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DIKTUM: Jurnal Syariah dan Hukum

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Published by Sekolah Tinggi Agama Islam Negeri Parepare

ISSN : 16931777 EISSN : 25488414 DOI : -

Core Subject : Humanities, Art, Social,

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

DIKTUM : JURNAL SYARIAH DAN HUKUM Jurusan Syariah sekolah Tinggi Agama Islam Negeri Parepare Fokus pada kajian Studi Ilmu Syariah, Hukum Islam, dan Ekonomi Islam meliputi: Ruang Lingkup Ibadah, Hukum tentang keluarga atau hukum badan pribadi (ahkam al-ahwal al-syakhshiyyah, Hukum tentang kebendaan (al-ahkam al-madaniyyah, Hukum pidana (al-ahkam al-jinaiyayah), Hukum acara (al-ahkam al-murafaâ€™at), Hukum ketatanegaraan (al-ahkam al-dusturiyyah), Hukum internasional (al-ahkam al-dauliyyah), dan Hukum ekonomi dan keuangan (al-ahkam al-iqtishadiyyah wa al-maliyyah). Etika Publikasi

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Articles 359 Documents

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SEJARAH KODIFIKASI HUKUM ISLAM DAN PENGEMBANGAN TEORI HUKUM MODERN Musyahid, Achmad
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This article describes the issue of codification of Islamic law in the development of modern legal theory. From the assessment results obtained by understanding some of the literature that was essentially the codification of Islamic law is the codification of the rules of fiqh and usul fiqh rules and the development of theories of Islamic law that is based on Islamic law epistimologi. Therefore, the pattern includes the codification of Islamic law; codification of the rules of fiqh which includes three phases, namely the development of a period of growth and formation, the development and codification and the maturity and refinement. While codification of usul al-fiqh includes not only the rules of jurisprudence but also related to the struggle of who the originator of usul al-fiqh as a mode of philosophical thought in epistimologi Islamic law. Birth of legal theories under Islamic law epistimologi Why refer to the style of traditional and rational thinking in Islamic law underlies epistimologi birth maqasid al-Shariah theory developed by Islamic jurists before the era and the era of al-SyÄtibi maqashid theory after al- SyÄtibi.

PEMBARUAN HUKUM ISLAM DALAM TERAPAN DAN PERUNDANG-UNDANGAN DI INDONESIA Asriati, Asriati
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Based on the IMPRES No. 1 of 1991 dated June 10, 1991 jo. Ministerial Decision of Religious Affairs No. 154 of 1991 Date July 22, 1991, Islamic Law Applies nationally and where possible be used as guidelines and implemented by community and religious court judges throughout Indonesia. In setting decisions, the judges based on the Compilation of Islamic Law. Given the changes and reforms brought by KHI will require an analysis of the nuances and established Islamic law reforms contained therein, including that on the registration of marriages and permits polygamy. The idea of renewal of Islamic law in Indonesia has basically been pioneered in a long time and it happens among Muslims own relatively intense pull between the traditionalists / conservatives are so attached to the School of schools of jurisprudence on the one hand and the modernists who break away from the bonds schools of fiqh on the other. The traditional jurist does not require the registration of marriages, while in KHI recording it is a necessity and the marriage is not registered in the view does not have the force of law. Permit polygamy according to traditional Islamic law strictly without reservations may even allow polygamy are less likely to be responsible, while in KHI polygamy is seen as an emergency exit and skill must be with the permission of the court and the conditions are stringent. The foundation of the constitutional ideal and KHI is the Pancasila and the 1945 Constitution. Its a presidential decree published in the preamble and in the general explanation KHI. It was conceived as part of the national legal system that ensures the survival of religion based on belief in the Almighty God who simultaneously embodies the legal awareness and Indonesia. This is in accordance with article 29 paragraph 1 of the 1945 Constitution

PEMBERLAKUAN ATURAN PERKAWINAN ADAT DALAM MASYARAKAT ISLAM LEIHETU-AMBON Soumena, M. Yasin
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This research aimed at describing empirically the criteria of determining partners for life, the ways of carrying out the wedding and wedding ceremonies before. During, and after the marriage oath with all its regulation sets. These were studied stroke the approach of legal anthropology, namely, observing how to events of customary regulation operated in the empirical world, how the community members behave actually. In the behavior what roles call be seen from the various normative which to place in their surrounding.m Nowadays, in the applications of the customary in the Islamic community of Laihitu, the configuration of customary cultural an Islamic values had taken place. As the Islamic values were unified in to the application of customary cultural plastice, then at that time they were considered as customary regulation. In the terminy the partner for life, a young man shall give priority to regulation factor, descendent and should avoid endogamic system. The nature of family relationship followed by the community was patrilineal system. To carry the wedding ceremonies, there were to choices: (1) through marriage in which the husband carried off his wife to another city or place (âbalari biniâ); and (2) through marriage in which a young man proposed to marry a girl to be his wife (âkawin minta biniâ). One of the two ways could be be done on the condition that the responsibility for the rights and obligations, legal guarantee, and legal certainty should be taken into consideration. Before the wedding ceremonies, it was claimed that both sides unite the perception in one family gathering (Bakumpul basudara). This family gatering was a unifying force for friendship and as a team of successfulness in the wedding ceremonies. The regulation that should be obeyed was the execution of contract (Ijab qabul) according to the procedures and the necessity that the bridegroom should obey the usual regulation of the time he met the bride. After the marriage oath, each family should appliciate the service of all persons taking part actively in the ceremonies by making something as standar.

PARADIGMA KH. ALI YAFIE TERHADAP SUMBER- SUMBER HUKUM ISLAM Sadat, Anwar
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This article reviews the paradigm Yafie KH.Ali thinking about the sources of Islamic law in particular sources of law that has been agreed upon. The method used is a literature review with a direct look at various sources or manuscript is an original work of KH Ali Yafie. Ali Yafie figure was one of the active transform thinking through scholarly writings. Primarily covering the social, political, economic, and health dimensions of Islamic studies (Islamic studies).

RIBA DALAM ALQURAN (Suatu Kajian Dengan Pendekatan Maudhuâiy) M., Amiruddin
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Islamic Law in principle be dynamic, flexible and elastic to maintain a balance between the principles of Islamic rules with the development of the world of thought, it is intended for the benefit of human life. Islamic law on property rights asserted material social functioning, therefore private property rights are not absolute, but related to social obligations. So the property owner does not fully treat her possessions, such as hoarding treasure, treasure spent in belebih exaggeration, using treasures to bribe, gamble, and trending thing not justified normative. Islamic law also regulates the development of property, Islamic law does not justify the development of the property by way of deprivation, oppression, or persecution, including the practice of usury, which is forbidden by Islamic law. Islamic scholars, Ulama agreed stating that the Koran clearly states usury laws is forbidden. Then differ in their views in response to the development of the monetary system or developments in economic transactions. When observed differences cleric and Islamic scholar in setting legal interest in the monetary system, it turns out that the difference arises because attitudes about their perspectives on the banking system. Ulema who justify seeing that the banking system is not as represented memperaktekkan riba riba in the Arab Jahiliyyah which is prohibited by the Koran. While scholars forbid, see the practice of usury in the banking system as riba is usury nasiah during Jahiliyyah

PORNOGRAFI DAN PORNOAKSI DALAM PERSPEKTIF HUKUM ISLAM Hannani, Hannani
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This paper describes the problem Pornography and pornographic in perspective of Islamic law. From the day the results of the study some literature gained an understanding that pornography and porno-action basically there and known since time immemorial even as old as the history of human civilization in the world. The history of pornography in the Western world mostly refer to the Renaissance, the Enlightenment and the French Revolution. In the 16th century, the roots of pornography in the Western world is considered as a balance between the field of politicians, and sexual. Some of the things a means of dissemination are: First, the internet through various websites that describe and create a narrative about the sexual activities of artists and other public figures to ordinary people with different sexual activities either normal or abnormal (homo-sexual, lesbian etc. other). Second, through television soap operas, stories about celebrities, music performances presenting Nudity. Third, tabloids and magazines that display images of half-naked to the naked full of stories from the myth to the real story about sex. Fourth, sex teaching aids such as artificial genitals (there are electronic vibration and warmth made) that can be used for deviant sex offender. Fifth, the computer programs are filled with a variety of films, stories and pornographic images. Sixth, telephone and mobile phone to be used as a means to make it easier affair, either through direct negotiations or through spoofed SMS to further facilitate the acronym of cheating. Pornography in the perspective of Islamic law are forbidden, it is clearly a normative based on several verses in Surah al-Nur verse 30, 31 and surah al-Isra verse 32. And some of the traditions of the Prophet, Which expressly prohibits. In addition, the provisions of the MUI Fatwas No. dated August 22, 2001. year 287 2001 clearly and unambiguously forbids pornography in all its forms.

HUMAN TRAFFICKING DAN SOLUSINYA DALAM PERSPEKTIF HUKUM ISLAM Basri, Rusdaya
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This article discusses the problem of human trafficking and the solution in the perspective of Islamic law. Human Trafficking is "the act of recruiting, transporting, storage, delivery, transfer, harboring or receipt of persons by threat of violence, the use of violence, kidnapping, abduction, fraud, deception, abuse of power or of a position of vulnerability, or giving entrapment debt payments or benefits to achieve the consent of a person having control over another person, whether committed within the country and between countries, for the purpose of exploitation or lead to the exploitation ". Considering that Human Trafficking is a crime against humanity that can not be tolerated. Appearance has destroyed life aspects, for violation of human rights became the main focus of this discussion with the approach of the literature. A review of the literature suggests that Human Trafficking in the form of slavery has existed since before Islam came even become a tradition in pre-Islamic social system. In the perspective of the social history of Islamic law, trafficking in any form is prohibited in Islam for violating human rights and dignity. And solutions for combating trafficking is transforming the Islamic concept of zakat utilization in addressing trafficking issues in a practical way. It means giving alms directly to the victims of trafficking as a group riqab and utilize zakat as support in funding programs to eradicate trafficking. Besides handling the problem of trafficking, conducted with the efforts and measures of structural and cultural, strategic and practical. Thus, efforts to eliminate trafficking in persons, especially women and children can be realized. Due to the elimination of trafficking in persons is a religious obligation, obligations, liabilities and obligations of all Muslims who respect human dignity and humanity.

POLITIK TRANSAKSIONAL DALAM PERSPEKTIF HUKUM ISLAM DI INDONESIA L., Sudirman
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 1 (2012): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This article describes the problem of transactional politics in the Islamic legal perspective. The results of the assessment with the understanding that the approach to literature obtained political behavior that occurred at this time in order to try to influence a person or group of people behave or act in accordance with the wishes of the first, by any means. The ways that used to be inducement, coercion or incentives to construct a second party. Political bargaining may be the threat of punishment, it can also be lucrative offers. First party power base to influence the second variety, can be monetary, political office and control of negative information about the second. Political practice as it was away from the political ethics in Islam. In the Quran, Allah Swt. commands Muslims to choose good leaders and the faithful, and to do justice. Because if the leader is good, smart, healthy, honest and not corrupt, fair and trustworthy people will surely prosper and prosper.

MAQASHID AL-SYARIâAH (Telaah dalam dimensi Ketuhanan dan Kemanusiaan) Rasyid, Muh. Haras
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This article titled âMaqashid al-Syariâah (Assessing the dimensions of Divinity and Humanity)â. Maqashid al-Syariâah, it simply means that the purpose of Allah swt, create Syariâah that govern the lives of His creatures especially humans. One of the most important goals are for the benefit of human life in all aspects, both aspects of the spiritual and physical aspect. Allah Swt. creating Syarâah, philosophically when analyzed contains two dimension. First, the absolute dimensions or non-negotiable and must be received in faith. What Allah commanded and forbidden, must be carried out (dimensions Godhead). Second, the dimensions of which there are legal aspects relating to the real conditions of human life from time to time. These aspects require reasoning or human involvement to solve the legal problems faced by humans (human dimension).

KONSEP ISHLAH DALAM HUKUM ISLAM (Perspektif tafsir Maudhuâiy) Saidah, Saidah
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Alquran is guidance of Muslim of all their actions. So, we never forget alquran as guidance to solve our (muslimâs) problems. Beside that the islamic law is based of alquran. Thatâs meaning all of the rules in islamic law must be based on alquran. In realities, the society of muslim appear many problems (complict) and Ishlah (peace in English term) is one of way to end the complict. According in this written, islah is the best way than the other ways to make peace who the peopleâ complict.

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M Ali Rusdi

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alirusdibedong@gmail.com

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Journal Mail Official
diktum@stainparepare.ac.id

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Location
Kota pare pare,

Sulawesi selatan

INDONESIA