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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
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Articles 10 Documents
Search results for , issue "Vol 48, No 1 (2014)" : 10 Documents clear
Islamic Law In A Secular State : A Study Of The Distinctiveness Of Islamic Law In Indonesia Bani Syarif Maula
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

As a country of the largest Muslim population in the world, Indonesia is not an Islamic state. However, Indonesian government still accommodates the aspiration of Muslims to practice their belief and even to implement some aspect of Islamic law (sharia). Political situation in Indonesia and the aspiration of Muslim society have given the opportunity for sharia to be implemented formally. Therefore, it is essential for the ruler in a new democratic environment to accommodate Muslim aspiration to implement sharia law, especially in national levels.This essay concludes that mutual influences between local traditions and Islam has formed a distinct characteristic of social structure of Muslim society in Indonesia. The fact of this characteristic has made some Indonesian Muslim intellectuals realized that the classical imported sharia was not suitable to Indonesian context. Therefore, contextualizing and reinterpreting Islamic law for Indonesian Muslims is actually the best effort to implement sharia in Indonesia amongst many demands of re-installment of sharia law.
Prinsip Ibahah Sebagai Solusi Hukum Terhadap Kelemahan Prinsip Wadi'ah Dan Mudarabah Dalam Undang-Undang Perbankan Syari'ah Khoirul Hidayah; Suwandi Suwandi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

ASEAN Free Trade Area (AFTA) and ASEAN Economic Community (AEC) in 2015 have effect to liberalization in good and services in ASEAN area. To face AEC, sharia banking must support with regulation and law assurance. The writer have argument that some incorrect principles in sharia banking law. Wadiahand mud?rabah principles do not benefit in syariah banking. Those principles untruth in Islamic sharia. There are mass deception in principles using, Islamic sharia concept are not the same with the practice. Ib?hah principle is the law solution to subtitute the wadiahand mud?rabah principles. It is general principle in economic which allowed in any way as long as not contradiction with regulation.
Proses Pelaksanaan Penyelesaian Perselisihan Di Lembaga Peradilan Adat Aceh Tingkat Gampong (Desa) Yusi Amdani
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

Customary and Adat law is one of the directional tool in determining attitudes and behavior within the limits that have been justified by customary law. The aim in this paper is to examine the legal basic, the principles and objectives Indigenous justice, structure and scope of responsibilities of Indigenous leaders, and enforcement of Indigenous justice. The methode used in this paper are normative and empirical legal research. Legal dispute settlement arrangements in the Aceh Indigenous Judiciary 4th sila Pancasila and this has been recognized by the National Law of Indonesia. Customary justice aims to create balance and peace in society, protecting the rights of victims of crime and people can live in harmony back disputing. The device consists of a village justice element of village government, scholars, intellectuals and other traditional leaders. The implementation of the decision by Keuchik done in a ceremony set at a time mutually agreed.
Qisas Dalam Islam Dan Relevansinya Dengan Masa Kini Zikri Darussamin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

Qi???in the terminology of Islamic law is a retaliation applied in cases of killing (qi??? f? an-nafs) and of uncritical wounding (qi??? f? m? d?n annafs). Is it now relevance or not to exercise qi???in order to prevent such cases? Nowadays, the debate on this issue continues to flourish, which is apparently hard to concur for those who involve in this debate stand on two different grounds, namely religious belief vs humanistic perspective. Be that as it may, one cannot deny the fact that while qi?h??constitutes one of Islamic doctrines that every moslem uphold, the application of qi?h??itself seems to have greater effects on the society with which they can maintain proper human rights.
Kegentingan Memaksa Atau Kepentingan Penguasa (Analisis Terhadap Pembentukan Peraturan Pemerintah Pengganti Undang-Undang (PERPPU)) Muhammad Siddiq
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

The arguable on explanation of circumstances of compelling crisis in making PERPPU (emergency law), has a possibility to create abuse of power. President, as an executive possessors in Indonesian constitutional law, has fully given absolute subjective rights in creating PERPPU. President is the only one person who has authority to interpret circumstances of compelling crisis regarding on government condition, whether it is in a good condition or not. Due to PERPPU characteristics is very subjective, it has possibility to mislead from its main meaning and purpose. It could be possible that president personal interest might be accommodated in a PERPPU, because of his authority in making PERPPU. For the time being, there is no regulation which interpret clearly circumstances of compelling crisis and its requirement, to explain whether the situation is in emergency or not. Because of that, if it does not have special regulation, PERPPU might have possibility to abuse by irresponsible person as a tool to achieve his personal purposes.
Rekontruksi Epistemologi Politik : Dari Humanistik Ke Profetik Muhammad Nur
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

Politic, in every episode of history, seems full of intrict that pragmatics, so that politic the same with cruel, dirthy and anomaly. Many of stakeholders appriory by this situation. This is make politic more and more tiranic offcourse. That is way, very important think to advocate ethic and moral politic which base on universal values of prophet, namely prophetic of politic. Core of this models is humanis, liberation and transendental. The implementations of this model take in Islamic nomocration, as main of state management.
Liberalisasi Hukum Perkawinan Di Negara-Negara Barat Sri Wahyuni
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

This article discusses about the liberalization of Marriage law in the western countries which occurs in line the liberalization of religious values in the societies. Marriage law reform had begun when the religious reform took a place, namely from Catholic to Protestant (Lutheran). In the Catholic era, marriage is a religious affair which was regulated by Church, but in the Protestant era, marriage was the affair from God to humanity. Therefore, marriage law had developed as the development of the human culture. In the western countries, religious marriage is not regarded but they have the civil marriage which is legal according to the state law; and in several western countries, marriage law has accommodated the same sex marriage.
Politik Kultural KH. Abdurrahman Wahid Dalam Demokratisasi Subaidi Subaidi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

Cultural politics can be used as an alternative to the institutionalization of democracy in the country that has a pluralistic nation such as Indonesia. Gait Abudurrahman KH Wahid can be recognized as part of a form of cultural politics, and one of the figures that reveal the process of democratization. Cultural politics shows that democratization as an expression of resistance an actor (agency) within the structure of power through discursive and controversial actions in the space of democracy, the cultural sphere (cultural fields) and the political sphere (political fields) into the arena game (site of the struggles and strategies), which included a scramble and fight a variety of capital (cultural capital, political capital) of the figure, the political elite in power structures in changing or maintaining a doxa. Owned capital determines the style of the game, the success or failure in the race and capital exchange. This can be seen in the reproduction of discourse conducted by Gus Dur in changing doxa.
Reformasi Hukum Waris Di Negara-Negara Muslim Wahib, Ahmad Bunyan
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.%x

Abstract

The development of Islamic law in the modern world shows that Islamic law of inheritance (faraid) has become the most persistent part to the influences of modernity. The sacredness of faraid and its detailed Quranic regulation are among the reasons behind this situation. The development of Muslim family system from extended to become nuclear family system, however, has forced Muslim countires to reform their regulation of law. One of important fruits of the reform is strengthening the right of spouse and the descendant of muwarith, as the member of nuclear family. Husband or wife has a right to receive return (radd). Orphaned granchildren can replace the position of his/her parent to receive the wealth from his/her granparents under the framework of obligatory will or substitute heirs (plaatvervuling).
Upaya Penerapan Sanksi Administratif Dan Perizinan Sebagai Pembatasan Terhadap Kebebasan Bertindak Bahder Johan Nasution
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
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.2014.48.1.%p

Abstract

Permit is defined as an exception to everything that principally prohibited things or not to do, so granting permission is an exception to the ban. The application of administrative sanctions in a permit is a limitation of freedom to act. Permit as a legal instrument to restrict the freedom of action for a person should rely on the rules of law and principles of good governance. The application of administrative sanctions in a licensing function to organize, control and direct someone freedom of action to act in accordance with the rule of law.

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