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<![CDATA[EKSISTENSI DAN URGENSI TAFSIR KONTEMPORER ]]>
<![CDATA[Utang Abdurrahman]]>
<![CDATA[ Asy-Syari'ah Vol 17, No 2 (2015): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v17i2.650
<![CDATA[A contemporary quranic interpretation method on leadership consists of two aspects; first is explaining the meaning of al-Quran to society with the practical and interesting languange meaning. Second is explaining it through the various meanings that are directly related with the urgent and significant aspect in human life. This paper uses descritive-analitical method and sopported by thematic and semantic approaches. This paper concludes that contemporary quranic interpretation on leadership can be understood through interprete verse with verse, al-Quran with al-Hadith, exploring the meaning of the text in accordance with the truly meaning, and the aim of the Quranic redaction completely according to mufassirin. This way is commonly used by contemporary quranic intepretation on leadership which is namely tafsir bi al-ma’tsur and tahlily.]]>
<![CDATA[KAWIN BEDA AGAMA DAN PERLINDUNGAN HAM : STUDI KRITIS ATAS UNDANG-UNDANG PERNIKAHAN NOMOR 1 TAHUN 1974 DAN UNDANG-UNDANG DASAR 1945 ]]>
<![CDATA[Yedi Purwanto]]>
<![CDATA[ Asy-Syari'ah Vol 17, No 1 (2015): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v17i1.641
<![CDATA[The polemic of Marriage Law Number 1 of 1974 is back into hot issue to be discussed. It reminds to the public discussion in a long history and the dynamics of the appearance of this laws. This time, the spotlight is article 2, paragraph 1 of the Marriage Law Number 1 of 1974 which contains "Marriage is legitimate, if it is done according to the laws of each religion and the belief it". Against with the decision, any parties asked a judicial review to the Constitutional Court (MK) for the article. This paper wants to give exposure of reactions of the people who are doing legal efforts with the proposal, as well as how to find the best solution for its completion. The core problem in this paper is to be appointed about whether or not may interfaith marriage. Referring to the Marriage Law Number 1 of 1974 and the 1945 Constitution, this paper will describe how the views of classical scholars, ulama (Muslim jurists), community leaders, officials and legal experts in the country explain about marriage in different religion.]]>
<![CDATA[POLEMIK PEMBERIAN HARTA WARIS MELALUI WASIAT KEPADA ANAK ANGKAT ]]>
<![CDATA[Habiburrahman, Habiburrahman]]>
<![CDATA[ Asy-Syari'ah Vol 16, No 2 (2014): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung ]]>
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DOI: 10.15575/as.v16i2.632
<![CDATA[This paper describes the polemic of the distribution of waris for foster child in the study of Islamic law and the laws and regulations in Indonesia. The distribution of estate to foster child was regulated in article 209 in the Compilation of Islamic Law (KHI). Thus, this is a signal that the influence of customary law and Western law had entered in KHI . Therefore, by this paper, Author would like to emphasize that the distribution of waris to the foster child by using the concept of wasiat wajibah in KHI is wrong. It is not based on the shari'ah (qath‘iy al-dilâlah), but rather based on logic of the law and humanitarian considerations, and it is zhanniy al-dilâlah. Thus, author sure that the distribution of waris by one third (1/3) of estate to the foster child by using the concept of wasiat wajibah is an erroneous ijtihad, cotradiction with the texts, and could be detrimental to the main heirs.]]>
<![CDATA[DINAMIKA DAN IMPLEMENTASI HUKUM ORGANISASI PERUSAHAAN DALAM SISTEM HUKUM INDONESIA ]]>
<![CDATA[Muhibbuthabary Muhibbuthabary]]>
<![CDATA[ Asy-Syari'ah Vol 18, No 2 (2016): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v18i2.664
<![CDATA[The legal system in Indonesia explained that the act of commerce is the act of purchasing goods for resale. While the organization is a coordination unit comprising at least two people, has a function to achieve a certain goal or set of tools. the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim of the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim to obtain profit. The company is a business organization that has carried out business activities and continuous, uninterrupted and overt move out with the aim to get benefit. In the Code of Commercial Law mentioned that perbu-atan commerce on the organization of the company is the act of purchase does not include sales deeds, because sales is part of the aim of business. In practice, the legal system of Indonesia has set about permit the establishment and governance of enterprise organizations are legal entities such as limited liability, Firma, cooperatives, foundations, enterprises, and etc. This has been stipulated in the legislation, namely Law Number 3 of 1992 about the Registration Company and Law Number 8 of 1997 concerning Company Documents.]]>
<![CDATA[KRITIK HUKUM ISLAM TERHADAP PENDAPAT IMAM AL-SYÂFI‘Î DAN IBNU HAZM TENTANG NAFKAH BAGI ISTRI NUSYUZ ]]>
<![CDATA[Ummi Mar’atus Sholihah]]>
<![CDATA[ Asy-Syari'ah Vol 16, No 1 (2014): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v16i1.623
<![CDATA[Nafkah is one of the important things in the household. Therefore, the rules relating to nafkah is needed to be studied. However, there is a different opinion among the jurists on the issue of the nafkah, such as a matter of nafkah for wives who nushuz. Imams Al-Syâfi‘î, one of the leading jurists and one of the imams mazhab argued that a wife who nushuz could abort a right to get nafkah, unless she returned from her nushuz (disobedience). This perspective is different with the opinion of Ibn Hazm which he stated that providing nafkah for wife who nushuz is allowed. He was due to differences methodology and basic laws that are based on the determining of the jurisdictions and laws through both their opinion about nafkah for nushuz’s wife.]]>
<![CDATA[KONFLIK KPK VS POLRI JILID III: KONTESTASI KUASA DALAM PENEGAKAN HUKUM DI INDONESIA ]]>
<![CDATA[Asep Abdul Sahid]]>
<![CDATA[ Asy-Syari'ah Vol 18, No 1 (2016): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v18i1.655
<![CDATA[Komisi Pemberantasan Korupsi (KPK) and Polisi Republik Indonesia (Polri) are two state law enforcement institutions. Indeed both institutions can carry out the organization of law enforcement, particularly in combating corruption, in shoulder to shoulder. But less than a decade, both institutions practice it often indicates that fights enemy volumes. The aims of the sstudy in this paper is to identify, to analyze, and to formulate how the KPK-Polri has a relations in a configured-usurpation than shoulder to shoulder in law enforcement. The corpus study is a series of events conflicts KPK vs Polri Volume III, triggered by the determination of Commissioner General Budi Gunawan as a suspect and arrest event Widjojanto by the Police as well as efforts to make the entire leadership of the KPK suspects. This study indicates the charge contestation or dispute the power ini law enforcement eradication of corruption. The indicators include conjoined twins jurisdictions, law enforcement power struggle, and political events set in law.]]>
<![CDATA[REKONSTRUKSI “ISLAM TEH SUNDA, SUNDA TEH ISLAM” ]]>
<![CDATA[Abdurrahman MBP]]>
<![CDATA[ Asy-Syari'ah Vol 17, No 2 (2015): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v17i2.646
<![CDATA[This paper describes the background of the “Islam teh Sunda dan Sunda teh Islam” means that “Islam is the same as the Sunda and Sunda that is Islam”, the term, was introduced by Haji Endang Saefudin Ansari. To know the term, the authors will focus on the discussion of the history of the emergence of the term “Islam teh Sunda dan Sunda teh Islam”, the development of the term “Islam teh Sunda dan Sunda teh Islam”, and the reconstruction of the term “Islam teh Sunda dan Sunda teh Islam”. The findings were obtained by the author of the term “Islam teh Sunda dan Sunda teh Islam”, namely: (1) the term “Islam teh Sunda dan Sunda teh Islam” is the reality of the Sundanese people who have accepted Islam because in harmony with the values of their kesundaan; (2) alignment of the Sunda and Islam looks of their belief in the existence of God the Creator and Owner of Nature (monotheism) as well as the behavior and ethics of Sunda in harmony with the manners and morals of Islam; and (3) Reconstruction of the term “Islam teh Sunda dan Sunda teh Islam” carried out by the foundation reaffirm tawhidullâh (belief in one Allah), build supporting pillars in the form of refund Hanif nature of mankind and formulate the roof as an umbrella that is fiqhiyyah rules especially rule “al-‘âdah al-muhakkamah”.]]>
<![CDATA[AKAR PEMIKIRAN REALISME DALAM HUKUM ISLAM ]]>
<![CDATA[Yusuf, Anwar Sofiyudin]]>
<![CDATA[ Asy-Syari'ah Vol 17, No 1 (2015): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v17i1.637
<![CDATA[Talking about realism in Islamic law, it is still a very interesting to be studied, especially if it confronted to the characteristic of idealism in Islamic law. As if they become two magnetic poles which will never be united, realism can be a threat to the ideals of Islamic law itself. In the idealism view, reality must be subject to the law, but in realism view, it is the opposite, it mean that the law should follow reality. However, it is not important whether the law follows the reality or otherwise. The faithful law should follow reality. Because in the end, the legal system is needed to be resolved in every case that occurs in the community. Sosial reality in fact be an important entity in influencing the formation of Islamic law, in the form of fatwas of scholars, Judges decision or the books of fiqh, and not least the Quran and Hadith.]]>
<![CDATA[ANATOMI KEABSAHAN BUNGA BANK DALAM PERSPEKTIF TEORI LIMIT MUHAMMAD SYAHRÛR ]]>
<![CDATA[Dadang Abdul Qadir]]>
<![CDATA[ Asy-Syari'ah Vol 16, No 1 (2014): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v16i1.628
<![CDATA[Riba is an excess of the capital, which is including all types of loans that used a lot or a little an extra. The majority of Muslim stated that interest and usury (riba) are the same, so that the interest became haram. Nevertheless, Muhammad Syahrûr said that the interest is not usury (riba), for not reaching 100% of the capital invested. He used a different methodology than the majority of Muslim scholars. He developed his own methodology in making a law. One of them is the theory of limits. The term limits (hudûd) is used referring to the sense of the limits of the provisions of God that should not be violated, but there is a region for ijtihâd which are dynamic, flexible, and elastic. The method used in this paper is descriptive, whereas technical for collecting data is literature study, especially the book written by Muhammd Syahrûr , namely al-Kitâb wa al-Qur’ân: Qirâ’ah Mu‘âshirah.]]>
<![CDATA[KRITIK HUKUM ISLAM TERHADAP PERUBAHAN UNDANG-UNDANG NOMOR 38 TAHUN 1999 TENTANG PENGELOLAAN ZAKAT ]]>
<![CDATA[Ahmad Fathonih]]>
<![CDATA[ Asy-Syari'ah Vol 18, No 2 (2016): Jurnal Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v18i2.660
<![CDATA[Zakat is believed as part of Islamic legal doctrines. It means that Islam will never stand up without supported by zakat because it is also placed and mentioned in the Quran. As one of Islamic doctrines, the Quran describes the importance of zakat similar with praying shalat like quoted in the surah al-Baqarah verse 277. It is actually seemed that every Muslim needs to do shalat as a ritual activity and zakat is both ritual and social. This paper explains the position and function of zakat that is regulated under the law of zakat number 38 of 1999 as one of Islamic law instruments to increase the development of economy in Indonesia.]]>
