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Ahkam: Jurnal Hukum Islam

ahkam
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Published by Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung

ISSN : 23031905 EISSN : 25491075 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan muâ€™amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.

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Articles 9 Documents

Search results for , issue " Vol 7, No 1 (2019)" : 9 Documents clear

TIPOLOGI EPISTEMOLOGI HUKUM ISLAM (Analisis Metode Penetapan Awal Bulan Hijriyah Tokoh-tokoh Agama Tulungagung) Musonnif, Ahmad
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTThe epistemological features of Islamic Law increasingly vary along with the development of Islam. This is due to the interaction of the Muslims’ thinking with the development of new scientific and epistemological patterns developed at the new locus of Muslims. The focus of this research is analyzing the Islamic law epistemology of the Tulungagung religious leaders in the initial determination of the Islamic month. The research method used is interview and observation, and literature search. The analysis is then carried out with the epistemological approach of Islam. From the perspective of legal epistemology, Tulungagung religious leaders fluent in four epistemological categories, namely Bayani, Burhani, and Irfani, similar to the typology introduced by al-Jabiri. In addition, there are other epistemological features, namely taqli di-Ittiba'i, which are very close to the Sufism tradition.Keywords: Islamic Legal Epitemology, Tulungagung Religious Leaders, Determination of HijriCalendar.

PEMBENTUKAN BADAN PERADILAN KHUSUS DALAM PENYELESAIAN SENGKETA PEMILIHAN UMUM KEPALA DAERAH Esfandari, Fitria; Oktavia, Adibah; Astri, Isti Latifah
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTGeneral elections are the manifestation of democracy. General elections have a close relationship with the formulation of Article 1 Paragraph (1), Paragraph (2), and Paragraph (3) of the 1945 Constitution of the Republic of Indonesia stating that Indonesia is a unitary state, adheres to the people sovereign system, and is a law state. There is no democracy without elections. Therefore, the citizens’ right to choose and to be elected are constitutional rights protected by the Constitution. In its implementation, it still causes many problems. The most fundamental of which is the absence of a special judicial body in resolving the regional election disputes. The purpose of this study is to find out how the Constitutional Court presents the legal certainty as the results of the regional election disputes so far and how the ideal form of the special judicial body is dealing with disputes on regional election results nationally. The author uses a type of normative juridical research with the method of legislative, conceptual, and comparative approaches. Primary and secondary data used are statutory regulations, several jurisprudences, books, and legal journals. In this study, the author hypothesizes that the most ideal form of a special judicial body which handles election results disputes is to establish a special court named the State Administrative Court through the 1945 Constitution amendment mechanism which focuses on handling cases relating to the Executive, including the handling of disputes on regional election results.Keywords: Local Election, Special Judicial Agency,Constitutional Court

TINDAK PIDANA PELAKU PEMERKOSAAN ANAK DALAM PANDANGAN HUKUM ISLAM Dhahnia, Lyna Nazihud; Wahyu, Ade Rifkil; As'ad, Ali
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTThe number of child rape in Indonesia seems to be increasing. In today's modern age, the influence of social media to children is very rapid. Yet, the rapidity is not balanced with the adequate supervision of parents to the children. The data show that in the last four years, since 2014 to 2017, the cases of sexual violence against children increase into more than 50 percent of all cases of violence. Therefore, this research aims to propose, first, legal sanctions for perpetrators of child rape and, secondly, the child rape in the view of Islam. This research is library research. From this research, it can be seen that the legal sanctions for child rape in the view of law and Islam can be found in law no. 23 of 2002 concerning child protection and the Aceh qanun law no. 6 of 2014.Keywords: Criminal Act, Child Rape, Islamic Law

EKSISTENSI PEGADAIAN SYARIAH DALAM UPAYA PENINGKATAN EKONOMI USAHA MIKRO KECIL MENENGAH Rosana, Mayang
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTThe presence of pawnshop in Indonesia as a formal financial institution that moves to channel financing in the form of lending money to people in need. Then the emergence of Sharia Pawnshop that provide services to the public when facing sudden needs that have been reluctant to use conventional pawnshop. Therefore, the presence of Sharia Pawnshop can be used as an alternative for people who want to interact in a mortgage with usuary and are legal according Sharia Pawnshop, and efforts to improve the economy of MSME through Sharia Pawnshop. This type of research is library research. In searching for data sources, media such as books, articles, journals, and informations from the internet aare used as supporters of the issues to be studied. Based on the result of the research conducted, it can be described as: first, the Arrum BPKB product at Sharia Pawnshop provides an opportunity ti improve the economy of MSME, this can be seen from the understanding and financing system of the Arrum BPKB product. Second, the importance of socializing Sharia pawnshop to MSME actors in an effort to improve the economy. Third, the exixtence of sharia pawnshop can be used as an alternative in overcoming the limited capital felt by MSME actors. And the affordability of financial credit with a relatively affordable amount, easy, and timely terms and procedures.Keywords: Sharia Pawnshop, Economy, MSME

MEMBUMIKAN FIQH ANTROPOSENTRIS: PARADIGMA BARU PENGEMBANGAN HUKUM ISLAM YANG PROGRESIF Takdir, Mohammad
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTThis study aims to explore the idea of anthropocentric fiqh as a new paradigm in the development of more equitable Islamic law for all people in the world. Nowadays, the study of fiqh growing in the community only centered on the binary decision between halal and haram which seemed to ignore the aspects of daily problem faced by the ummah. This study uses the anthropocentric paradigm as a criticism to the theocentric paradigm which focuses all problems of the ummah only to the God. The anthropocentric paradigm is a perspective on fiqh products which not only contain debates about the God's absolutes, but also concern on the human interests in obtaining justice and the benefits of every product of the ulama ijtihad. This study shows that anthropocentric fiqh is a model of the Islamic law development which is not oriented to the sacred text or the monopoly of interpretation of classical scholars. Anthropocentric Fiqh does not want to erase the legal provisions of the Shari'a as well as the results of the classical ulama's thoughts, but to strengthen the legal foundation which is in accordance to the needs of the ummah. So, anthropocentric fiqh is very compatible with the people situation who have their own problems related to the tradition or culture which are considered against the Islamic law.Keywords: Anthropocentric Fiqh, Tajdid, Islamic Law.

HADONAH IBU NON-MUSLIM MENURUT AL-NAWAWI DAN ABU ZAHROH PERSPEKTIF SOSIOLOGI PENGETAHUAN Anam, Muhammad Mufti
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTJurisprudence emerges from the dialectic of a faqih and his intellectual social environment. Hadonah by a non-Muslim mother according to al-Nawawi is not permitted because of the reasons for the maslahah and the benefits of Islam over other religions. This jurisprudence is influenced by the background of al-Nawawi who is a hadith scholar and a linguist. While Abu Zahroh tends to allow non-Muslim mothers to breastfeed Muslim children because a mother loves children more than a father, even though there are some exceptions. This thought was due to Abu Zahroh's social and intellectual background who tended to study jurisprudence across schools and studied positive law, philosophy, and non-Islam religion.Keywords: Hadonah, non-Muslim, al nawawi, abuzahroh, sociology of knowledge

MENELUSURI JEJAK MAQASHID SYARI’AH DALAM ISTINBATH HUKUM IMAM HAMBALI Muttaqin, Muhammad Ngizzul; Nur, Iffatin
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTTheoretically, Maqashid Shari’ah puts forward the concepts, objectives and adaptability of Islamic law from philosophical-ideological characteristic to an actual-empirical one. The problems discussed in maqashid shari'ah are always interesting and debatable to Muslim scholars as well as comman people. Therefore, reviewing and tracing the footsteps of maqashid syari’ah in Imam Hambali’s legal method of istimbath has a strategic value in honing intellectual acuity as well as making it as a parameter in formulating new laws on various increasingly complicated and crucial contemporary issues faced by Muslims. In tracing the footsteps of maqashid shari’ah employing Sad Dzari’ah, which is the Hambali’s legal method of istimbath, it appears that flexibility, and dynamism of Islamic law rests on purposefulness (maqashid) as the essence of the law itself.Keywords: Imam Hambali, Islamic law, IstinbathMethod, Maqashid Syari’ah, Sad Dzari’ah

PENGEMBANGAN HUKUM ISLAM KONTEMPORER: DARI QAWLĪ KE MANHAJĪ Solikhudin, Muhammad
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTQawlī approach to solve legal problems, especially contemporary problems, needs to be strengthened and complemented with a manhaji approach. The existence of ushul al-fiqh which have only become supplementary tools to understand the works of classical fiqh, need to be improved to more applicable. Therefore, ushul al-fiqh ul will have direct relevance to the Muslims lives. This paper attempts to offer ushul al-fiqh manhajī which functions to develop the thought of Contemporary Islamic Law. In this paper ushul al-fiqh manhajī will be parsed, departing from classic ushul al-fiqh, the characteristics of ushul al-fiqh manhajī, the contemporary understanding of Islamic law, and the idea of progressive fiqh to face the growing age. It can be understood that ushul al-fiqh manhajī means ushul al-fiqh following the methodology of ulama thought, not the product of their thought. Following the methodology may result in the same or different product. Thinking methodologically means avoiding textuality an sich without studying its philosophical-methodological aspects. In conclusion, ushul al-fiqh manhajī is an offer to develop the thought of Contemporary Islamic Law.Keywords: Ushul al-Fiqh, M anhajī, ContemporaryIslamic law, Qawli

PIAGAM MADINAH DAN KONSEP DEMOKRASI MODERN ISLAM MASA KLASIK Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTAt present, the state system is increasingly advanced as the result of the adaptation to the world changes. The concept of democracy as one of the current democratic systems is also increasingly sophisticated compared to the practice of democracy in Greek civilization. However, people in developing countries, believes that a good state system which must be implemented in their country is constitutional systems originating from the West which are identical to non-Muslims system. The golden discourses of Islamic civilization in the state are still minimal. Therefore, this article seeks to present a new perspective on the concept of modern democracy which has long been practiced in the classical Islam by the Prophet Muhammad. This current study is a qualitative study which is explaining the concept of Islamic democracy in the classical era compared to the concept of democracy. The data are obtained from examining various books. The results suggest that the Medina charter was an outward proof of the practice of modern democracy that had been carried out by Islam in the classical period.Keywords: Medina Charter, Democracy, Modern,Islamic, Classical

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