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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
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 17, No 2 (2017)" : 7 Documents clear
Poligami menurut Nasr Hamid Abu Zayd: studi atas pengaruh pemikiran tafsir terhadap penetapan hukum Cucu Surahman
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.155-174

Abstract

This article examines Nasr Abu Zayd’s (d. 2010) thought of tafsir and takes a close look at its implementation when he interprets “polygamy verses”. With library research method and content analysis, I conclude that Abu Zayd uses thematic method of interpretation, by using contextual analysis approach. This method is similar to Fazlur Rahman’s Double Movement method. Abu Zayd’s contextual interpretation theory (al-qira’ah al-siyaqiyyah) operates in the following steps; first, turn to the meaning (ma’na) of the text in its historical and cultural context (tarikhiyyat al-dalalah); and second, implement its significance (maghza) in contemporary context. Based on his contextual analysis (al-qira’ah al-siyaqiyyah) to polygamy verses, Abu Zayd concludes that polygamy is not the final purpose Islamic teaching (shari’ah al-Islamiyah). Polygamy is a temporal decision which is related to the very tight prerequisites. According to him, the significance (maghza) of the Qur’an text talking about polygamy is however justice and equality. Otherwise, Abu Zayd says that the implicit (maskut ‘anhu) final purpose of the revelation of “polygamy related-verses” are monogamy.
Hukum Islam sebagai rekayasa sosial dan implikasinya dalam undang-undang perkawinan di Indonesia Danu Aris Setiyanto
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.175-189

Abstract

This study focuses on the role of Islamic law as social engineering and its implications in marriage law in Indonesia. Islamic law has always been a concern among legal experts and studies. One interesting thing is the effort to achieve justice through the application of Islamic law which functioned as social engineering. Though the nature of Islamic law is the dimension of social justice but at the same dimensions of the Godhead. In the Indonesian context, it is understood that the marriage law in Indonesia is the implication. As this study included the study of literature and research data analyzed by the theory of law as a social engineering with the sociological approach. The results of this study concluded Law Islamic law can function and formulated as social engineering in the form of state regulation and in fact it is contained in the articles of the Marriage Law in Indonesia.
Analisis implementasi wakaf wasiat polis asuransi syariah di lembaga wakaf al-Azhar Jakarta Siska Lis Sulistiani
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.285-299

Abstract

Waqf in Islam is one way to invest in property for the sake of the world and the hereafter. The development of waqaf must still be in the sharia corridor so that its ubudiyah and iqtishadiyah values remain. Islamic law will not be known even as DSN MUI has just released its fatwa in October 2016 which is the investment benefit and sharia life fatwa, but some sharia insurance institutions and wakaf institutions in Indonesia first applied this form of waqf. The legal status of a wakaf law on Islamic insurance policy under Islamic law includes productive wakaf. However, in terms of its ownership element as a waqf object has not been fully owned by wakif so ulama differed in opinion, although in principle has been owned by wakif, but still opens the dispute space because the waqf object is not yet fully owned. The wakaf law of syariah insurance policy itself is still potentially canceled by wakif or by sharia insurance if one of them wakif get difficulty paying the premium before maturity. Implementation of waqf syariah insurance policy at Al-Azhar Wakaf Institute Jakarta has not yet fully complied with the rules of Fatwa DSN MUI because the fatwa has just come out in the end of 2016 and socialized in early 2017, whereas the wakaf will be known as sharia insurance policy in the community.  
Dinamika haji Indonesia sejak era kolonial dan problematika calon haji ilegal Moh. Rosyid
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.241-259

Abstract

The number of Indonesian pilgrims every year is increasing. On the other hand, the allocation of the number of pilgrims to be dispatched is limited by the quota. This triggers the waiting list and the share of various hajj efforts despite the violation of the law. However, not pilgrims know that pilgrimage using other country’s passport is a violation of Law No. 12 of 2006 on Citizenship and possible losing of one's nationality. From historical perspective, Muslims’ pilgrim dated back from the 16th century. At that time, there was strong suspicion that upon returning from pilgrimage, Muslims tend to be “rebellious” and initiated movement against the Dutch colonial government. Thus, the Dutch made a strict regulation concerning the Hajj and scrutinized Muslims before pilgrimage, while staying in Mecca and after their return. Among the movement against the Dutch led by Muslim upon returning the Hajj was the Padri movement. Nowadays, the number of Muslims who intend to go Hajj is rising significantly, and the waiting list goes for 15 to 20 years. The long list caused some people to find a way to go for Hajj including manipulation of citizenship documents, such as using passport of other countries. In respond to this situation, the government tries to negotiate with the Saudi government to increase the Hajj quota for Indonesians. Another effort is borrowing the remaining quota of neighboring countries. There is also suggestion to close the Hajj registration for some time and the need to revise the Hajj Law.
Analisis indikator keberkahan berzakat bagi muzaki di jalur Joglosemar Ahmad Mifdlol Muthohar
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.217-240

Abstract

The purpose of this study is to find out the concept of blessing in giving zakat according to Islamic teaching and to deepen its indicators felt by muzaki. Research method used in this study is qualitative approach. Technique of collecting data is documentation, observation and interview. The interview was conducted twice. The first step was done to 396 respondents, and then it’s continued to the second step with 20 different respondents. Sampling technique used in this study is purposive random sampling. Research findings showed that 98% of muzaki stated that they felt the existence of blessing in giving zakat, and according to them the highest blessing is inner peace; however when high percentage is correlated to the tendency of giving zakat to zakat institution, the result is not correlated. In addition to those mentioned, muzaki felt religious experiences related to blessing after they paid zakat. The highest blessings they felt most are: inner peace, easy of business, calm feeling, effective property, and far from harmful things.
Dilema aplikasi akad berbasis sosial dan bisnis dalam industri asuransi syariah di Indonesia: antara fatwa dan fakta Nafis Irkhami
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.261-283

Abstract

This article examines the legal issues on sharia insurance industries in Indonesia. The focus is on the application of the dual contract. It is the combination of the tabarru’ (voluntary) and tijārah (business) bonds. This qualitative study used secondary data. It will be approached with taxonomic technique. It is used to figure out the legal problems. Theoretically, the contract scheme should separate the management of both contracts. In this case, the main contract is the tabarru’, while the second is an additional. However, the takāful industries in Indonesia are more focused on the additional contract rather than the main. Based on research, Islamic insurances in Indonesia did not separate the tabarru’ and tijārah fund managements. It means that they mixed the returns obtained from both sectors. This shows that the dualism of tabarru’ and tijārah contracts in sharia insurance in Indonesia is not in line with the fatwas of The National Sharia Council-The Indonesian Ulama Council (DSN-MUI) on Islamic insurance. However, this article also found that there are some guidelines of DSN-MUI which are ambiguous. This article offers an alternative scheme of both contracts from the perspective of fiqh al-mu’āmalah (Islamic economic law). The contract that can be applied by the takaful as tabarru’ is a fee-based (ujrah). While the most logical contract for the rest is a profit and loss sharing-based investment contracts. 
Dekonstruksi paradigmatik pengembangan zakat: analisis kritis pemikiran Yusuf al-Qaradawi Jamal Abdul Aziz
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.191-215

Abstract

The construct of the argument for the development of zakat treasures in the thought of Yusuf al-Qaradawi can be divided into two general and special ones. The general argument is based on the theory of qiyas and maslahah, while the specific argument is based on the theory in the jurisprudence of zakat itself, that is with respect to the criteria of zakat property. From the six criteria he mentioned he then developed one of them is a productive (growing) property. On the basis of these criteria then many new types of treasures that can be covered into zakat property, such as the treasures obtained from company stock, honey, and profession. Of course the new treasures he mentioned just as an example only. In the future it can continue to grow in accordance with the development of Muslim life. The argument for the development of zakat property can be contradicted by three arguments: ambiguity in placing the doctrine of zakat between the teachings of mahdah worship and the teachings of muamalah /'adah (worldliness); tend to separate the study of zakat from the historical context in which the obligations of zakat in the time of the Prophet and the caliph after him are always related to the life of the state / government; and stressing that the zakat is different from the taxes is basically a result of its ambiguity in looking at zakat.

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