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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
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Articles 13 Documents
Search results for , issue "Vol 46, No 2 (2012)" : 13 Documents clear
Kewajiban Nafkah Hadanah Dan Rada'ah Terhadap Anak Di Indonesia Iman Jauhari
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

Effect of busy parents often neglected duty towards their children. So in this paper a problem concerning maintenance obligations hadanah and rada'ah for children. The method used is the approach to library research with content analysis of the various references relevant to the subject matter covered. Parents are obliged to provide a living hadanah against children because a child needs someone who can nurture, guide and educate well. Obligations of parents towards children has been started from the time the fetus until the baby where the mother is obliged to provide a living rada'ah (feeding the baby) in addition to the health of the baby also for the health of the mother. In Islam keeping the kemaslahatan and survival of a child is a parental responsibility, which should not be ignored either by the mother or father.
Legitimasi Resolusi Dewan Keamanan PBB dalam Konflik di Darfur Sudan Lindra Darnela
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

Massive demonstrations in several Arab countries lead to a civil war among the citizens. This is of special concern to the United Nations as the global nature of international organizations to participate in the intervention of the conflict accompanied by making resolutions. These cases are suing back the legitimacy of international law, especially international organizations like the UN. In this study describes about the legitimacy of the UN Security Council resolutions, and thenapply it to analyze the conflict in Darfur. The UN is an international organization which is the subject of public international law, so that the resulting public policy becomes legally binding for member states based on the collective legitimation. In the application of collective legitimation is in practice often does not correspond to the value of morality and even a lot of opposition as in the case of the conflict in Darfur whose governments openly reject the contents of the resolution issued by the United Nations.
Meretas Involusi Kajian Hukum Islam di Indonesia: Pengalaman Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta Noorhaidi Hasan
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

The study of Islamic law requires a shifting paradigm from text to context and demands an inter-disciplinary approach involving various disciplines in social sciences. A text-based legal-normative approach is no longer adequate to ensure the relevance of the study of Islamic law with the current changes as a result of modernization and globalization. Perspectives of social sciences provides not only the lens to see Islamic law as a fact social, but also offers the analitical frameworks to explain how Islamic law engages with the context and receives new meanings and interpretations in its complex interaction with other forms of social practices. In tandem with growing awareness among Muslim intellectuals of the importance of actualizing Islamic law with the spirit of changes, the studies and researches at the Faculty of Sharia and Law at Sunan Kalijaga State Islamic University of Yogyakarta have thrived by utilizing and integrating social sciences into their paradigm, method and analytical construct. Within this context the so-called "mazhab Yogya? came into being. This new trend of thought pays a special attention to the effort of reactualizing fiqh as knowledge about the basic principles used as a reference in formulating Islamic law in accordance with local context.
Dialektika Realitas Kemanusiaan Dan Hukum Al-Qur'an Muhammad Erfan
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

From the fourth traditional Islamic studies that have established, namely fiqh studies (ilm al-fiqh), kalam studies (ilm alkalam), tasawwuf studies (ilm al-tasawwuf), and Islamic philosophy (al-falsafah or al-h}ikmah), Islamic lawknown fiqhis a dominant discipline in the Moslem comprehension about their religion. In this domain, Islamic law is a piety parameter for Moslem in embodiment the value of such Quranic law. But, there is a fact that the values of Quranic law have a historical dimension of Arabic community. Therefore, there must an effort to uncover the role of Arabic tradition toward Quranic law productivity. Although in the other domain, al-Quran is a transcendental word of Allah, but when al-Quran have manifested in Arabic life, and Arabic language is an official language of it, its meant al-Quran is a part of Arabic reality. Besides that, Quranic text has also growth in line with Arabic reality. Hence, Quranic law which derived through text is a divine respond, universally or partially, toward a reality in which there is a historical humanity of Arabic community. Consequently, at the time is in outside of Arabic reality, Quranic laws must be criticized and adjusted with such contemporary reality.
Kebijakan Penanggulangan Kejahatan Studi Terhadap Resolusi Kongres PBB VIII/1990 Tentang Computer-Related Crime Ahmad Bahiej; Ach. Tahir Ach. Tahir
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

The research aims at exploring and finding the fact on implementation of resolution of the Nation Union Congress VIII/1990 on Computer-related Crime at State Islamic University of Sunan Kalijaga. It is significant to know what extent the university responds to national and international issues on development of cyber crime. The university, the oldest institution of islamic studies in Indonesia, has moralistic responsibility for encouraging the government in implanting awareness on development and danger of cyber crime for people, in particular for the universitys lectureres, students, and administrative officers. It is a field research strengthened by library data and based on normatively -empirically-qualitatively legal approach. Its objects are curriculum, regul ations, deans or vice deans of academic affairs, Centre for Computer and Information System of State Islamic University of Sunan Kalijaga, and libraries around the university. The data are collected through depth interwiew with the rector or vice rectors, deans or vice deans, director of the centre, chairman of libraries, and several communities of hackers. In addition, the data collection is strengthened by spreading questionnaires to the universitys students in deal with students behaviors on internet.
Syari'ah - Fiqih - Hukum Islam : Studi tentang Konstruksi Pemikiran Kontemporer Syafaul Mudawam
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

Islamic terminology, according to contemporary Islamic studies, has led to serious confusion, if Sharia terminology studied in the narrow sense, and the proportion of study Law. Sharia is built in the classical period, even up to the contemporary period substantively unchanged, ie as the basis for determining the rules of Islamic legal norms from authentic sources (al-Quran and as-Sunnah). Norma managed Shariah law has symmetry relations with other Islamic values (ethics and theology), it's all equally reduced from the original sour ces of the Qur'an and the Sunnah, then externalized in action for religious entities. In this case, the Shariah, Fiqh and Islamic Law is located on the same ordinate point and not on the same precision, because each has been studied and developed by different professions and disciplines, them were the Ulama, Fuqaha, Qadi and Legal Expert .
Filsafat Hukum Islam : Implikasi Logis terhadap Konstruksi Pendidikan Islam Mukhammad Ilyasin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

For a long time, Islamic law have wrestled with reality, and its proved that methodology of Islamic law is always suitable with anything era. Of course, it is caused by role of philosophy Islamic law in which there are two methodology, that is falsafah al-tasyri' and falsafah al-syari'ah. From both of them, we can know any wisdom about enacted the law (hikmah al-tasyri) and intention of law and the secret of law (asrar al-ahkam). With such paradigm, construction of Islamic education theory must be suitable with era growth and hoped in line with both of the Islamic law analysis. As a result, Islamic education theory can be able to growth itself according to moving era and human characteristic as a subject and also object of Islamic education.
Pergumulan Politik Hukum Perkawinan Islam Dan Adat Di Indonesia Kamsi Kamsi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

The establishment of the law should not be in a vacuum but rather cultural particularities of the community with their cultural roots. Because the law in the service of society, the legal system must also trademark the same cultural roots communities it serves. Therefore, it becomes inevitable that the political vision of making the culture of the community and the interests of different political, economic, social, cultural (poleksosbud) is a parallel society. Accordingly, periodically in line with the historical appearance of terms of customary law, then the exposure will be described in periodically. First is the forms of the Dutch government's policy towards the Islamic law and custom. It is important to understand the different kinds of consequences caused by the policies of the colonial legal system. While the second part of the discussion is the relationship between Islamic law and custom in the independence of Indonesia, so that an image between the two legal systems is obvious.
Rasionalitas Ekonomi : Homo Ekonomicus VS Homo Islamicus (Analisis Terhadap Sistim Ekonomi) Rosnani Siregar
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

Sharia economy has an economic system characteristics that it is own economic system, can be said to have differences with other economic systems. All facilities and infrastructure that is used to obtain the necessities of life in the world is not solely oriented to the life of the world alone but are closely related to the afterlife. While other economies; capitalist and socialist economies are solely oriented to the life of the world alone. Shariah economic rationality can be seen on the economic principles of Sharia and the basic principles of system used. Principle - the principle of Islamic Economics, are the justice and sociological value of wealth. The basic principle of Islamic banking system is profit-sharing system as an alternative. Capitalist economic system which gives freedom to every individual to exploit the earth. The capitalist system has several indicators; No uniform, no harmony, con-profit, materialistic, moral crisis, aside Welfare. Socialist Economic System are all forms of production and sources of revenue to the state-owned and regulated by the state then, used to all the people. There is no free will on economic system of society that it is contradiction to the human right it shelf.
Bangunan Baru Epistemologi Keilmuan Studi Hukum Islam Dalam Merespon Globalisasi M. Amin Abdullah
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2012.46.2.%p

Abstract

The term Maqasid al-Syariah is closely linked to the Islamic Studies, especially in the field of the study of Islamic law and Islamic jurisprudence. Some Muslim thinkers, like al-Syatibi (d. 766/1388) in his work al-Muwafaqat and al-Tufi (d.716/1316) in his Risalah are the most representative of them. This article will introduce the development and the enrichment of Maqasid al-Syariah theory in contemporary era via Jasser Audas thought. A difference from the previous theory of Maqasid al-Syariah, this contemporary theory of Maqasid al-Syariah can only be understood and developed, if and only if the Islamic law thinkers can and be able to integrate two different type of scientific approaches, namely Historical approach and Philosophical approach in the same time. Historical approach very keenly alerts the development and the movement of concept, meaning and interpretation in the understanding of Islamic law from the traditional, modern to post-modern era. While philosophical approach utilizes the systems theory a theory which is commonly used in the sciences in the operationalization of those conceptual entities. This systems theory involves six features, namely cognition, wholeness, openness, interconnectedness, multidimensionality, and purposefulness. In the language of scientific and institutional transformation of IAIN (State Islamic Institute) to UIN (State Islamic University) in the Islamic higher education in Indonesia around the year 2000th, this changing scientific outlook is patently well known as integration interconnection of scientific discourse.

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