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Erie Hariyanto
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Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Published by Institut Agama Islam Negeri Madura
ISSN : 1907591X     EISSN : 24423084     DOI : https://doi.org/10.19105/al-lhkam.v15i2.2734
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ihkam: Jurnal Hukum dan Pranata Sosial is a high-quality open- access peer-reviewed research journal published by the Faculty of Sharia, Institut Agama Islam Negeri Madura, Pamekasan, East Java, Indonesia. The focus is to provide readers with a better understanding of Islamic Jurisprudence and Law concerning plurality and living values in Indonesian and Southeast Asian society by publishing articles and research reports. Al-Ihkam specializes in Islamic Jurisprudence and Indonesian and Southeast Asian Islamic Law and aims to communicate original research and relevant current issues. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussion over current developments on Islamic Jurisprudence and Law concerning Indonesian and Southeast Asian plurality and living values. Publishing articles exclusively in English or Arabic since 2018, the journal seeks to expand boundaries of Indonesian Islamic Law discourses to access broader English or Arabic speaking contributors and readers worldwide. Hence, it welcomes contributions from international legal scholars, professionals, representatives of the courts, executive authorities, researchers, and students. Al-Ihkam basically contains topics concerning Jurisprudence and Indonesian and Southeast Asian Islamic Law society. Novelty and recency of issues, however, are the priority in publishing. The range of contents covers established Jurisprudence, Indonesian and Southeast Asian Islamic Law society, local culture, to various approaches on legal studies such as comparative Islamic law, political Islamic Law, and sociology of Islamic law and the likes.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 328 Documents
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MUHAMMAD SA’ID AL-‘ASHMAWI (Mencabar Pemikirannya tentang Penerapan Syarî’ah di Mesir) Moh. Hefni
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.259

Abstract

The rise of a vigorous and sometimes violent Islamistmovement in Egypt has attracted considerable attentionfrom scholars. Less attention has been given to those whohave responded to this challenge at the level of ideologicaldebate. One of these is a prominent judge, Muhammad Sa’idal-‘Ashmawi. He argues that the call for the "application ofthe syarî’ah" (tathbîq al-sharî’ah), watchwords of the Islamistmovement, are in reality little more than empty slogans,designed to get popular support for a political venture butextremely vague and probably insignificant in substance. Intime, however, its meaning expanded, first to include all ofthe rules for worship and society found in the Qur’ân, thenthose in the sunna of the Prophet, and finally all the opinionsand judgments of the scholars (ijtihâd). But these opinionsand judgments are properly called fiqh, and the final result ofthe development is that in common usage the term syarî’ahhas come to mean fiqh.Those who use the slogan, however,are in fact calling for the application oí fiqh, that is, a set ofrules and laws devised by humans, not God, to meethistorical conditions of the past which no longer obtain. Indiscussing ribä, al-cAshmawi holds that current Egyptianlaw essentially conforms to the syarî’ah. The same is true ofthe rest of Egyptian law.
KONSEP SYÛRÂ DALAM PANDANGAN FIQH SIYÂSAH Moh. Zahid
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.260

Abstract

Al-Qur’ân stipulation on syûrâ, as principal law, is exceedinglyshort; the detailed ways to perform it has been absence. TheHoly Qur’ân does not persist whether the social problems mustbe determined on the basis of syûrâ, also on the matter that issyûrâ specifically applicable on government issues? Yet theProphet Muhammad saw. didn’t recommend certain outlines tobe followed. It was reflected on the method of leadersubstitution done by khalîfah after his period of time. Theprocess of substitution was merely different among one toanother. The unspecific explanation on syûrâ, takes it into aflexible, smooth and appropriate to any situation and to thewhole social problems. Consequently, the concept of al-Qur’ânon syûrâ is not identical with democracy, though its idea hashighly appreciated the major opinion as stated in democracythought.
ANALISIS HUKUM ISLÂM TERHADAP MASALAH KEKERASAN DALAM RUMAH TANGGA (KDRT) Abd. Wahed
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.261

Abstract

KDRT (domestic violence) must be ended. Both wife andhusband come to a conclusion to finish it. However, itdoesn't mean that the role of a husband, as disciplineupholder, has to be denied. Islam does not agree with it.As an Imam (leader), a husband must maintain moralvalues to establish a peaceful and perfect harmoniousfamily. UU. No 23 Th. 2004 implicitly states that domesticviolence is any violence types occurring in a family. Ahusband has been a person who always be blamed on inthis case. This article analyzes a kind of violencecommitted by a husband against the family members---children and wife from the perspective of Fiqh (Islamiclaw)
RELASI LAKI-LAKI DAN PEREMPUAN (Menabrak Tafsir Teks, Menakar Realitas) Achmad Mulyadi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.262

Abstract

The term of gender has been perceived as man-womandifferentiation. The distinction is appeared due to culturalreality constructed by society. This concept is opposed to sex,which differentiate the terms of man-woman biologically.Thus, the difference in sex is a God construction, and cannotbe restudied. On the other hand, the difference in gender is asocial construction and it can be restudied (qabilun lin niqasy).Therefore, a gender concept on man-woman relation is alwaysdebatable in terms either in text study or in its reality contextin the society. This article elaborates the establishment of manwomanrelation from the text perspective, culturalconstruction and its reality today.
MORALIS (Paradigma Baru dalam Etika Bisnis Modern) Rudi Haryanto
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.263

Abstract

Human life naturally needs a perfect moral norm system tobridge social clash caused by the different right andinterest. In this condition, the uniformity of values isrequired by human to create a well-ordered life. It isreligion, as the highest authority of truth that could launcha uniformity of values. Islam, as the total way of life, haspurposed a sequence of business concepts containing auniversal moral-ethic principle. According to Islamicconcept, business and moral cannot be separated to eachother. An Islamic business moral ethic values reflectsunity, equilibrium, free will, responsibility, truth, gooddeeds and honesty. This article discloses how a businessmust be run on the basis of Islamic business moral ethicvalues. Some people assume the practice of Islamicbusiness generates a gap between ideality and reality.However, an intensive study on these concepts has beendone to establish Islamic moral ethic values becomingbusiness reference. Consequently, an ethic-expectation ofsociety demands business activists that are moralists. Thisis to uphold ethic in business as well as to survive inrunning it.
PEMBERDAYAAN EKONOMI KERAKYATAAN MELALUI LEMBAGA KEUANGAN SYARÎ’AH Wadhan -
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.264

Abstract

UKM is the business maker of the lowest level marketing. Theaim of the empowerment of UKM is that to grow and toaccelerate a strong business ability, independent, andcompetition power against abroad products. It is a proper choiceto use Syariah banking for UKM financing. Syariah banking has agreat opportunity to develop macro banking in order to reformIndonesian economy.
PERANAN EKONOMI SYARÎ’AH DI TENGAH KRISIS GLOBAL Sakinah -
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.265

Abstract

At the end of 2008, the super power United States suffered fromeconomic crisis. It shocked the world since US economic policylegalizes capitalism. Not only US experienced the crisis but alsoother countries did, including Indonesia. The crisis repeatedlyoccurs many times however it is unstoppable. Only those thatapply Islamic economic system endures the crisis. They areArabian countries. The questions had been purposed is that howcome the capitalism easily injured crisis? The hypotheticalanswer is that because economic capitalism allows the practiceof maghrib, the acronym of maysir, gharar, and riba’. These havebeen insulted in Syariah economical system. Ironically, thesethree concepts of capitalism have been applied and adopted byconventional banking such as stock exchange, insurances andmoney market. These are suspiciously caused the downfall ofconventional financing system. This brief article is about todescribe the prohibition of riba (bribery) practice.
ISLÂM DAN PEREKONOMIAN ISLÂM DALAM PEMERINTAHAN MODERN Nashar -
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.266

Abstract

the basic 0f Islamic ekonomy, it is actuallydifferent with the basic of Modern Economic System.Because of the view of islam for ekonomy have thecharacteristic what may be in Modern Economic System.Islam has the guidence based the Al-Qur’ an and Hadistand the guidence has the interpretation. The systemdifference between Islam versus Modern System bears aconclusion : Islamic Ekonomy continuesly and by the allaspects compleyely concerning humanism. Islam has aeconomic system having the principle of responsibilitytowards a social community, social living have ability andpopulation economic stimulation. So for the last wise isdone by government will always relate with all element ofsociety. There are some economic system is not ruled yet inthe sources of Islamic law, as the poroblems of ekonomicsystem; BUDGET, so it needs to be new Ijtihad, therefore,that system always bases on the social service and in linewith the guidence of islamic law.
EKSISTENSI HUKUM ADAT DALAM SISTEM HUKUM DI INDONESIA Eka Susylawati
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.267

Abstract

A traditional law (hukum adat) is a law reflecting anIndonesian character; as a result it has been claimed as thelaw which is genuinely Indonesian. As an unwritten law,nowadays the existence of traditional law is questionable.It has been judged as conservative, stiff, primitive oldfashioned comparing to the development of modernsociety. Some people argue that traditional law is unableto resolve the problems in this globalization era. In facts,traditional law has become a basic principle to legalize thecontemporary laws. For instances, traditional lawsinspires the law of UU. No 5 Th. 1960 about the major lawof agrarian affairs and the la of UU. No. 1 Th. 1974 aboutmarriage. The relevance of traditional law to current one issupported by the existence of UU. No. 4 Th. 2004 aboutthe authority of judicial affairs, it opens the chance for thejudges to execute and decide a case based on traditionallaws.
BURGELIJK WETBOEK (Menelusuri Sejarah Hukum Pemberlakuannya di Indonesia) Erie Hariyanto
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 4 No. 1 (2009)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v4i1.268

Abstract

Burgelijk Wetboek or the book of civil law is historicallyderived from Dutch. It has been applied on the basis ofconcordancy principle; in fact, the legislative institutionhas not published civil laws that being coded and unifiedyet. It is urgent to apply new laws that exclusively managelaw of contract (in particular or general) as a part of civillaws, in order to support the economic activity of nation.Dutch has already revised their own Burgelijk Weboek thathas been applied in Indonesia.

Page 1 of 33 | Total Record : 328

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