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Syariah: Jurnal Hukum dan Pemikiran
Published by Universitas Islam Negeri Antasari Banjarmasin
ISSN : 14126303     EISSN : 2549001X     DOI : 10.18592/sjhp.v22i1.4843
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue " Vol 13, No 2 (2013)" : 7 Documents clear
Urgensi Asbab Al-Nuzul Ayat-Ayat Ahkam Ruslan, Ruslan
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.153 KB) | DOI: 10.18592/syariah.v13i2.173

Abstract

One way to understand the Al-Quran guidance is using asbab al-nuzul. Fortunately, this approach is not satisfactory for some people, so they start to doubt the importance of it. After the ulum Al-Quran literature survey and also to the related laws, it was found out that it is a necessary to consider the history of Islam/ Arab society as a knowledge in using asbab al-nuzul. The combination of those two knowledge will bring to the true and scientific understanding. Based on both knowledge: the importance of ashab al-nuzul and the laws of ahkam, the knowledge that can be formulated are: knowing the wisdom of the establishment of the laws, avoiding the misunderstanding about the law materials, avoiding the presumption of the laws limitations, justifying the laws according to its purpose, and revealing the hidden statement and meaning of laws.
Ruang Lingkup Kewenangan Peradilan Agama Dalam Mengadili Sengketa Ekonomi Syariah Rahmi, Diana
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.463 KB) | DOI: 10.18592/syariah.v13i2.174

Abstract

After the implementation of the Act No. 3 year 2006, the dispute of Islamic Economic is absolutely included as the domain of the Islamic Courts competence, and would be entirely resolved by this court as well. However, some regulations recently lead to reduce this competence belongs to the Islamic Court by making this court not the only institution to resolve the dispute of Islamic Economic. In fact, the domain of the Islamic Court that is extended to settle all the Islamic Economic disputes, is also reduced by a clause that potentially indicate to resolve the dispute outside from the Islamic Court (as stated in the contract), and also by a conflict settled on the of Islamic arbitration.
AQIQAH SETELAH DEWASA (Studi Sanad dan Matan Hadis) Rahmi, Nispan
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (249.857 KB) | DOI: 10.18592/syariah.v13i2.175

Abstract

Al-Baihaky and al-Bazzar has narrated the hadith about "Aqiqah after Adult." This hadith is not only famous among the scholars of hadith, but also on the part of Muslim society to exist among those who practice it, there are allow and do aqiqqah after adults, but some are rejected because they do not correspond to the meaning aqiqah itself. Aqiqah is the hair that grows on the head of the baby when born. Aqiqah also means the name of the slaughter of animals slaughtered for the newborn child. in terms the quality sanad of hadith is dlaif (weak). Then, why some jurists use these traditions to legitimize the permissibility of carrying out aqiqah as an adult? Or maybe the hadith hasan or even authentic quality. This question inspires the author to examine the hadith, whether authentic or dlaif? The findings of this study indicate that the quality is very dlaif and matan (the text of the report) contained irregularities..
DOWN PAYMENT (DP) DALAM PEMBIAYAAN MURABAHAH (Perspektif Fikih Muamalah) Naimah, Naimah
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (169.132 KB) | DOI: 10.18592/syariah.v13i2.176

Abstract

According to the Classical Islamic Literatures, down payment is clearly known as Urban in Arabic, or in Bahasa accepted by Panjar, which means an initial agreed contract into a transaction. Islamic Scholars arguably have different opinions in implementing down payment as a method in the transaction. There are some scholars who do not agree to put down payment as a particular way in the transaction, but others do. However, by exercising the quality of specific reasoning that is applied, and also the fact of the acceptance of the system of transaction, therefore this method of payment is generally accepted.
Konsekuensi yang Timbul Dari Asas Legalitas Dalam Hukum Pidana Materiil Pristiwati, Endang
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (146.029 KB) | DOI: 10.18592/syariah.v13i2.171

Abstract

The principle of legitimacy as a state aims to protect the society, which is expressed in the principle of legality. While the purpose of the law is more fundamental justice. This principle is officially defined as what is just stated by the constitution. This definition however has been left by some developed countries which is according to them could not be extended in its application. Therefore the definition of the principle of legitimacy should be expanded comprehensively in order reach wider consequence in the law and constitution. Substantive legality principle holds that the main purpose of the law is that justice can be realized based on the laws that have a broader scope than just the law, so it should have been in Indonesia also have to switch the view of the use of formal legality principle to the principle of legality material.
ARTI DAN MAKNA KEBENARAN ILMIAH DALAM TELAAH HUKUM ISLAM Gazali HB, Ahmad
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.147 KB) | DOI: 10.18592/syariah.v13i2.177

Abstract

This writing is the description about the scientific truth of the Islamic Law, or in the Islamic science treasury is called Fiqh. Through the scientific process, we can find out lots theories of truths, for instant the correspondent, coherent, pragmatic, syntactic, semantic, non descriptive and over logic truth. Toward those theories of truth, there are three approach methodologies that we can apply to get them. The first methodology is the religious approach, the second one is the scientific approach, and the last one is the philosophic approach. These three approach methodologies are closely relates with the development of the Islamic Law, since they are also the scientific disciplines. In the Islamic Law, there is also mention about the correspondence and coherence truth. The methodology that is used to result the laws related to the general scientific methodology as well. For that reason, the truth which is resulted from that scientific approach is mostly positive
Perdagangan Orang ( Human Trafficking) Dan Penegakan Hukum Di Kota Banjarmasin Bahran, Bahran
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (183.579 KB) | DOI: 10.18592/syariah.v13i2.172

Abstract

Human frafficking, particularly among the children, is offensively against a human dignity as well as human right. In Banjarmasin , recruiting the childe to become a beggar on the street is classified as a human trafficking crime. This recruitment intends, other than exploit these children, also to make people suffering for sadness and sorrow, therefore these tend to donate them some money. This ekploit indeed, is ordered as a crime which also defined by the act 21 year 2007. However the supremacy of law for the actor of this human trafficking crime in Banjarmasin is still pathetically very vulnerable.

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