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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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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

FUNGSI PENGAWASAN OTORITAS JASA KEUANGAN (OJK) TERKAIT PERLINDUNGAN KONSUMEN PADA LAYANAN PEER TO PEER LANDING FINTECH Jafar, Ahmad Ridha
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

The development of information technology has generated the innovation in the financial technology (fintech). One of the innovation is peer to peer lending system, which targeted the public and small scale business to provide the easily accessed capital. The regulation issued by Bank of Indonesia and the Board of Financial Authority is expected to assure the consumers? safety. The peer to peer lending system has turned out to give positive benefit in accelerating the economic growth. Anyway, the potential leak of the consumers? personal data threaten the sustainability of the fintech industry. Therefore, the prevention and the supervision system must be seriously considered. This study concludes that th fintech still need another set of regulations to protect the consumers, and to optimize the supervision from Bank of Indonesia and the Board of Financial Authority.Keywords: Peer-to-peer lending, financial technology, regulasi

PERAN POLRI, KEJAKSAAN DAN MAHKAMAH ADAT ACEH DALAM PENEGAKAN SYARIAT ISLAM DI ACEH Berutu, Ali Geno
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

The main institutions that play a very important role in the enforcement of Islamic law in Aceh are the Office of Islamic Law (DSI), the Shariah Court (MS) and Wilayatul Hisbah (WH) at the Aceh provincial level and the district level. The question proposed is what is the role of the national law enforcement agencies such as the Republic of Indonesia Police and the Republic of Indonesia Prosecutors' Office. As a matter of fact the application of Islamic law in Aceh is under the territory of the NKRI. It means that legally Aceh is not entirely independent but is still within the scope of national law enforcement. Therefore, the existence of the National Police and Prosecutors' Office in prosecuting its role in law enforcement in Aceh, particularly sharia-nuanced law is important to be investigated. This study uses a library approach of wihch primary sources are books, documents, laws, notes and online media about the implementation of Islamic law in this Veranda of Mecca.Keywords: Syariah Islam, Wilayatul Hisbah, MAA

HUKUM ASURANSI BADAN PENYELENGGARA JAMINAN KESEHATAN (BPJS) KESEHATAN PERSPEKTIF FIQH MUAMALAH DAN QAWÃ‚â€™ID FIQHIYAH Tohari, Chamim
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

This research reviews the definition of the Badan Penyelenggara Jaminan Kesehatan (BPJS), it?s implementation mechanism, and it?s law according to the Moslem scholars in Indonesia. The mechanism of its implementation reviewed based on the fiqh muamalah (transaction law in Islam). There are several issues answered in this research, but the most important issue is the problem of how the BPJS Health Insurance Law is reviewed from the perspective of fiqh muamalah. This research is a library research with descriptive legal research models. The approach used in this study is a normative juridical approach with a comparative analysis method. The results of this study shows that regarding to the BPJS Health insurance, the Moslem scholars in Indonesia differ in opinion, of which there are those that forbid, some allow, and some say the law is shubhat. Secondly, the relevance between the BPJS Health insurance operational system with the concepts in fiqh muamalah, it is found that there are similarities in several respects with the concept of ju'alah, wadi?ah, salam, and kafâlah or dhaman. From the perspective of qaidah fiqhiyah, the legality of the BPJS Health insurance seems to be stronger because of the compatibility with the principles of fiqh muamalah.Keywords: Insurance Law, BPJS, Fiqh Muamalah, Principles of the Fiqh

PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN Nawawie, A. Hasyim
Ahkam: Jurnal Hukum Islam Vol 7, No 2 (2019)
Publisher : IAIN Tulungagung

Crimes with child offenders in Indonesia are increasingly alarming from time to time. One of the most frequent crimes committed by children and child victims is sexual violence. One of the triggers of the onset of sexual violence by children with child victims is the rise of porn sites on the internet which can be easily accessed by children through mobile phones. This study used normative juridical research method. In accordance with the type of normative juridical research, the data collected is secondary data. The secondary data collection is intended to gain a theoretical foundation by studying the rules, documents and books that are related to this issue, and the opinions of scholars (doctrine). The result of the research shows that the form of juridical legal protection is regulated in special legislation for children, namely Law Number 35 Year 2014, the amendment to Law Number 23 Year 2002 regarding to the Child Protection and the implementation of legal protection have not been implemented optimally since it still uses the legislation, the old invitation, namely Law Number 23 Year 2002 on Child Protection. While the inhibiting factors in its implementation include legal factors, law enforcement officers, facilities and supporting facilities, community factors and cultural factors.Keywords: Legal Protection, Criminal Act of Abuse, Child

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