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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 11 Documents
 1   2 
Search results for , issue "Vol 47, No 2 (2013)" : 11 Documents clear
Peradilan Satu Atap ( The One Roof System) Di Indonesia Dan Pengaruhnya Terhadap Peradilan Agama Malik Ibrahim
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

The process to one-roof the Religious Court system is not as smooth as the one-roof process of other court institutions. It is full of obstacles and faces pros and cons. Nevertheless, in the early 2004, Religious Court had been made beneath Supreme Court as the executor of the highest judicial power. Therefore, Religious Court as the executor has been authentically experiencing escalating reformation, moreover when the of Law No. 3 of 2006 concerning the Amendment of Law No. 7 of 1989 concerning Religious Court was isseud. This paper is tryingto explain some factors that influence the one-roof process of Indonesian Courts especially Religious Court as well as the effects of one-roof court implementation towards the existence of ReligiousCourt in Indonesia.
Islam Dan Pencarian Identitas Politik (Ambiguitas Sistem Khilafah dalam Institusi Politik Islam) ma'shum ma'shum
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

Often excessive if Muslims presupposes a past glory rests only on thecaliphate system as Khulaf?u ar-r?syid?n and then refer to it as (the only) areaideal representation of the Islamic state without going through the lengthy studyand adequate correction. One important note that the formulation of systemleadership be after the Prophet has inspired the formulation of a long and contentious in the Islamic system of government with reference to the spirit that they built through the first three principles, namely, emphasizing deliberationin solving political and social issues. Secondly, giving priority to be a leader tothe people who have and are accepted by most people, and the Third, by thepublic statements of loyalty in following their leadership expressed in the formof initiation.
Ta'arud Al-Adillah Dan Tanawu' Dalam Ibadah : Tinjauan Tentang Bacaan Basmalah Dalam Salat Syamsul Anwar
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

This article deals with one of the important concepts of u??l al-fiqh(Islamic legal theories), i.e. conflict of proofs of law, and its relation to theplurality of ways in performing Islamic worship with special reference to the case of reciting basmalahin prayer and at the same time deals with the authentication of the related prophetic traditions. There are disagreements among the u??l?s regarding the steps to be followed in settling the conflict of proofs of law: should one place the compromise method at the head or should he make the obrigation or the weighing one preced? Forwarding the compromise method enables a wider acceptance of applying principle of plurality in worship performance so that different opinions can be appreciated.
Konsep Negara Dan Pemerintahan Dalam Perspektif Fikih Siyazah Al-Gazzali Sahri Sahri
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

As one of the most comprehensive Islamic thinkers in the realm ofthought, al-Gazz?l? to be one of the points of references to Islamic thought inthis day, including in this case is about the concept of state and government.This article wants to show the wealth of thought of al-Gazz?l? relates to stateand government. According to al-Gazz?l?, the political power and religion has avery strong interdependence. This case he is expressed in terms of ad-d?n as?s waa?-?ul??n h?ri? (religion as a basis and sultan or the country as a protector). Thus,al-Gazz?l? firmly stated that the construct of the state and the government isdemand of religion (min dar?riyy?t asy-syari) that can not be ignored (l? sabi?la il? tarkih). Furthermore, in this article, showed that al-Gazz?l? considers the Imamateor the government is a successor of the Prophet. Its because of his function that inheren with the religious issues, so the caliph in running his governmentis regarded as a saint (muqaddas). About the source of authority of power, alGazz?l? considers that it is not a God given (theocracy) but by the support ofthe wider community represented by people who are influential (ahl asy-syawka)and followed by other people. Al-Gazz?l? stressed that the rise and fall of a rulerdepends entirely to the presence and absence of support from the community(Muslims). So, in this case, al-Gazz?l? is differ with the mainstream paradigm ofShiite and also does not have a fatalistic paradigm (Jabariyah).
Mahzab Sunan Kalijaga (Refleksi Setengah Abad Genealogi Epistemologi Studi Ilmu Hukum Islam Integratif di Fakultas Syariah dan Hukum UIN Sunan Kalijaga: 1963-2013) Waryani Fajar Riyanto
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

The title above, exactly as the title of the book that has been preparedby the writer to welcome half century (50 years) of the age of Faculty of Syariahand Law UIN Sunan Kalijaga: 1963-2013, which may God willing, will be launchedin the middle of 2014. Here the author deliberately uses the term Mazhab SunanKalijaga, to summarize the four types of epistemology nodes that have ever beenflourished in the FSH, namely: Indonesian Fiqh, Indonesianizing of IndonesianFiqh, Mazhab Jogja, and Integration-Interconnection. By the historical, critical,and analytical approaches, this initial study is expected to provide enlightenmentand the making smart effort of history for FSH.
Restorasi Hukum Di Indonesia Abu Bakar
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

The history shows that the collapse of a country does not occur suddenly. There is a long process that preceded it. The collapse as a process could be prevented when supported by a strong, responsive, and authoritative state leadership. Therefore, the collapse of law in a country can be regarded as the most valid sign of deteriorated leadership quality of the ruling regime in the country. A big, strong, and democratic country is always busy making the laws as commander (ahk?m al-h?kim). If the laws are consistently enforced as the commander, they would appear to be stone, sand, and cement for the robust state building. Conversely, when the laws are treated as a tool of power, they will be present as coal, oil, and fire for the destruction of the entire buildingstructures of the country itself.
Tauhid Dan Hukum Tentang Bangsa-Bangsa (Telaah atas Pemikiran Ismail Raji Al-Faruqi) Sangkot Sirait
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

For al-Faruqi, Islam is an-all encompassing ideology, the primeryidentity of aworld-wide community of believers and the guiding principle forsociety and culture. This approach, this wholistic Islamic world-view, is embodiedin a life and career in which he wrote extensively, lectured and consulted withIslamic movements and national governements and organized Muslims in bothAmerica, for instance, and internationally. Al-Faruqi, who saw the world throughthe prism of his Islamic faith and commitment, focused on issues of identity,history, belief, culture, social mores and international relations. Al-Faruqi, waspreoccupied with the specific scheme of Urubahor Arabism. He described Arabism as an Arab stream where the Arabness, in fact, animates that stream andgives it momentum and provides them with their language, culture and religion.From this, he light the conceft of ummah as basis of the concept of state inwhich there are peole who has rights and duties. His pax Islamica which stoodon his arm was never conceived as monolithic society in which Islam alone predominates. To enter into the paxIslamica never meant coversion to Islam,but entry into a peacepul relationship where ideas are free to move and men arefree to convince and be convinced. Indeed, the Islamic state put all its resourcesat the disposal of all believers.
Pembaharuan Kitab Hukum Dagang Indonesia : Antara Kodifikasi, Kompilasi dan Konsolidasi Agus Budianto
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

Renewal of the Wetboek van Koophandel (KUHD) is a Dutch colonial products a lot of problems. Although it has been stated in the National Legislation Program (Prolegnas) 2009 - 2014, but the number of regulations that have been removed from the KUHD, make arrangements of commercial law substance of overlapping, contradictory and theres a double substance. Therefore, to use renewal by the compilation method will be very ineffective, because when done harmonization, the many provisions that will be removed for united. When using the compilation method, will be in trouble to do the grouping of the material. Other methods are consolidated with Civil Code (KUHPerdata) Book III, to unify the principles and legal principles of legal trade into the agreements of law.
Bukti Empiris Nilai Ekonomik Pada Pengumuman Daftar Efek Syariah (DES) Di Indonesia Syafiq M. Hanafi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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.2013.47.2.%p

Abstract

This article attempt to study about the impact of Islamic ethical investment in Indonesia. The method of this research by event study of the announcement of the list of syariah stock. I argue the announcement of stock has economic value by signalling hypothesis, criteria selection hypotesis andprice pressure hypothesis. The research finding show that the information of announcement of the list of syariah stock has economic value by positive reaction at the day.
Perbandingan Sistem Hukum Perlindungan Anak Antara Indonesia Dan Malaysia Jauhari, Iman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 2 (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

This paper aims to compare child protection law between Indonesiaand Malaysia especially in terms of family law (marriage), child definition andage limit, as well as other foundational principles. Content analysis method ofa variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and Indonesia, in which both systemsspecify the state, family, and parents responsibilities towards children. Alsospecified are handling of childs position, guardianship, rearing, adoption,religion, and abandonment. In addition, special protection such as maintenance,recovery, custody, care, investigation, nursing, education, prevention ofeconomic exploitation, prevention of sexual abuse, prevention of child torture,and disability treatment are also included. This paper concludes that in Malaysiachild protection law has been fully synthesised in Children Act of 2001 (Act611), while in Indonesia child protection law is scattered in a number of lawsrelated to children including the Child Protection Law.

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