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TEORI KEBENARAAN DALAM PEMIKIRAN HUKUM AL-GHAZALY (1058-1111 M): Kajian FIlosofis-Metodologis Ahmad Rofiq
International Journal Ihya' 'Ulum al-Din Vol 18, No 2 (2016)
Publisher : Universitas Islam Negeri (UIN) Walisongo Semarang, Indonesia

According to Al-Ghazaly, truth must be seen and placed within the framework of belief and certainty, ranging from the form of indrawy, khayaly, to beliefs that will not be influenced by any factor. Therefore, he clarifies man in the category of lay and khawas. This is so that someone does not necessarily make generalizations and make sure that someone has made a mistake. This paper will examine in fact what the theory of truth is in the thought of Al-Ghazaly’s law and how it is constructed epistemologically. The goal is to know about the theory of truth and how the methodology it developed. The study finds that according to Al-Ghazaly, the truth in legal thought, must be seen and placed within the framework of belief and certainty. The confirmed truth of religion or al-ma'lum min al-din bi-durahurah requires one to accept it with submission.---Menurut Al-Ghazaly, kebenaran harus dilihat dan diletakkan dalam kerangka keyakinan dan kepastian, mulai dari wujud indrawy, wujud khayaly, hingga keyakinan yang tidak akan dapat dipengaruhi oleh faktor apapun. Karena itu pula, ia mengklafisikan manusia pada katagori awam dan khawas. Ini dimaksudkan agar seseorang tidak merta melakukan generalisasi dan memastikan bahwa seseorang telah melakukan kesalahan. Tulisan ini akan mengkaji sesungguhnya apa teori kebenaran dalam pemikiran hukum Al-Ghazaly dan bagaimana teori tersebut dibangun secara epistemologis. Tujuannya, untuk megetahui tentang teori kebenaran dan bagaimana metodologi yang dikembangkannya tersebut. Penelitian ini menemukan, bahwa menurut Al-Ghazaly, kebenaran dalam pemikiran hukum, harus dilihat dan diletakkan dalam kerangka keyakinan dan kepastian. Kebenaran yang telah dipastikan dari agama atau al-ma'lum min al-din bi-dlarurah menuntut seseorang wajib menerimanya dengan ketundukan.

Legal reasonings of religious court judges in deciding the origin of children: a study on the protection of biological children’s civil rights Rohmawati Rohmawati; Ahmad Rofiq
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i1.1-20

This study explores the extent to which religious court judges decided the origin of biological children following the implementation of the Indonesian Constitutional Court Decree number 46/PUU-VIII/2010. A substantial ambiguity was apparent in the Indonesian family law concerning civil relationships between children born out of wedlock and their biological fathers. Consequently, judges had different legal interpretations over status of children, which created disparities of the children’s civil right protection. This study focuses on investigating the judges’ legal reasonings when deciding origin of biological children born out of wedlock. This is a case study with a legal philosophical approach. Data collection includes document collection, whereas data analysis involves deductive and inductive approaches. This study found three typologies of judges’ legal reasonings in relation to how they decided the origin of the biological children. Pragmatic judges would not provide legal protection to the biological children as they failed to accept lineage of these children towards their parents, creating uncertainty over the children’s legal status. Conservative judges with a positivistic mindset would acknowledge legal relationship between the biological children and their mothers, generating the children’s civil rights in relation to their mothers. Progressive judges would provide legal protection to the biological children. Progressive judges accepted the lineage of these children towards their parents but acknowledged their civil rights in relation to their fathers in limited ways such as living allowance and testament. Disparities of judges’ decisions regarding the origin of the biological children substantially created a legal uncertainty to these children.

Community-Based Halal Tourism Village: Insight from Setanggor Village Hendri Hermawan Adinugraha; Razie Bin Nasarruddin; Ahmad Rofiq; Ahmad Hasan Asy’ari Ulama’i; Ade Yusuf Mujaddid; Mila Sartika
Economica: Jurnal Ekonomi Islam Vol 11, No 1 (2020)
Publisher : Fakultas Ekonomi dan Bisnis Islam UIN Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/economica.2020.11.1.6819

Abstract: This research aims to describe the development model of Setanggor halal tourism village. This research uses qualitative research methods with a descriptive approach. The results showed that halal tourism in Setanggor village was developed through active community participation with the village government through a tourism village model based on community and halal values. The development of halal tourism villages in Setanggor is not able to be separated from religious values. As a result, Community-Based Halal Tourism in Setanggor village combines community-based tourism and halal-based tourism that will eventually serve as a model for community-based halal tourism. The growth of the halal tourism sector in Setanggor village has also provided positive benefits for enhancing the local community's well-being. In addition to the community's active role, the legality of the Setanggor halal tourism village is also supported by the local government of NTB and the Indonesian Council of Ulama.Abstrak: Penelitian ini bertujuan untuk mendeskripsikan model pengembangan desa wisata halal Setanggor. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan deskriptif. Hasil penelitian menunjukkan bahwa wisata halal di Desa Setanggor dikembangkan melalui partisipasi aktif masyarakat dengan pemerintah desa melalui model “Desa Wisata Halal Berbasis Masyarakat”. Pengembangan desa wisata halal di Setanggor tidak lepas dari nilai-nilai religi. Oleh karena itu, CBT di desa Setanggor yang merupakan gabungan antara pariwisata berbasis komunitas dengan pariwisata berbasis halal pada akhirnya menjadi role model bagi wisata halal berbasis komunitas. Pertumbuhan sektor wisata halal di desa Setanggor juga memberikan manfaat positif bagi peningkatan kesejahteraan masyarakat setempat. Selain peran aktif masyarakat, legalitas desa wisata halal Setanggor juga didukung oleh pemerintah daerah NTB dan Majelis Ulama Indonesia.

Regulasi Penyelenggaraan Jaminan Produk Halal di Indonesia Perspektif Statute Approach Muhammad Aziz; Ahmad Rofiq; Abdul Ghofur
Islamica: Jurnal Studi Keislaman Vol. 14 No. 1 (2019): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/islamica.2019.14.1.150-170

his research is focused on the regulation of implementing guarantee for halal products in Indonesia and crucial issues related to them. This research is normative juridical research using a statute approach. The conclusions of this study include; first, there are several crucial issues and topics relating to the implementation of guarantee of halal products in Indonesia, namely halal certification, mandatory and voluntary in halal certification, criminal provisions, and halal product guarantee management institutions. Second, the regulation of halal product guarantees when viewed from the Statute Approach can be analyzed using three legal principles: (1) lex superior derogat legi inferiori concludes that all rules for guaranteeing lower halal products are replaced by the higher ones; (2) lex specialis derogat legi generali confirms that the JPH Law is a specific regulation that regulates the guarantee of halal products; and (3) lex posterior derogat legi priori requires that the rules for guaranteeing halal products as contained in the JPH Law replace the guarantee rules for halal products that existed in the previous period.

THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA Islamiyati Islamiyati; Ahmad Rofiq; Ro’fah Setyowati; Dewi Padusi Daengmuri
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.

Halal Assurance System (HAS) 23000 Perspective George Robert Terry Hery Purwanto; Ahmad Rofiq; Mashudi Mashudi
International Journal of Islamic Business and Economics (IJIBEC) Vol. 4 No. 2 (2020): IJIBEC VOL. 4 NO. 2 DECEMBER 2020
Publisher : Faculty of Islamic Economics and Business of UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ijibec.v4i2.2988

The company's success in achieving the goals that have been set is due to having good managerial skills in planning, organizing, mobilizing, and controlling. Many companies are then looking for a system model that can lead to the achievement of goals. If the model or system is considered capable of leading to the achievement of organizational goals then the system is considered an Expert System. One of them is the Halal Assurance System (HAS 23000), which is a management system used as a model by companies in implementing halal production processes. The HAS23000 concept certainly has a management construction that includes functions in management. This research is library research using a qualitative descriptive analysis approach. The results of the study show that the 11 criteria in HAS23000 are divided into management functions in the perspective of George Robert Terry, namely criteria 1 is a planning function, criteria 2 is an organizing function, criteria 3 is a function of movement, criteria 4, 5, and 6 covers all management functions. That is planning, organizing, mobilizing, and controlling, and finally, the criteria 7, 8, 9, 10, and 11 are the function of control or supervision. With the theoretical approach of George Robert Terry's management function in analyzing the management functions contained in HAS 23000, this is the novelty of previous researchers.

Mediasi sebagai Alternatif Penyelesaian Sengketa Wakaf Menurut Hukum Islam dan Implementasinya di Masyarakat Islamiyati; Ahmad Rofiq; Rof’ah Setyowati; Dewi Hendrawati; Aisyah Ayu Musyafah
Jurnal Hukum Ekonomi Islam Vol. 2 No. 1 (2018): Jurnal Hukum Ekonomi Islam (JHEI)
Publisher : Asosiasi Pengajar dan Peneliti Hukum Ekonomi Islam Indonesia (APPHEISI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.768 KB)

Mediation is one of the mechanisms for resolving waqf land disputes, but the word mediation has not been explained textually in the basis of Islamic law. So, it is very urgent to explain mediation according to Islamic law, and its implementation in society. The benefit of research is that it can understand mediation from the perspective of Islamic law and can be used as inspiration for the government on mediation law policies in settling waqf disputes. This research is a combination of library and field research, using interpretive and empirical approaches. The results showed that mediation according to Islamic law is called sulh, described in Qur’an Q.S. al-Hujurat; 9, understanding is obtained through ijtihad with the qiyas method. The community enthusiastically to use meditation, because it realizes a peace agreement, kinship and the benefit of the parties.. Keywords: Mediation, Islamic Law, Implementation, Dispute Resolution, Waqf. Abstrak Mediasi merupakan salah satu mekanisme penyelesaian sengketa tanah wakaf, namun kata mediasi belum dijelaskan secara tekstual dalam dasar hukum Islam. Maka, sangat urgen dijelaskan mediasi menurut hukum Islam, dan implementasinya di masyarakat. Manfaat penelitian dapat memahami mediasi dalam perspektif hukum Islam dan dapat dijadikan inspirasi pemerintah pada kebijakan hukum mediasi dalam penyelesaian sengketa wakaf. Penelitian merupakan gabungan library dan field research, menggunakan pendekatan tafsir dan empiris. Hasil penelitian menunjukkan bahwa mediasi menurut hukum Islam disebut sulh, dijelaskan dalam al-Qur’an Q.S. al-Hujurat; 9, pemahaman didapat melalui ijtihad dengan metode qiyas. Masyarakat sangat antusias menggunakan mediasi, karena mewujudkan kesepakatan damai, kekeluargaan dan kemashlahatan para pihak. Kata kunci: Mediasi, Hukum Islam, Implementasi, Penyelesaian Sengketa, Wakaf.

The Contribution of Culinary on Halal Tourism: Case Study of Pekalongan City, Central Java, Indonesia Kuat Ismanto; Ahmad Rofiq; Mashudi Mashudi
Jurnal Penelitian Volume 19 Nomor 1 2022
Publisher : IAIN Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jupe.v19i1.5226

The purpose of this paper is to identify and explore the role of culinary in the development of halal tourism. Two types of data are needed in this study, namely primary and secondary data. Primary data were collected through observation and interviews. Observations were carried out in several culinary centers. Interviews were conducted with five interviewees determined by purposive sampling. The data obtained were analyzed with content analysis and theme analysis to answer research questions. The results of this study show that Pekalongan City is feasible to become a halal tourism destination because the tourism component has met the criteria. The existence of culinary as a tourism amenity has contributed to halal tourism. Furthermore, the existing culinary can be a tourist attraction in itself. Both restaurants and small business actors provide halal guarantees on culinary, provided through certificates and seller guarantees. On the other hand, tourists have a good perception of Pekalongan City's cuisine, both of the variety of food, halal guarantees, and others. However, these conditions must be improved to realize the visit's satisfaction and loyalty. The existence of culinary tourism explicitly needs to be fostered to support halal tourism in Pekalongan City. For this reason, local government policies must issue regulations on culinary as a destination to support halal tourism related to halal assurance.

Disharmony of Sirri Marriage Registration Regulation on the Family Card (Analyzing The Ministry of Interior Affairs’ Regulation No. 9/2016) Lathifah Munawaroh; Ahmad Munif; Ahmad Rofiq
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2851

The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card "unregistered marriage." A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.

The Contribution of Culinary on Halal Tourism: Case Study of Pekalongan City, Central Java, Indonesia Kuat Ismanto; Ahmad Rofiq; Mashudi Mashudi
Jurnal Penelitian Volume 19 Nomor 1 2022
Publisher : LPPM UIN K.H. Abdurrahman Wahid Pekalongan

The purpose of this paper is to identify and explore the role of culinary in the development of halal tourism. Two types of data are needed in this study, namely primary and secondary data. Primary data were collected through observation and interviews. Observations were carried out in several culinary centers. Interviews were conducted with five interviewees determined by purposive sampling. The data obtained were analyzed with content analysis and theme analysis to answer research questions. The results of this study show that Pekalongan City is feasible to become a halal tourism destination because the tourism component has met the criteria. The existence of culinary as a tourism amenity has contributed to halal tourism. Furthermore, the existing culinary can be a tourist attraction in itself. Both restaurants and small business actors provide halal guarantees on culinary, provided through certificates and seller guarantees. On the other hand, tourists have a good perception of Pekalongan City's cuisine, both of the variety of food, halal guarantees, and others. However, these conditions must be improved to realize the visit's satisfaction and loyalty. The existence of culinary tourism explicitly needs to be fostered to support halal tourism in Pekalongan City. For this reason, local government policies must issue regulations on culinary as a destination to support halal tourism related to halal assurance.

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