Perlindungan Anak Usep Saepullah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.105-129

Abstract

Cases of violence in Indonesia based on data from the National Commission for Child Protection (KPA), In 2012, reports of violence against children rose to 2,637, with the presentation of 62 percent of the sexual violence include the category of sexual harassment as many as 122 cases, regarded as one indicator of the poor quality of child protection , The existence of children who have not been able to live independently, of course, is in desperate need of people as a shelter. The government has sought legal protection for children, so that children can get a guarantee for the  continuity of life and living as part of human rights through the Act No. 23 of 2002 on Child Protection. The low quality of child protection in Indonesia, especially in sexual offenses and the amount of fines lot of criticism from various circles of society. The changes legislation relating relating to the protection of childrenfrom Law No. 23 of 2002 on the Protection of Children to Act No. 35 of 2014 about the amendment of Law No. 23 of 2002 on Child Protection contains a number of new perspectives (new paradigm) on the protection of children. One of the new paradigm it is the approach of preventing violence against children. In Islamic law approaches in child protection can be understood through the concept dhariah are sometimes prohibited form of preventive measures mentioned sadd al-dhariah, sometimes recommended even obliged called Fath al-dhariah. Methods dhariah in regulation Protection of Indonesian children develop in accordance with the development needs of the community through a new paradigm of Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection, on several things: the involvement of local governments in addition to the state, the government, society , families and the elderly, sexual crimes against children and restitution  compensation).
Jihad dinamis: menelusuri konsep dan praktik jihad dalam sejarah Islam Zakiya Darajat
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.1-25

Abstract

Being the most misunderstood term, jihad has been misconstrued by orientalists and Muslims alike. The misconception of jihad can be attributed to not only severely substantialist or textualist reading of the Qur’an and Hadith, but also misinterpretation of the history of jihad being in practice during the early generation of Muslims. The comprehensive reading of texts on jihad in the Qur’an and Hadith has to be accompanied by an accurate and objective reading on how jihad was put in practice by the Prophet  Muhammad, the Companions and the Successors, and then how it was practiced during the subsequent periods (medieval, modern and contemporary), particularly in order to know in which context jihad has been regarded as a spiritual, ethical and moral struggle (jihad akbar), and in what kind of context it has been practiced as a physical struggle in a war (jihad asghar). In that way, jihad would not be misunderstood and, on the contrary, be appropriately connected with its contexts. The dynamics of the implementation of jihad has been influenced by different socio-historical factors, such as political realities facing Muslims in different periods. This essay seeks to explore how the practice of jihad has changed over time in Muslim history, from the time of the Prophet to the modern day Indonesiamarked by vibrant Muslim movements.
Pandangan Tuan Guru Lombok terhadap multi akad dalam muamalah maliyah kontemporer Musawar Musawar
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.131-155

Abstract

The concept of Hybrid Contract or “Multi Akad” is an ijtihad of the cholars to address the development of human life, especially in mu‘amalah aspect. It is understood as the merge of the two contracts or more in a contract. Therefore, many modern transactions use it and even in the last decade the scholars began to discuss about it’s validity. The conversation and debate about the validity of this Hybrid Contract appears not without reason, because of numbers of prophetic traditions, showed literarily that Hybrid Contract is forbidden in the transaction. Departing from that, this study answers three basic problems: the first is “how the concept of “Hybrid Contract” in view of Tuan Guru Lombok”, who became a role model for peoples of Lombok, because of they are as religious and community leaders. The second question is how an argumentation that built by Tuan Guru bout the “Multi Akad” in Islamic Law. While the third problem is how the typology Tuan Guru Lombok thought. This study is a qualitative research by maqasid al-Shari’ah  and the sociology law approaches, and this study is made with the method of interview to Tuan Guru who are determined by “purposive sampling” method, and so this research is supported by ocument data in the form of books, magazines and more. This study concluds that Hybrid Contract concept in Tuan Guru Lombok view is a contract containing two contracts or more in financial problems, both applicable in financial institutions shari‘ah or no. Surely, the concept of Hybrid Contract is a way to elude from “usury”. Regarding to Multi Akad in Islamic Law like “Dana Talangan Haji” at financial institutions shari‘ah,  Tuan Guru responded it by two argumentations: so that they are divide to two group: rejecter and endorser. And they are divided into 2 (two) typology: textual and textual progressive, the textual group understood that Hybrid Contract is unlawful or forbidden according to prophetic traditions texts and it was interpreted textually. While progressive textual tends to allow, even though they can not separate them self from the text of the prophetic traditions, but they also consider the development of thought, life, and environment.

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