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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
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Search results for , issue "Vol 49, No 1 (2015)" : 10 Documents clear
Kompleksitas Kekerasan Keagaamaan dalam Kehidupan Umat Beragama di Indonesia: Suatu Tinjauan Sosiologis Haedar Nashir
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.49-61

Abstract

Religion and religious organizations actually carrying the mission of salvation, peace, happiness, and life for the good of mankind. Hence a paradox if in fact religious life religious violence. The religious violence often occurs in the sacred and complex dimensions, both rooted in the aspect of religion and other dimensions of understanding of the dynamics of the life of this beragama.Studi tried to examine the roots and dimensions of the religious violence in the lives of the people of Indonesia to date, which often happens quite hard and complicated , By using a sociological perspective, this study tries mencandra complex relationships between the dimensions of understanding inherent in the system of belief (belief system) in every religion with economic interests and political and social plurality reality in people's lives beragama.Kajian dynamics of religious violence is sociologically be very important and relevant as the case often occurs repeatedly. At the same time the study is also important in order to obtain the understanding and solving solutions in religious violence in the country.
Segitiga Hukum Internasional, Municipal dan Islam: Memahami Kompetisi, Interaksi dan Resolusi Hukum di Malaysia Ratno Lukito
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.161-191

Abstract

As one of the Asian countries substantiating Islam as the official state religion, Malaysia always faces a dilemma in its encounter with international law, amid the dominance of municipal (national) and Islamic laws. Until now, many norms of international law seem to be apprehensively accepted. In fact, the existence of Islamic law, constitutionally recognized as having an equal position with Common Law, often works as a barrier to the influence of international norms. Here, the segregation between British Common Law and Islamic law has played a major role in building the country's behavior in facing international law. Particularly, in redressing hard cases, international legal norms (such as international human rights law) are still difficult to get in and provide a positive influence in the national legal system. This paper focuses on the interaction between these three legal traditions of international, municipal and Islam in the face of rising Islamic conservatism supported by Malaysian Islamic parties in recent decades. Because legal segregation and compartmentalization between British common law and Islamic law had been chosen as the framework of legal pluralism in this country, the redress of the hard cases involving the meeting among the three laws --such as the case of apostasy, divorce due to apostasy, purdah etc.--, more often than not has led to the marginalization of international norms. This brings the consequence of the need to review the pattern of legal pluralism in this country, where relationship between different legal traditions is analyzed using bottom-up and non-state oriented perspectives. And it can only be done if the jurisprudence of legal pluralism in Malaysia can benefit the principles of Higher Law in its legal orientation; namely, the principles of universal justice, morality, and fairness, and not in the mere proximity to the character and the logic of official state law.
Restorative Justice dalam Tindak Pidana Pembunuhan: Perspektif Hukum Pidana Indonesia dan Hukum Pidana Islam Ali Sodiqin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.63-100

Abstract

The completion of the homicide in Indonesia didnt have effectiveness, both in order to give a deterrent effect and the creation of the security and peace in society. Conventional punishment process, as applicable in Indonesia, didnt give space to the parties (the victim, offender, and community ) involved to participate actively in solving their problems. Position of the State was too dominant, thus denying the people's participation in law enforcement. Imprisonment system adopted in Indonesian criminal law also didnt provide a comprehensive solution. Retributive justice approach adopted by the Indonesian criminal law needs to be reformed and replaced with a restorative justice. Restoration is an alternative approach to solve crime that emphasized on recovery conflicts and rebulid balances in society. This approach has been also applied in many countries, both of which adopted the system of criminal law and civillaw (France, Germany, the Netherlands), or apply the common law system of criminal law (United States, Canada, Australia). This approach is already practiced in Islamic criminal law, namely the law of qisas. In completion of murder, procedure of Qisas involving all parties, namely the victim, offender and community. Family of victim have the right to determine the punishment, whether qisas (killed), or diyat (pay a fine), or give forgiveness to the offender . The existence of three alternative penalties and engagement of the litigants shows that Islamic criminal law applying restorative justice approach. Position of Sultan (the State) is a mediator as well as a supervisor in law enforcement. Completion of this approach is able to resolve crimes with rebuilding relations after the criminal act.
Analisis Kluster Perkembangan Bank Perkreditan Rakyat Syariah (BPRS) di Pulau Jawa M. Fakhri Husein
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.193-210

Abstract

There is little empirical evidence about the concentration of sharia rural credit banks development in Indonesia. This research is aimed to investigate about the development of sharia rural credit bank, whether is concentrated in the certain cities (as a center of economic growth) or in municipal areas. This research also explores the cluster of sharia rural development bank by using income growth, market share growth and asset growth variables. By analysing 68 sharia rural credit bank (BPRS) in 32 cities and municipals, this research found several interesting facts. First, there is no difference between cities and municipal in Java in terms of income growth, market share growth and asset growth. Second, there are two clusters of BPRS in terms of income growth, market share growth and asset growth variables. This research can be benefited by government and regulators to design and implement the sharia bank development strategy.
Fikih Pluralisme dalam Perspektif Ulama NU Fathorrahman Fathorrahman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.101-119

Abstract

In the life of the nation which Seara essentially based on the principle of diversity, pluralism happenings become very important idea to be actualized. This, considering the many phenomena of social groups, especially those based on the religious, who plays more the majority of much use repressive means to memaksanakan belief to more minority groups. Inevitably, the consequences of action anarchism became a partial continuation of the way of thinking that the minority must follow the majority. Ironically, about pluralism which can be used as a spirit of togetherness and mutual respect, to be one shot stigma that pluralism is understood that contrary to religious teachings tertentu.Seiring with the stigma, the Indonesian Ulema Council (MUI) had issued a fatwa for pluralism .Implikasinya, this fatwa increasingly confirmed as an excuse to strengthen joints to discredit the majority of minorities, particularly the different streams and ideology with groups such mayoritas.Namun, fortunately lah is a collection of scholars who are members of the Nahdlatul Ulama (NU), which has the attitude and stance Different, which still considers pluralism as values of divinity and the human values that should dilestarikan.Sehingga, many generations NU, especially at lower levels, which fosters mutual respect in tengarah diversity that unfolded in this sphere of life them.And , can not be separated from the elders thought NU clerics such as Gus Dur, Mustafa Ali Jacob, Ali Yafie, and others are introducing religious teachings of the tolerant, moderate, balanced, and berkeadilan.Untuk know more detail and depth about how to construct ideas NU scholars in response to the spirit of pluralism absolute maintained and how the position of NU in the treatment of minority groups, this paper tries to break them down further.
Analisia Hadis Penetapan Awal Bulan Kamariah (Ramadan dan Syawal) Hajar Hajar
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.211-229

Abstract

Determining the beginning of Ramadhan and Syawal can do by rukyat, hisab and istikmal. Method of rukyat which done by Prophet Muhammad saw, friends, tabiin until now. Rukyat can do all off people with see the hilal when the sunset in the end of month. Hisab is calculating position and height of hilal at the sunset. If hilal can not seen because of weather so entire numbering of Syakban become 30 days. Determine like this can call with istikmal. Differentiate in determining beginning of Ramadhan and Syawal its happen because method of using is not same with determining height of hilal reputed new month also not same.
Legitimasi Masyarakat Internasional Terhadap Intervensi Kemanusiaan Dewan Keamanan Perserikatan Bangsa-Bangsa (PBB) Tahun 2011 Lindra Darnela
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.1-24

Abstract

Massive demonstrations that occurred since 2010 in several Arab countries (Arab Spring) sparked the attention of the UN Security Council to undertake humanitarian intervention, including in Libya which started in February 2011 with the use of armed force undertaken by NATO and some other big countries. Humanitarian intervention is a recommendation of the UN Security Council Resolution 1973 of 2011, under Chapter VII of the UN Charter, 1945. In doing humanitarian intervention, state and international organizations must have the recommendation of the UN Security Council, but the Security Council should also get legitimacy from the international community. Humanitarian intervention is also required to have humanitarian objectives to protect human rights. In this paper discusses the legitimacy given by the international community to the humanitarian intervention of the UN Security Council on Libya.
Urgensi Ekonomi Islam dalam Pengembangan Perbankan Syariah di Indonesia Akhmad Mujahidin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.121-142

Abstract

Economic goals of Islam is that every human activity is based on devotion to God and in order to carry out the task of God for the prosperity of the earth, then in berekonomi Muslims should prioritize harmony and nature conservation. Pursued happiness in Islam is not merely the happiness in the world, but also happiness in the Hereafter. Thus Islamic economics must have an economic system that can prosper the earth, human beings capable of happiness both for living in the world and in the hereafter. Islamic economic outlook has a very high prospect and promising, if the network constraints can be overcome, it can be believed to be a great opportunity. It can be seen from the enthusiastic response of the community in economic activity using Islamic principles as well as the positive trend in the non-financial / economic, such as the education system, laws and others that support the development of national Islamic economics.
Analisis Gender Terhadap Hukum Keluarga Islam Indonesia (Studi Terhadap Hak-hak Wanita Pasca Cerai) Azni, Azni
Asy-Syirah: Jurnal Ilmu Syariah dan Hukum Vol 49, No 1 (2015)
Publisher : Fakultas Ilmu Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia as a modern Muslim state, through its Islamic family law, has greatly sought the indiscrimination against women, especially in the context of the law and its implementation. This study aims to determine number of womens rights after divorce which has been formulated in Indonesian Islamic family law. The library research by using content analysis approach obtainsthe findings of the research are the rights acquired by women after divorce which are in Indonesian Islamic family law such as; mutah, livelihood, refuse of reconciliation, hadlanah and joint property rights, are no gender bias and are not found any elements of marginalization, subordination, double work load, negative labeling and violence against women in Islamic family law in Indonesia.
Apostasy in Islam: Historical and Legal Perspectives1 Ocktoberrinsyah Ocktoberrinsyah
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
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.2015.49.1.143-159

Abstract

This paper starts from the contradiction between the concept of religious freedom in the Qur'an and the concept of apostasy (riddah) in classical Islamic jurisprudence. Some jurists believe that the concept of religious freedom has been reduced to a sectarian and discriminative concept, while riddah itself has undergone a shift in its meaning because of the hasty and out-of-context interpretation. Many jurists have established death penalties for every apostasy regardless some limitations on the concept of riddah. This paper presents some Islamic jurist views on riddah, especially in the classical jurisprudence, and also traces back the historical context of riddah in the past in order to understand the reasons for the rise of the death penalty for apostasy.

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