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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.

Arjuna Subject : -

Articles 273 Documents

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PENERAPAN PRINSIP-PRINSIP SYARIAH PADA SHARIA ONLINE TRADING SYSTEM MENURUT FATWA DEWAN SYARIâ€™AH NASIONAL NO.80/DSN-MUI/III/2011 Agustin, Inneke Wahyu
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

SOTS is the first online sharia trading system in the world and was formed with great hopes that the majority of Muslim community of Indonesia can contribute a lot to the Capital Market in Indonesia. This system is based on sharia principles as DSN-MUI Fatwa No. 80 of 2011. Some people are skeptical about SOTS because they think it is still jointly managed with the Online Trading System. The focus of this study is to analyze the Sharia Online Trading System based on the DSN-MUI Fatwa No.80 of 2011. Using the literature review method based on data on the official website. The results of the analysis state that SOTS is in accordance with the sharia principles. However, because there is still a scope of orders from the online trading system, people are doubtful that it is not in accordance with Islamic principles.Keywords: Sharia Principles, Sharia Online Trading System (SOTS), Sharia Capital Market

METODE RAá¹¢DU QIBLAH DENGAN BEDA AZIMUT DALAM PENENTUAN ARAH KIBLAT Azmi, Muhammad Farid
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

Ra?du Qiblah is a method of determining the direction of qibla which is known to be economical, practical and accurate. In practice, Ra?du Qiblah is restricted due to the presence of the sunray and the limited time. As the result, the Ra?du Qiblah formula with azimuthal angle is developed as a solution which can be utilized four times or more in a day. This research employs a quantitative approach with mathematical analysis to describe the accuracy of the method. The findings of this study are that the calculation of the Ra?du Qiblah with different azimuth approaches the solar azimuth calculation results at any time. The results of the practice also approach the local Ra?du Qiblah which means that the accuracy of this method is almost the same as the original method and can be used as an alternative for determining the accurate direction of qibla.Keywords: Ra?du Qiblah, Difference of Azimuth, Astronomy

PEMIKIRAN FIKIH LINGKUNGAN YUSUF AL-QARAá¸ŒAWI (Sebuah Upaya Mewujudkan Maá¹£laá¸¥ah al-â€™Ammah) Ngizzul Muttaqin, Mashuri & Muhammad
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

Being one of prominent figures in the field of fiqh, Yusuf al-Qara?awi is one of the contemporary scholars who initiates the ideas and thoughts about fiqh b??ah (fiqh of environment). The current global environmental crisis ranging from global warming, climate changes, ozone layer depletion, acid rain, exploitation of natural resources, illegal logging, deforestation, floods, droughts, landslides, extinction of biodiversity, and so forth, have been becoming global crucial problems until now. These phenomena become a serious issue since they endanger and threaten the sustainability of the earth. This paper is aimed to study the Islamic perspective on safeguarding the nature and its contents in order to realize ma?la?ah al-?ammah (the public benefits) to the entire population of the earth. The thoughts of Yusuf al-Qara?awi need to be disseminated in order to realize the values of ma?la?ah al-?ammah so that the purpose of realizing Islam as the religion of ra?matan li al-??lam?n (a blessing to all of the universe) may come true.Keywords: Fiqh B??ah, Jurisprudence of Environment, Ma?la?ah al-?Ammah, Public Benefits

ANALISIS PELAKSANAAN PERJANJIAN JAMINAN FIDUSIA (Studi Kasus FIF Astra) R, Rahmawati
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

This research is to find out the process of implementing a fiduciary guarantee agreement and to know the legal consequences of a fiduciary guarantee agreement when FIF Astra is not registered. Based on the results of the study it can be concluded that in terms of its implementation and the contents of FIF Astra's financing agreement, it has fulfilled the provisions of legislation, especially the Civil Code. This is intended to provide legal certainty for the parties, both for fiduciary providers and for fiduciary recipients so that they can provide legal protection to creditors (fiduciary recipients) and other third parties. Regarding to the consequences of fiduciary guarantee law which is not registered according to Law Number 42 of 1999 that fiduciary guarantees must be made with a Notary Deed and registered with the Office of the Ministry of Law and Human Rights, in order to have execution power, in addition, creditors will obtain preferential rights. If the fiduciary guarantee is not made under the hand and is not registered in accordance with the provisions of the legislation, it does not have the execution power, and the right of preferential rights and can be nullified and voided by law.Keywords: Implementation of the agreement, Fiduciary Guarantee

EKONOMI POLITIK ISLAM: PEMIKIRAN, PERGERAKAN DAN PERKEMBANGAN NYA DI INDONESIA Nasrullah, Aan
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

One of the dominant factors affecting the economic performance of a country is the political economy system used. The thougt and movement of Islamic political economic system will also affect the economic and financial practices of sharia (Islam). In the economic-political context, Indonesia is more likely to use a pattern of political systems that the government is to engage and interfere the economic and business fields. The movements of Islamic political economy in Indonesia based on periods are as the following: (1) at the beginning of independence and the period of the Old Order, the practice of Islamic political economy is reflected from the thoughts of the nation founding father, M. Hatta, with the concept of Indonesian Socialism or Religious Socialism. (2) in the New Order era, the political economy of Islam tends to disappear due to economic policy and political system at this time. (3) the politics of the reform period have a positive effect on the movement and development of Islamic economic politics. Stakeholders such as governments, academics and practitioners contribute actively to the movement of Islamic political economy.Keywords: Political Economy of Islam, Thought and Movement

POLA TRANSFORMASI FATWA EKONOMI SYARIAH DSN-MUI DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Wahid, Soleh Hasan
Ahkam: Jurnal Hukum Islam Vol 4 No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.2.171-198

Until now, there have been 100 fatwas issued by the DSN-MUI. In ayah (3) of Law No. 21/2008 concerning Islamic Banking, it is explained that the fatwa referred in ayah (2) set forth in Indonesia. That case consist that Bank Regulation implies that the new DSN-MUI fatwa is binding after being regulated become Bank Indonesia Regulation (PBI). In transformed into PBI, fatwa DSN-MUI has been also transformed into the Economic Law Compilation true Syari’ah is the Indonesian Supreme Court Regulation No. 2 of 2008. In addition the DSN-MUI fatwa also transformed into provisions of the legislation in the field of capital markets such as the Law No. 19 of 2008 concerning Sharia Securities. There was a lot of research about the kinds of fatwa that are transformed into positive law mentioned above, but not touching the whole aspect of how the pattern of absorption DSN-MUI fatwa to the laws and this research was conducted to answer the question. This study is using research library with content models and comparative analysis in order to explain the contents of the statutory provisions and DSN-MUI fatwa and to compare both of them. Based on this research we concluded that there are three models DSN-MUI fatwa absorption in the legislation, the first model of copy and paste or copy the title fatwa in the articles of a law. Second, substantive patterns that only take substance from the fatwa was later translated into chapter’s legislation with language that formal. Third, extending the provision of the fatwa and/or translating the provisions of the fatwa of a general nature in the form of a more operational so that it can be applied in the operations of a financial institution.Kata kunci: Transformasi Fatwa, Ekonomi Syariah, DSN-MUI,Perundang-Undangan

TRANSAKSI JUAL BELI DROPSHIPPING DALAM PERSPEKTIF FIQH MUAMALAH Bariroh, Muflihatul
Ahkam: Jurnal Hukum Islam Vol 4 No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.2.199-216

One of transaction trading online systems that are currently beingpopular among the community is the trading with the dropshippingsystem. This system involves three parties namely supplier, dropshipperand consumers .The dropshipper does not require to possess the itemsbeing sold , but only provide sales for marketing goods through thewebsite and social media .The system of such trading in practicecauses several problems in Islamic law because the dropshipperssell goods which is not in their possession .This study aims toexplain dropshipping trading system and review its practices fromthe perspective of Islamic law or Fiqh. This study employs a libraryresearch method. The results indicate that the practice of dropshippingtrading online is not against Islamic law although the dropshippers donot possess the goods offered to the consumers. Such trading systemis allowed to use wakalah agreement, hail and samsarah. It shouldbe noted that the dropshippers must also be honest and present trueinformation regarding the condition and the specification of the goodsbeing traded.Kata kunci: Dropshipping, Dropshipper, Salam, Samsarah, Wakalah

SISTEM TRANSAKSI E-COMMERCE DALAM PERSPEKTIF KUH PERDATA DAN HUKUM ISLAM Santoso, Sugeng
Ahkam: Jurnal Hukum Islam Vol 4 No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.2.217-246

Trading transactions are not only done conventionally, where buyersand sellers meet face to face. Now the transaction has been switchedinto cyber-spaced transaction, where the trading transactions areconducted through social networking, computers, mobile phones,etc. Such Transactions are called online trading transactions(e-commerce). According to Islamic law e – commerce transactionshould also meet some required conditions such as employers in onlinecommerce (e-commerce) are qualified to be taxable income. But ifthe income tax law that is used in the taxation for online commercetransactions (e-commerce) is employed, the tax will not be able tobe maximized because basically e-commerce transactions are verydifferent from conventional trading transactions. So the need for newrules to serve as a legal basis of the taxation of income in e-commercetransactions is emerging.Kata kunci: Sistem Transaksi, E-Commerce, KUH Perdata, HukumIslam

PENGELOLAAN ZAKAT DI BADAN AMIL ZAKAT NASIONAL KABUPATEN TULUNGAGUNG DALAM PERSPEKTIF MAQASHID AL-SYARIAH Aibak, Kutbuddin
Ahkam: Jurnal Hukum Islam Vol 4 No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.2.247-288

Why BAZ cannot operate optimally is due to two factors. First, as amatter of fact, this institution is just passively waiting for the zakatpayers. Second, the zakat paid through this institution is limited tothe zakat of income from certain offices, not from massive individual.In addition, it has been a long tradition that the Moslems do not paytheir zakat fithrah through this institution. Zakat fithrah is commonlypaid for the receivers’ daily consumption. Considering the problemsabove, some initiatives must be taken. First, institutionally BAZmust be empowered by setting up zakat picking units (UPZ) in everymosque and these units are managed professionally to serve thezakat payers. Second, the zakat must be managed and distributed tothe right receivers for the productive purposes, not the consumptivepurposes. Since the zakat is still distributed for the consumptivepurposes, from the perspective of maqashid al syariah it can beconcluded that the management of zakat so far has not yet achievedits fundamental purpose to empower and to prosper the poors andthe weaks.Kata kunci: Pengelolaan, Pengumpulan dan Pendistribusian Zakat,Maqashid al-Syariah

PELECEHAN SEKSUAL ANTAR ANAK DALAM PERSPEKTIF HUKUM PIDANA Ladin, L.
Ahkam: Jurnal Hukum Islam Vol 4 No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.2.289-304

Decency crime in general is an act or acts of violating decency orimmoral intentionally damaging public decency or others is notvolition, the victim, by force and by threats of violence. Laws threatenpunishment for anyone who violates the act. Meanwhile, the intendedpublic is for example in school buildings, a bunch of people, places thatcan circulate to each person, and so on. Through a variety of mediacan be seen almost every day crimes with various kinds. Similarly,the perpetrators themselves, anyone can be a perpetrator of a crime,whether the perpetrators are still children, older people, both men andwomen. So regardless of age or gender, although in reality the numberof crimes committed by children is relatively small, but it cannot bedenied that the crimes committed by these children happen everywhere.As crime decency committed by minors, it is certainly influencedby many factors, among others, because the child does not receiveaffection from their parents, parents forget themselves as parents beingtoo busy, also caused by certain parties that is not responsible for, theinfluence of the environment, freedom of association as a result of notgetting attention from their parents at home, their freelance film andvideo sensors, readings can damage the child’s psyche.Kata kunci: Pelecehan Seksual, Anak, Tinjauan Hukum Pidana

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