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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
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Core Subject : Social,
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Articles 234 Documents
Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer A . Bahruddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.1-18

Abstract

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.
Justifikasi hukum Islam atas pajak dalam perspektif hukum dan ekonomika Arvie Johan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 18, No 1 (2018)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v18i1.1-16

Abstract

In the earliest period of islam, islam introduced jizya, kharaj, and 'ushr as taxes. In its development, taxes are expanded into more complex types such as: income tax, value added tax, land tax, and customs. This expansion of tax base requires justification of how extent islamic law covers scope for expansions of tax base. This paper uses a law and economics approach to examine the range of islamic law to conform scope for expansions of tax base. The paper scrutinises in advance a common dilemma between Islamic law and law and economics in dealing with taxes: budgetair and deadweight loss. To achieve welfare, good taxes concern several aspects, among other: a large number of tax object, cross demand elasticity, a impact of reducing the gap, and low cost administration.
Menelusuri karya intelektual Sayyid Usmanbin Yahya dalam bidang fikih Muhammad Noupal
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 1 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i1.61-80

Abstract

Sayyid Usman, a Hadrami scholar in the 19th and early 20th century was very controversial. He was themufty of Batavia as well as advisor to the Netherlands East Indies. Especially as a mufty, Sayyid Usmanwas becoming a reference to the people who requested for a ruling of law. Supported by his ownprinting litographyc, Sayyid Usman was able to convey his views dan ideas widely through the publica-tion of books and treatises. The books produced by Sayyid Usman specialized in the field of Islamic lawor fiqh which refers to social jurisprudence. While related to the fiqh of worship, more concise and verysimple. Among his works in the field of law, the book of al-Qawanin al-Shar’iyyah is a very importantwork. This book contains a methodological description on how to take a legal decision (fatwa). Asadmitted, the purpose of writing al-Qawanin is a guide for prince and a judge of religion, especially inlegal decisions based on Ahlu Sunna sect.
Revitalisasi hukum waris Islam dalam penyelesaian kasus sengketa tanah waris pada masyarakat Sasak Lalu Supriadi Bin Mujib
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 19, No 1 (2019)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v19i1.67-88

Abstract

The inheritance issue is considered crucial to evaluate since it is closely related to inheritance transfer from the deceased to the living family and death is natural and common phenomenon. This research aims to investigate the inheritance legal system, the factors influencing the land dispute cases and the revitalization of Islamic legal system to reach a settlement of this land dispute issues. This field research employs qualitative approach using field and library research with socio-legal approach. The research data is categorized into two, primary and secondary data. The data was obtained using observation technique, interview, and doccumentation. The results indicate that: First, the distribution of inheritance land is conducted in different ways such as grants,, discussion, and faraid. Second, the factors influencing the land dispute cases are greed and lack of information about inheritance legal system, so the society do not know the legal system related to the inheritance. Third, revitalization is important because it is ruled out in Islamic teachings and is considered absolute for Islam society. This research conludes that Islamic Inheritance legal system is the best alternative to reach a settlement of land disputes in Sasak community.   
Ekonomi Islam: transaksi dan problematikanya Muhammad Anton Athoillah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.269-289

Abstract

Transaction in Islam is often criticized for not having a clear differentiator from the other transaction. Although departing from the different basic principles, but havingnot a much different impact than the other transaction. Often asked, whether Islamic economics is capitalism minus usury or socialism plusIslam? Therefore, no less important to know are, what a plus-minus of conventional transaction, what the distinguishing element between a conventional transaction with Shari’ah transaction, and whether the distinguishing element has different impact than what is produced by a conventional transaction.
Pemaknaan masyarakat santri atas fatwa- fatwa keagamaan produk pesantren Ahmad Munjin Nasih
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.119-138

Abstract

As a Islamic educational institutions, pesantren produces not only ulama’ who are capable to guide Muslim to the right way, but also many fatwa as solutions for Muslim community problems. This study tries to reveal how the Muslim community gives meaning of fatwa from pesantren. The results of this study shows that Muslim society vary in give meaning to fatwa. They are divided into three groups, namely: the dogmatic community, logical community, and pragmatic community. The existence of these groups is caused by education background, intensity of communication, and vested interests of the community.
Jihadisme Salafi versus pemikiran mubaligh dan guru agama Muh Saerozi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v12i1.113-122

Abstract

Judul Buku:NII sampai JI Salafy Jihadisme di Indonesia Penuis : Solahudin Pengantar:Greg Fealy Penerbit : Cetakan Tebal : : Komunitas Bambu Mei 2011 xviii+294 hlm.
Konstruksi citra partai Islam pada pemilu 2014 pendekatan fikih-siyasah Iding Rosyidin; Gun Gun Heryanto
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 1 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i1.1-20

Abstract

The research of the Image Construction of Islamic Political Party at 2014 Election in Indonesia aimed at knowing the image construction of Islamic political party, especially at Republika and Sindo newspaper.The thoeries used in this research are fikih siyasat (the characteristic of muslim leader), social construction of mass media and hierarchy of influence by using discourse analysis as an analytical technique. The method of the research is qualitative. And the Informans as research subject are the jurnalist, redaction and management representative of both newspaper.The founds of research showed that the news characteristic of both newspaper were almost same. From the social cognition there werea difference. Republika strived to counter every news related to the image of Islamic political party and Sindo did not. From the social context, the background of this news was 2014 Election. And from hierarchy of influence perspective, the impact of media organization level was strong as shown in the power of the owner like Hary Tanoe in Sindo as a chairman of MNC Group. So, Sindo never produced news that contradicted to Hary or Hanura Party. The impact of ideological level also strong as we can seein the news of Republika which not only related to the profit, but also the benefit of Islamic Party.keyword: Construction; Image; Islamic party; Hierarchy of influence; Discourse analysis
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.
Indeks kualitas pelayanan pernikahan di Jawa Tengah Rosidin Rosidin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 2 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i2.257-280

Abstract

This study aims to reveal how the wedding service quality index in Central Java, how the gap realities andexpectations of society towards services, and analyze the attributes of what priority the improvement inservice wedding in Central Java. The approach used in this study is quantitative. Testing the validity andreliability of the instrument showed some fall and after a further test entirely valid and reliable. Thenumber of samples involved in the study is 1000 obtained with quota purposive random samplingmethod. The study states: 1) Quality Index marriage services in Central Java at 79.08 categorized asgood; 2) All dimensions of service quality both tangible, reliability, responsiveness, assurance andempathy all is negative, meaning that all of society not as expected 3) gapnya biggest attribute is thattangible aspects of priority improvements on these aspects, without neglecting the other aspects

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