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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Millah: Journal of Religious Studies
Asmuni Mth
FIAI UII
Religion Humanities Law, Crime, Criminology & Criminal Justice

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DINAMIKA HUKUM ISLAM DI INDONESIA (STUDI ATAS FATWA WAHDAH ISLAMIYAH) Asmuni Mth; Muntoha Muntoha; Ahmad Arif Syarif
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.592

Abstract

Study of the products of Islamic law in Indonesia is often partial and focused on mainstream mass organizations. In fact, the existence of small and local organization that influence the dynamics of Islamic law in Indonesia, such as Wahdah Islamiyah. In response to the problems of the people, especially in South Sulawesi, this organization has been often condemned heretic wing, spreaders heresy and other negative charges. In fact, the style and the formulation of laws formulated emphasizes maqashid al-shari'ah, thus seem more flexible, visible, and dynamic. This negative accusations, is more likely due to political pressure, of the substance of the factors defined legal fatwa. Seeing the dynamic thinking of Islamic laws of community organi zation of Wahdah Islamiyah in its way to formulate some Fatwa by interacting with social, economic, political, cultural, localized, national and global reality is to enforce human beings’ welfare without ignoring nash. The interaction with social reality forms a way of thinking of Wahdah Islamiyah which leads to moderation and inclusive characteristics.
Taghayyuru Al-Nuqud Fi Al-Mu'awadhat Wa Al-'Ibadat Wa Al-Gharamat Al-Maliyyah Asmuni Mth
Millah: Journal of Religious Studies Vol. IV, No.1, Agustus 2004 Pluralisme Agama
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol4.iss1.art10

Abstract

The change of value currency had been the serious attention by the classical fiqh experts. Therefore, there are many different opinions about that, not only between mazhab to another, but also in the circle of one mazhab. The best interesting, the ulama not only connectedthe change ofvalue currency with transaction ofsale andpurchase, lease, loan, salary and other bussiness transactions, but also with zakah, family responsible, and diyat in the criminal cases also the minimal limit (counting) of the thief good value made the man cut his hand. The difference happened in this context, actually showed how the fiqh experts searched the transaction consequences in crisis condition in order one to another not make lose each other and finally may create the justice that one of the spirit of Islamic economy.
Pemikiran Ekonomi Abu Yusuf dan IBN Adam: Eksplorasi Awal Konsep Sumber Keuangan Negara Asmuni Mth
Millah: Journal of Religious Studies Vol. IV, No.2, Januari 2005 Ekonomi Islam
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol4.iss2.art8

Abstract

Abu Yusuf and Ibn Adam have the different methodology in writing the al-Kharaj. Abu Yusuf more rationally in revealing the arguments and his economic jurisprudence formulation more realistic and independent. While Ibn Adam just refers to the ahddits and ahddts without any external and internal critique to them. Al-Kharaj may mean the source of state income and land tax. Al-Kharaj and aljizyah loaded for the zimmi, while for Muslim people obliged to submit the zakdt. al-Kharaj, jizyah and zakat contain the close meaning. However, the inherent characters of zakat deny the zakat its self from al-kharaj or al-jizyah.
Teori Ganti Rugi (Dhaman) Perspektif Hukum Islam Asmuni Mth
Millah: Journal of Religious Studies Vol. VI, No. 2, Februari 2007 Ekologi Perspekstif Agama
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol6.iss2.art7

Abstract

The idea of dhaman towards both criminal andjustice victims, from early time, has been mentioned in the nash of both Al-Quran and Al-Hadith. From the nash, Ulemas have formulated various forms concerning dhaman (compensation). In fact, from early time the Islamic Jurists have not applied the terms mas'uliyah madaniyah for justice responsibility, and mas'uliyah al-jina'iyah for criminal one. Although in its development, up to recent time. Islamic Jurists often use the term mas'uliyah that is because of the Western work influences. Dhaman could occur because of deviation on akad (agreement) name dhaman al-aqdi, and could hempen because of violation namely dhaman 'udwan. Dharar could occur on physical, material orthings and service aspects; and it could also be on moral and emotional destruction or called dararadabi including name-reputation damage. The standard for the condensation either on quality or quantity must be similar to dharar suffred by the victims. Although in certain cases, the multiplying compensation may happen based on the victims’ condition.       
Co-Authors Ahmad Arif Syarif Muntoha Muntoha