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<![CDATA[KONSEP DAN IMPLEMENTASI AL-‘ÂMM DAN AL-KHÂSH DALAM PERISTIWA HUKUM KONTEMPORER ]]>
<![CDATA[Sofian Al Hakim]]>
<![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.v17i2.651
<![CDATA[Al-Quran is a way of life for Muslims, then of the Koran becomes important to study because it is considered as the practice of most of the renowned and as a source of Islamic law (mashâdîr al-Ahkâm) in resolving a problem. The device to be able to issue a law from the source (al-Quran) is called ijtihad. One of the main tasks of a mujtahid must understand the text (Nash), which is better to understand the meaning of a lafaz, area, object, and how the appointment lafaz on the meaning and the type and degree of his dilalah. Experts ushûl fiqh divide this theme into two parts, namely the appointment (dilâlah) text on a meaning and appointment (dilâlah) directly on the legal texts of syara‘. Appointment (dilâlah) text on a meaning it includes the study ‘âmm and khâsh. Therefore, this paper will be focused on the concept and implementation of the 'Amm and khâsh in legal events in the present, so that there is clarity about the legal position that is not explicitly described in the al-Quran and al-Sunnah.]]>
<![CDATA[KEGAGALAN HUKUM DI INDONESIA DALAM MENCIPTAKAN KEPASTIAN HUKUM TERKAIT SENGKETA KEPAILITAN PERBANKAN SYARIAH ]]>
<![CDATA[Yudha Indrapraja]]>
<![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.v17i1.642
<![CDATA[The growth of Islamic Bank in Indonesia can lead to potential disputes between the customer and the Islamic bank. In this case, there was regulation in Islamic Banking as well as to govern Islamic Banking disputes that was in Sharia Banking Law Number 21 of 2008. Unfortunately the explanation of Article 55 of this Act has caused by legal uncertainty that is given by the presence of two authorized judiciary in resolving disputes in Islamic Banking litigation. However, Panel of Judges of the Constitutional Court in its Decision Nomor 93/PUU-X/2012 decided to entire Islamic Banking Dispute Resolution into religious court jurisdiction. In reality, not all Islamic Banking Dispute Resolution into religious court jurisdiction. Islamic Banking Bankruptcy Disputes are still handled by the Commercial Court, which are located within the General Court. This paper will provide an overview of Islamic Banking Dispute Resolution before and after the Sharia Banking Law Number 21 of 2008, general description of the decision of the Constitutional Court, the Islamic Banking Dispute Resolution after the issuance of the decision of the constitutional court, and the Islamic Banking Bankruptcy Dispute Resolution before and after decision the Constitutional Court.]]>
<![CDATA[REKONTRUKSI FIQH ZAKAT PERHIASAN DALAM PERSPEKTIF QADHI ABU SYUJA‘ AL-ASFAHANI DAN A. HASSAN ]]>
<![CDATA[Deden Muhammad Jamhur]]>
<![CDATA[ Asy-Syari'ah Vol 16, No 2 (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.v16i2.633
<![CDATA[The issue of zakat would be interesting to be discussed. It is not caused by some kind of zakat, but more. In the fact, Muslim could not be separated from zakat. The zakat is a medium to purify himself and his property. Zakat of Jewelry is one of type of zakat, and became an important position in human life. However, there was a difference of opinion among Muslim scholars about the obligation to implement the zakat of jewelry. Qadhi Abu Syuja‘ Al-Asfahani said that zakat of jewelry must not to be implemented, but if we has an excess of jewelry. Whereas A. Hassan, he said that zakat should be accomplished without waiting haul and nishab. Zakat of jewelry is something that was not touched directly by the texts of the Qur'an, but the issue of jewelry zakat lies at a certain hadiths. Qadhi Abu Syuja‘ Al-Asfahani argued based on mawquf hadith from Jabir bin Abdillah. And A. Hassan argued based on the Hadith Shahih. This paper attempts to explain a tought of both scholars about their opinions in implementing of zakat of jawelry.]]>
<![CDATA[NEGARA HUKUM DAN POLITIK HUKUM ISLAM DI INDONESIA: CATATAN KRITIS ATAS PEMIKIRAN NURCHOLISH MADJID ]]>
<![CDATA[Undang Hidayat]]>
<![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.v18i2.665
<![CDATA[Many muslim scholars believed that the idea and model of legal state had exsited since the first hijriya Islamic century ago, when the prophet of Muhammad SAW declared Madina State, including with all instruments and its requirement of the state such as territory, constitution, society, and declaration. This view is also admitted by the Western Scholars who stated that the Prophet of Muhammad SAW had successfully implemented the bases of political authority and the model of the strongly modern state with the spirit of democracy in the past.]]>
<![CDATA[TAFSIR AYAT AHKÂM GENDER (Kajian tentang Bagian Hak Waris dan Kepemimpinan Perempuan) ]]>
<![CDATA[Neni Nuraeni]]>
<![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.v16i1.624
<![CDATA[At the centuries ago, the tradition of the inheritance distribution was main provisions by their ancestors in which the children and women are prohibited from getting the inheritance. Even, a widow is part of the inheritance that allowed to be inherited and contributed themselves. This situation continued until Islam came and freed women from a variety of oppression. However, this did not completely solve the problem of differences between the rights of men and women. It means there are still some verses being debated, for example the verse which explains the distribution of inheritance and leadership. This paper attempts to discuss issues related to these two issues that are the inheritance and leadership]]>
<![CDATA[EKSISTENSI HUKUM WARIS DI INDONESIA: ANTARA ADAT DAN SYARIAT ]]>
<![CDATA[Komari Komari]]>
<![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.v18i1.656
<![CDATA[This paper explains about the application of inheritance law in Indonesia which is strongly influenced by three law systems such as Islamic law, customary law, and Western law. At the beginning of Islam in Indonesia, Islamic law is very dominant in the implementation of Islamic inheritance law which is intergrated with culture and tradition among Muslim society. In Colonial period, the government of Dutch East Hindia started to establish Western law for European and East Asian people. But for the Muslim citizens in Indonesia was implementting the combination of Islamic law and customary law. In the independence period, the political of law has been changed through unification and codification of Islamic law into the Indonesia rules formally, including in the application of Islamic inheritance law. As long as this policy, Islamic inheritance law in Indonesia has a characteristic of the combination between Islamic law and customary law.]]>
<![CDATA[PERKEMBANGAN TEORI MASHLAHAH ‘IZZU AL-DÎN BIN ‘ABD AL-SALÂM DALAM SEJARAH PEMIKIRAN HUKUM ISLAM ]]>
<![CDATA[Enden Haetami]]>
<![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.v17i2.647
<![CDATA[This paper explains that mashlahah is one of Islam law methods that is very dominantly used to the Ulamasin Islamic Jurisprudence. Even though the Koran and the Sunna are assumed as the primary sources of Islamic law (qath‘îy), there is a lot of famous ulama and Muslim scholars who placed mashlahah as the primary sources of Islamic jurisprudence. Moreover, even though the position of mashlahah is assumed zhanniy, butin various cases – especially in Islamic Private Law – it is seldom placed higher than the other methods such as ijma‘, qiyas, istihsân, istishhâb, syadd al-dzari‘ah, syar‘u man qablana, and ‘urf. He used a logical of law that everything from God can be referred to the sacred texts (Nash), and everything from human being can be solved by mashlahah.]]>
<![CDATA[SEJARAH SOSIAL HUKUM ISLAM DI ASIA TENGGARA; STUDI PEMBERLAKUAN DAN PENGKODIFIKASIAN HUKUM ISLAM DI MALAYSIA ]]>
<![CDATA[Ahmad Fathoni]]>
<![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.v17i1.638
<![CDATA[In Southeast Asian countries today, Islamic law issues besides worship and ahwal al-syakhsiyyah field (Family) are a cultural phenomenon of the people which the background can be seen from various aspects. Islamic law in Malaysia has experienced a dynamic and sustainable development, both through the channel of political infrastructure and superstructure. In addition, the dynamics of development is motivated by the realities, demands and support, as well as the will for transformation efforts of Islamic law into the legal system of Malaysia. This paper will attempt to explore the social and political situation of the applicability of Islamic law in Malaysia]]>
<![CDATA[POLITIK HUKUM ISLAM DALAM SISTEM HUKUM TATA NEGARA REPUBLIK ISLAM IRAN ]]>
<![CDATA[Undang Hidayat]]>
<![CDATA[ Asy-Syari'ah Vol 16, No 2 (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.v16i2.629
<![CDATA[Iran is one of the Muslim countries with predominantly population which follow the Shiite ideology and system of government as well as representing prototife modern Islam. Imamate system applied in the constitutional system of the Islamic Republic of Iran represents a form of legal awareness and political will of the authorities to submit to Islamic legal doctrines. The most unique characteristic of the political development of Islamic law in Iran is political reform in the early days after the Islamic revolution, Ayatollah Khumayni perform as well as religious and political leaders. But in its development, religious leaders separated by political leaders. However, the fact that khumayni still the religious leaders and the president in the political perspective. Thus, all policies in the various State agencies in Republic Islam of Iran must be following to Khumayni.]]>
<![CDATA[ASAS-ASAS BANTUAN HUKUM DAN PERAN HAKAM DALAM PENEGAKAN HUKUM: STUDI KRITIS ATAS TAFSIR AL-QURAN SURAT AL-NISÂ’ AYAT 35 ]]>
<![CDATA[Didi Kusnadi]]>
<![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.v18i2.661
<![CDATA[This paper explains the bases of legal aid in Islamic law through a critical study on the concept of hakam reduced from the Quranic interpretation Surah al-Nisâ’ verse 35. As a primary source of Islamic law, the Quran is believed guarantying the universal principles of Islamic law that is relevant with law enforcement. It is also implemented practically and comprehensively in the line of the bases of legal aid and developed it into the concept of hakam. Therefore, it can be seen as one of Islamic law contribution within the rule of law in Indonesia through the concept of hakam which can be formed for development of legal aid concept and its application within the law of legal aid in Indonesia.]]>
