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<![CDATA[Kepemilikan Umum dalam Islam ]]>
<![CDATA[Sulaeman Jajuli]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.409-424
<![CDATA[Among the fundamental difference between the Islamic economic system by the capitalist and socialist economic system is the issue of ownership. In a capitalist economic system of individual ownership there is no limit so that everyone is given the freedom to have a variety of natural resources there is no view of public interest. While the Socialist economic system negates ownership for individuals so that all forms of production and sources of income become the property of the state or the entire community. How to ownership in Islam? Islam is a rule (role) that is consistent with human life and nature, so that ownership rights in Islam includes the right to private property, public and state. In other words, Islam adopts multype ownership (multiple ownership type). It is as a middle ground for people in possession of the problems they face. Humans would need something that can be used for personal interests, so there are some things that are needed by everyone so that the object should not be owned by individuals. In addition, some natural resources can not be owned by individuals or private, semisasl gold mine in an area, then the government has the right to own and manage it for the benefit of all citizens.]]>
<![CDATA[Komisi Yudisial dan Pengawasan Hakim di Indonesia ]]>
<![CDATA[Wahyu Wiriadinata]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.513-525
<![CDATA[The purpose of this paper was to find out the effectiveness of Judicial Commission in supervising judges in Indonesia. The research method used was a normative legal/juridical-normative method. Data obtained was analyzed by a descriptive-qualitative method. From the research results it was found that the role of Judicial Commission in supervising the judges was not implemented effectively. The reasons were, among others, the Judicial Commission has neither an authority to impose itself any administrative punishment nor an investigatory authority over those judges who allegedly have committed a crime.]]>
<![CDATA[Fiqh Aqalliyat: Pergeseran Makna Fiqh dan Usul Fiqh ]]>
<![CDATA[Ahmad Imam Mawardi]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.315-332
<![CDATA[The basic problems have been faced by minority moslem who live in majority non muslim especially when they have to apply religious interpretation as understood in the majority moslem countries appeared a concept of fiqh al-aqalliyyat (fiqh of minority). It is a kind of islamic teaching that considered as acomodation to contemporary problems faced by minority moslem. Therefore, they can perform their religious teaching eventhought it seems different with the form of islamic law in general. This writing focus on study of form of fiqh alaqalliyyat? What are the principles and the methodological bases of fiqh al-aqalliyyat and what is the relationship between fiqh al-aqalliyyat and maqasid al-syari'ah.]]>
<![CDATA[Urgensi Pengaturan Zakat: Evaluasi Zakat Sebagai Pengurang Pajak Penghasilan Terhutang ( Taxes-Credit ) dalam Undang-Undang Nomor 11 Tahun 2006 Tentang Pemerintahan Aceh ]]>
<![CDATA[Fuadi Fuadi]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.425-449
<![CDATA[Article 192 of Law No. 11 of 2006 on the government of Aceh states that "zakat as a reduction of income taxes payable (taxes credit)," while article 22 of Law No. 23 of 2011 on the management of zakat states that "zakat as a deduction the amount of taxable income (taxes deductable)." therefore there has been a disharmony of the two provisions, and so far the provisions of zakat as a reduction of income tax payable (taxes credit) in Aceh has not been effective yet. The purpose of this study is to investigate the implementation of the provisions of "zakat as a tax deduction payable in Aceh. and what regulation dispute resolution between Article 192 of Law No. 11 of 2006 on the Aceh government with the income tax law in Aceh." The results of the research indicates that the implementation of zakat as a reduction of income taxes payable have not been effective because the central government represented by the Ministry of finance rejected the provision. As for the solution is a) change/void the article such by the competent institutions that formed it; b)apply for a judicial review to the constitutional court; c) apply the principles of law /legal doctrine "lex specialis derogat legi generalis," The President issued the implementing regulations of Article 192 of Law No. 11 of 2006.]]>
<![CDATA[Inkonstitusionalitas Peraturan Gubernur Jawa Barat Nomor : 12 Tahun 2011 tentang Larangan Kegiatan Jemaat Ahmadiyah Indonesia Di Jawa Barat ]]>
<![CDATA[Nurainun Mangunsong]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.526-547
<![CDATA[This writing studies on West Java Governor rule No. 12 /2011 on banning Ahmadis activities examined with Law No. 12/2011 and article 28 E and J 1945 amandement of constitution, Law No. 23/2014 jo Law No. 32/2004, Law No. 9/1999 on Human Rights, and Law No. 12/2005 on legalization of International Covenant On Civil And Political Rights. The result of this research showed that formally or materially the West Java Governor rule is not a good product of law and many contradiction in it.]]>
<![CDATA[Studi Komparatif terhadap Qanun Aceh tentang Hukum Jinayat dan Enakmen Jenayah Syariah Selangor Malaysia ]]>
<![CDATA[Ahmad Bahiej]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.333-361
<![CDATA[This paper compares the substance of Aceh Qanun of Jinayat and Enakmen Jenayah Syaria Selangor Number 9/1995. Aceh Qanun substance and Enakmen Jenayah Syaria Selangor Malaysia have some similarities among criminalize spreader cult, not perform Friday prayers, not respect Ramadan, not Islamic dressing in public places, alcohol or gambling, seclusion, liwath/same-sex relationships, qazaf, prostitution, pimping, adultery/extramarital intercourse. The both rule are applied only to Muslims and applicable in certain region (province/state). Compared with Aceh Qanun, Enakmen Jenayah Syaria Selangor regulates more crimes. Nevertheless, Aceh Qanun threatening criminal sanctions heavier than Enakmen Jenayah Syaria Selangor and opportunities for non-Muslims voluntarily subjecting himself to the by laws. The principle of lex posteriore derogat legi inferiore is not apply to Aceh Qanun. Meanwhile, Enakmen Jenayah Syaria Selangor to enforce the Sharia principle of lex posteriore derogat legi inferiore.]]>
<![CDATA[Isu Gender dalam Perspektif Politik Islam ]]>
<![CDATA[Sulthan Syahril]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.451-465
<![CDATA[This article clarifies some gender bias issues which are importantly included into the Islamic political system. In addition, the Islamic political curriculum should take part in the effort to make people aware of the importance of gender equilibirium by establishing cultural perspective which is not discriminative against women. Gender sensitivity in Islam includes three main factors which require comprehensive methodological approach. They are: the fisrt, equilibrium issue related to the difference view of aurat (part of the body should be covered in Islamic law),the second, divorce and inheritance Islamic law, and the third, demand toward equal stance in politics. These three domains are supposedly important issues in Islamic political system.]]>
<![CDATA[Sanksi Pidana bagi Pelaku Nikah Siri dalam Perspektif Hukum Islam ]]>
<![CDATA[Saifudin Zuhri]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.363-387
<![CDATA[Through the Ministry of Religion, the government has drafted the legislation of law in the Religion Courts Subject about Marriage that discusses about unregistered marriages, polygamy, and marriage contract (mutah) as a complement of the Law No. 1/74 on Marriage. In the Article 143 of the draft mentioned the punishment for unregistered marriage, punished with a maximum fine of 6 million or imprisonment up to 6 months. The result of unregistered marriage inferential as follows: 1) there are legal and illegal unregistered marriage. It was to be plural or usual in society because a numbers of factor. 2) The assumption that seeing it as illegal and did not has a force of law looking for argumentation (istidlal) using qiyas method for equating record of ilan and wedding party, getting bennefit and li saddi az-zariah. 3) Criminalizing perpetrators of unregistered marriages through the provision of a prison sentence does not need to include Article 143 and Article 151, because marriage records violation is not a criminal act, only an administrative violation. 4) The actors of unregistered marriages can be punished a criminal fine in order to provide teaching and education. 5) Looking for argumentation using qiyas method on the ilan and wedding party are not relevan, because ilan and wedding party are sunnah. Even less the reason of consequence still an assumsion and does not muktabarak. On that account, would be not appropriate if the registration of marriages entered one of the pillars of marriage. 6) Sollution of the unregistered marriage case fine polygamy or monogamoy is marriage itsbat which there should be no provision prison sentence.]]>
<![CDATA[Problematika Jadwal Waktu Salat Subuh di Indonesia ]]>
<![CDATA[Abdul Mughits]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.467-487
<![CDATA[Lately, the dawn prayer time schedule thats the mainstream in Indonesia "sued" by Qiblati community as still too early. It was based on testimony at several locations, while sounding the call to prayer, daybreak had not apperaed. High data used dawn sun for the Ministry of Religious Affairs and the majority of moslems in Indonesia is -20o. While the results of observations of experts in Indonesia and internationally under -20o, which ranges from -13,5o to -19,5o (difference 1o = 4 minutes). Of these issues, including "emergency" Islamic law that must be answered because it will have serious implications in legal matters of worship: legality of urging to prayer and women who stop menstruating (haid) or childbirth (nifas) in those times. Becouse this is the integration of religion and science phenomenon then Muslims should be open to make corrections thats supported by scientific data that can be accounted for shar'ie and science.]]>
<![CDATA[Integrasi-Interkoneksi Ilmu: Studi Tentang Hukum Bisnis Syariah ]]>
<![CDATA[Syamsul Anwar]]>
<![CDATA[ Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law - Sunan Kalijaga State Islamic University ]]>
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DOI: 10.14421/ajish.2014.48.2.389-408
<![CDATA[This article deals with the much-mentioned methodolocical approach at Sunan Kalijaga State Islamic University, i.e. integrationinterconection in science. In this article the writer explains the meaning of both terms integration and interconnection and how the two approaches are used in the the study and practice of Islamic business law. As far as comtemporary Islamic business law practice is concerned, the writer is of the opinion that this legal system has undergone a kind of transformation through integrating some norms, rules, and intitutions of various legal pratices in and with which conmtemporary Islamic law coexists in different Muslim countries. But, according to the writer, the process of integration does not happen haphazardly, but, on the contrary, through a deliberate process in which those materials are yielded to the sharia principles in such a way that they come out in the form of Islamic law. If two well-known Dutch scholars in the colonial period, Van Vollenhoven and Snouck Hurgronje, created the so-called reception theory to explain the applicability of Islamic law to Muslim Inlanders, it would be also apt to say that contemporary Islamic business law apply the converted reception theory to distinguish it from that proposed by the two Ductch scholars.]]>
