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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 46, No 1 (2012)" : 13 Documents clear
Standart Sudut Kemiringan Minimal Arah Kiblat Masjid Di Kota Gorontalo Syafrudin Katili; Asna Usman Dilo
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

The substance of issue in this study is how many (degrees) the minimum standardized angle still be considered feasible and how the application which is raised in the title The Minimum Standardized Angle of the Kiblah Direction of Mosques in Gorontalo City, with the aims on trying to find the minimum standardize referred to and to be used as guidelines by the community (Jamaah) whether or not to make row adjustments in the mosques that experienced irregularities of kiblah direction. Based on early studies showed that mostly the mosques of Gorontalo city deviate from 1 to 15 degrees from the true direction of Kiblah. With the approach of science and technology especially in the field of astronomy (falak), then what is desired by the provisions of Islamic law ( syari) above can be well realized. Deviations of Kiblah direction of mosques in Gorontalo City today still can be find the solution to make rows improvements / adjustments in the mosques to the true direction of Kiblah or at least meet the minimum standardized angle which can be considered feasible in terms of the direction of kiblah in the mosques has not been out of boundary areas of the city of Mecca.
Kontekstualisasi Gagasan Fiqh Indonesia T.M. Hasbi Ash-Shiddieqy (Telaah atas Pemikiran Kritis Yudian Wahyudi) Mansur Mansur
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

Agree and disagree is an integral part when talking about the idea of Fiqh Indonesia TM Hasbi Ash-Shiddiqy (fiqh is determined based on thepersonality and character of Indonesia). Critical review conducted by Yudian Wahyudi about the idea ofFiqh Indonesia is very important to be understood thoroughly inorderto align the proportionality debate andat the same time the idea of FiqhIndonesiaHasbi contextualization. The description in this paper is the result of reading the author entirely to the works of Yudian Wahyudi to reviewthe idea of FiqhIndonesiaHasbi, especiallya work entitled Hasbi's Theory of Ijtihadin the Context of Indonesian Fiqh(2007).
Kewarisan Beda Agama (Studi Pandangan Muaz bin Jabal) Riyanta Riyanta
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

Genealogy relationship to every aspect of life is a link for a generation to the next one. The continuity of generation needs the preparation and supply, materially or immaterially, in order to be able to exist and survive. Al-Quran even suggested Moslem not to leave the weak generation. Therefore, genealogy relationship was believed as a main cause of inheritance transition from the dead to the heir. The problem appears when the Moslem has to bequeath to non Moslem. Al-Quran does not explain it, even the tradition forbade the interreligious inheritance, whereas the social context demands to treat the other way. The dialectic between law and social demand became a big problem to the Islamic law of inheritance. The problem of interreligious inheritance appeared when the relationship between Moslem and non Moslem was re-discussed by some social groups. Moreover, it became attention of Moslem thinkers since its formation, such as Mua? bin Jabal. His decision to share the inheritance from Moslem to non Moslem is an innovation that is needed to appreciate. He braves to find another way by ignoring the textual law towards the contextual law without leaving the essence of shariah. Besides it is for human benefit, it is also for implementing uptodate Islamic law.
Obligasi Dan Sukuk Dalam Perspektif Keuangan Islam (Suatu Kajian Perbandingan) Muhammad Kamal Zubair
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

This article study about sukuk is known as sharia bonds with compare to obligation as the investment instrument in capital market. Sukuk investment is often regard as identical with obligation. There are number of basic differences between the two instrument, that is the use of sukuk instruments in investment the profit of which is divided with profit sharing, sukuk needs to have an underlying transaction in the form of tangible assets and sukuk use religious advice that govern syariah bond.
Fiqh Jihad dan Terorisme (Perspektif Tokoh Ormas Islam Sumatera Utara) Saidurrahman Saidurrahman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

Jihad is a teaching and even an obligation to a Muslim. In the Quran, the term jihad is mentioned forty times in sentences. Jihad has an underlying concept for a Muslim life. However, the term jihad is often misconceived, referred to bad things, being violent and even inhumane. Therefore, redefining and restructuring the concept of jihad in Islam is crucial. The province of North Sumatera has often been seen as a terrorist territorial, for many terrorists have been arrested from the province. This has provoked anger for Muslims who are the majority of the population in the province. This is among specific findings of the study, which are based on interviews with the leaders of Muslim organizations in North Sumatera such as al-Jamiyat al-Washliyah, Nahdlatul Ulama, Muhammadiyah, DDII, MMI, DDII, FPI, and MUI.
Kontroversi Status Hukum Nikah Mut'ah (Analisis terhadap Pendapat Para Ulama) Asmal May
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

There are two issues that always actual in Islamic Marriage/Family Law (Munakahat), which until now has always discussed by scholars, because no matter how much people need a clear legal status, ie Marriage Mut'ah and Sirri. Such controversies are appropriately addressed with no preconceived notions, so that it can be studied with a critical attitude and well mannered (no blasphemy). Marriage mut'ah a variant in which marriage is governed by the contested legitimacy of Islam between Sunnis and Shi'ites. In general, the Sunnis consider mut'ah marriage is a type of marriage is not legitimate or illegitimate based on the testimony of hadith, Umar ibn Khattab fatwa and ijma 'Sunni clerics. As for the Shiites, particularly the Shiite Istna 'Ash'arite, consider mut'ah marriage is allowed or lawful, although in practice they diffe r on some of the implementation. This paper presents the analysis about the formulation of opinions about the scholars on the legal status of marriage mut'ah.
Efek Multiplier Wakaf Uang Dan Pengaruhnya Terhadap Program Pengentasan Kemiskinan M. Nur Rianto Al Arif
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

One of the Islamic fiscal instrument is waqf that have been played a significant role in economics. Cash waqf is a new instrument in the field of waqf and Islamic economics as a facility for the purpose of worship and to achieve social welfare. The development of the waqf field through cash waqf, management which is flexible and offers many choices. Cash waqf have the multiplier effect in economic, through this effect cash waqf can be used as instrument to poverty alleviation program through community empowerment program.
Arah Pembangunan Hukum Keluarga Islam Indonesia: Pendekatan Integratif dan Interkonektif dalam Membangun Keluarga Sakinah Khoiruddin Nasution
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

So far the subjects discussed in Islamic Marriage/Family Law (Munakahat) limited marriage matter only and using the normative approach (halal and haram). In fact the successness of family is not enough by merely understanding marriage matter and the normative approach. To build a happy family as the goal of marriage in Islam is required other knowledges and approaches outside the normative approach. Even with other subjects and using multi approach, it is possible to uncover the secret behind the Quranic texts discuss marriage. This paper attempts to illustrate how science Ethnology, as illustrated Hazairin, can reveal the secret behind the Quranic verse discuss mahram (women are forbidden to marry) as it is described in al-Nisa? (4): 22, 23, and 24. Likewise, this paper tries to offer a number of subjects that should be included in the subject of Islamic marriage in order to be able to achieve the goal of marriage and family breakdown can be avoided. To mention some of which are: (1) the science about sexuality and sciences related thereto, (2) the science of reproduction and reproductive health, (3) knowledge of health and family nutrition, and (4) knowledge about building communication between family members.
Homoseksual Dalam Perspektif Hukum Islam Ramlan Rangkuti Yusuf Rangkuti
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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.2012.46.1.%p

Abstract

Islamic jurisprudence see that sexual desire is a human base, a natural power that is in a human. So, islamic jurisprudence regulate a human biological sexual desire channel by a marriage, and they don't agree a sexual deviation, such as homosexual. Homosexual is a bad behaviour that is prohibited in islamic jurisprudence based on al-Quran and hadis. Scribes of islamic jurisprudence agree to forbid homosexual, although there are so many opinion about law sanction for them. Some of the scribes say that they have to be killed, have to be punished, such as a judgement for they commit an adultery, and even they say that homosexual will be punished in jail (ta'zir).
Pembacaan Progresif Terhadap Fikih Keluarga (Kritik terhadap KHI dan RUU HTPA) Sodik, Mochamad
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 1 (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/asy-syir'ah.2012.%x

Abstract

The formulation of several paragraphs in Compilation of Fikih (Kompilasi Hukum Islam/KHI) and Preliminary Ac t of Implemented Law of Religious Court (RUU HTPA) remain sustaining the subordination concept of women in family. The increase of wider access for women in education and public participation has promotes awareness on accomplishing woman's rights and children protection. This tendency requires progressive reading over conservative rationale that endured within fikih of Indonesian family. Conservative rationale is root deeply in fikih normativity rampart constructed by moslem theologian since 3rd century of Hijriyah. They likely to forbid the review of fikih teaching which had legitimized as final. Fikih is judge as conceptually definite. Moslems only requires to follow and implement the concept. Any critical review will be treated under suspicion, and frequently judge as ?apostate?. Progressive reading offers ijtihadi (serious thought) relevant to era dynamic, while remain stand on al-Quran. The reading over fikih of family is directed to gain gender equality and justice and protection over childrens rights, both boy and girls. The theoretical implication is constructing new paradigm that adapts contemporer human studies in reading humanize fikih. Whereas the practice implication is providing ethical-normative manual in implementing fikih that respects on dignity and honor each of all God creature.

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