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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 08548722     EISSN : 24430757     DOI : 10.14421/ajish
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
2nd Floor Room 205 Faculty of Sharia and Law, State Islamic University (UIN) Sunan Kalijaga, Marsda Adisucipto St., Yogyakarta 55281
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Articles 13 Documents
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Search results for , issue "Vol 47, No 1 (2013)" : 13 Documents clear
Perdagangan Berjangka Komoditi Dalam Perspektif Analisis Usul Fiqh Fatum Fatum
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

In the realm of classical fiqh, we know the sal?m, a contract ordering an item with agreed criteria and with a cash payment when the contract is executed. Futures Contracts are kind of buying and selling the indicated in the category of sal?m. Substance which is slightly different with regards, born in non-Muslim countries, and the fact that this practice is quite common place in Indonesia, making Futures Contracts interesting to study. The question that eventually arises is, how u??l fiqh view this practice? The questions will be, whether this practice is allowed by Islam? This paper seeks to answer the question.
Pemungutan Pajak Bumi Dan Bangunan Oleh Pemerintah Kota Yogyakarta Kritik atas Peraturan Daerah Kota Yogyakarta Nomor 2 Tahun 2011) Faisal Luqman Hakim
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

Since the enactment of Law Number 28 Year 2009 voting Land and Building Tax (PBB), which is the authority of the central government turning to local authorities. So that local governments can levy the PBB must have a local regulation as its legal basis. Actually it is very potential to be able to provide improvements to the original income (PAD). Unfortunately, not all areas are ready to implement. From 492 existing local government, only about 245 local governments that already have a regulation of PBB, 64 local governments are still in the process and 183 local governments have not compiled at all. Local governments are already doing PBB since in 2011 only Surabaya City Government, then in 2012 increased 17 local governments (including the City of Yogyakarta), and in 2013 there are 113 local governments plan, and in 2014 there will be 117 local governments. To be able to pick up PBB Yogyakarta Government issued Regulation Number 2 of 2011, but the contents of this legislation still needs to be improved because there are chapters that give rise to many interpretations, there is also the use of the word/term is confusing and unclear, the inclusion of legislation as a basis law is no longer valid, and there is a conflict with the legislation higher. The articles need to be improved such as in the section 3 Given the points, then Article 1 paragraph 15, Article 1 paragraph 16, Article 1 paragraph 17, and Article 1 paragraph 18, Article 4, Article 16, Article 29, Article 34 , and Article 36.
Analisis Penerapan Metode Bi Al-Ma'sur Dalam tafsir Ibnu Katsir Terhadap Penafsiran Ayat-Ayat Hukum Nurdin Nurdin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

afs?r al-Qur?n al-A??man exegete Ibn Kathirs work. Feature is that the sharpness of analysis in reviewing the problems associated with the interpretation of the verses of the Koran. Differences of opinion are clearly presented, and then criticized the arguments put forward strong and defensible. The language is very easy to understand. Ibn Kathir using bi al-matsur. he was very careful and did not stick to the liberal and verses of the Koran, hadith, atsar friend and opinions of the scholars of the Salaf. But it looks less consistency in the interpretation of the piece QS al-Isr?: 78 of the Asr prayer and evening prayer time. Determine both prayer time, he was not based on history or the opinion or tabiin Companions (as one method of bi al-matsur). He interprets the verse pieces with al-rayi (ratio). Did Ibn Kathir consistently apply the method of bi al-matsurin the interpretation of legal texts? Based on the study, interpretation of Ibn Kathir in the verses of the law, never out of frame jumhur, and he always rejects the notion that outside Sunni or Ahlus Sunnah.
Asuransi Dalam Perspektif Hukum Islam Uswatun Hasanah
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

In Islam, insurance has actually been practiced since the time of the Prophet Muhammad saw. The precursor of Islamic insurance, according to some scholars is al-diyah `al? al-`?qilah. Al-`?qilahis the habit of Arab tribes having been practiced long before Islam where if one member of the tribe were killed by other tribe members, the heirs of the victim will be paid with blood money (al-diyah) as compensation by the next of kin of the killer. Next of kin of the killer is known as al-`?qilah. After the arrival of Islam, al-`?qilahsystem was approved by the Prophet PBUH as part of Islamic law. Furthermore, al-`?qilah was contained in the Charter of Medina. In the next period, this al-`?qilahor insurance continued to be practiced by the caliphs, especially during Caliph Umar ibn al-Khattab until now. Islamic Insurance or sharia-based insurance is more nuanced with generosity rather than profit oriented. Therefore, the aspect of mutual help always serves as a primary basis of the practice of Islamic insurance. Islam regards insurance as a social phenomenon formed on the basis of mutualhelp and a sense of humanity. Today Islamic insurance is growing rapidly in many countries. This suggests that Islamic insurance is quite attractive to the public in various countries. The problem is, until now there are many people including some Muslims who do not understand Islamic insurance.
Dimensi Keadilan Pada Penetapan Ahli Waris Hajar M
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

Allah the Almighty is convinced as the judge and law maker who are the Most Just. Every law, includes inheritance law is created by Him very justly. To determine the values of justice, it is necessary to do a research and deep observation. This article explores justice dimension of inheritance law, especially to heir. Justice dimension on determining heirs involves three things, namely descent, priority level, and inheritance obstacle. The descent on heir is started from birth which causes blood relationship that responsibilities between inheritance owner and heir appear. It also includes rights and duties on marriage relationship. Priority level among heirs is based on responsibility intensity so the justice on rights of heirs which fits status and relatives power to inheritance owner appears. To give the other heirs chances receiving equal rights, there are some rights of heirs are reduced. Inheritance obstacle owns justice values because of no responsibilities among of them. Thus, mutual commitment for implementing Islamic law of inheritance is needed.
Konstribusi Pembiayaan Perbankan Syariah Terhadap Pengembangan Usaha Mikro Kecil Dan Menengah (UMKM) Di Kota Makasar Muslimin Kara
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

The Characteristic of Islamic banking is different with Conventional bank in terms of interest system in which Islamic banking is based on core product in sharing profit such as musy?rakahand mu??rabah. It is therefore the existence of Islamic banking should have a significant impact on real sector development. One of a such real factor that must be established is small and medium Micro Finance (UMKM) where has significant contribution in national economic development for employment recruitment and Domestic Bruto Income (PDB) as well as its stability in encountering economic crisis. The Islamic banking allocation for UMKM in Makassar has flucktuative improvement (2010-2011). Although its contribution for Micro Finance is not yet optimum, it has great prospects with respect to the quality of UMKM that never receives budgets.
Konsep Ta'abbudi Dan Ta'aqquli Dan Implikasinya Terhadap Perkembangan Hukum Islam La Jamaa
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

The concept taabbudirelating to matters of worship ma?dah, and taaqqulirelating to the affairs and worship gairu ma?dah. Taabbudiabsolute, static, and its existence is not based on mere outward benefit, while taaqquliis relative, not static, and its existence is based on the benefit to humans so it is rational. However, in each taaqqulidefinitely embodied the values of worship. Instead, at each contained taabbudialso for human benefit. Both of these concepts have great contribution in the development of Islamic law.
Persaingan Strategi Politik UMNO Dan PAS Di Malaysia (Dari Wacana Syariat Islam hingga Konsep Islam Hadhari) Hamdan Daulay
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
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.2013.47.1.%p

Abstract

The shifts of Islam politics in Malaysia are very interesting to watch and observe, especially the political phenomenon done by UMNO and PAS. UMNO as the ruling party which is Malay-and-Islam-based is competing hard with PAS as the opposition which is also Malay-and-Islam-based. These two parties underwent political shifts as the political dynamics happened in society. UMNO was at first known as a secular party supported by the elite of the party having western education background. In its development, UMNO shifted into a party with many policies that somewhat benefited Malay ethnic and the Muslims. This shift, which benefited the Muslims and Malay ethnic, happened in the era of Mahathir Mohammad.
Rekontruksi Asas Perbuatan Melawan Hukum (Onrechtmatigedaad) Dalam Gugatan Sengketa Konsumen Tanaya, Velliana
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2013.%x

Abstract

In a dispute over consumer protection, the plaintiff in this case is that consumers do not necessarily use the basic claim (posita) with the construction of Tort, but need to be reviewed again is there any legal relationship between consumers and business actors. If there is any relationship between the consumer and an entrepreneur based on contract thus the claim is based on breach of contract and if the consumer complaint using the qualification of tort, then the contractual relationship is not required. It is necessary to reconstruct the lawsuit to avoid an obscuur libel lawsuit which will end up to be niet ontvantkelijkverklaard.
Problematika Pendekatan Analogi (Qiyas) Dalam Penetapan Hukum Islam (Telaah atas Pemikiran Ibn Hazm dan Ibn Qayyim al-Jawziyah) Wirman, Hardi Putra
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2013.%x

Abstract

Existence of qiy?s (analogy) as an effort to dig an Islamic law, it still remains a problem and the debate in a long period of time. Whereas qiy?s is the mainstay of scholars when a problem is not found in the legal status of the Koran, Sunna and ijm?. In this paper, before authors explore the views and ideas of Ibn Hazm and Ibn Qayyim about qiy?s, authors will describe a little about the views of scholars of Fiqh jumhur against qiy?s position as one of the methods of determination of law in Islam. At the end of the paper, the authors found that the concepts of Ibn Hazm would be very difficult to be followed by the public, because it assumes that the Koran was the final, and the use of reason to interpret something that is absolutely forbidden. While Ibn Qayyim adapted more impressed with the changing times. But liberalism of Ibn Qayyim in using Intellect needs to be addressed and responded wisely. Because, in the absence of control, the use of reason in the sphere arbitrarily Islamic law will also be able to fade the purity of the teachings of Islam itself.

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