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NALAR FIQH REALITAS AL-QARADHAWI (MENDUDUKKAN RELASI TEKS DAN REALITAS SOSIAL) MUFID, MOHAMMAD
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

According to Islamic Jurist Ulema, the relationship between religion and social to determines Islamic law is a very interesting topic. Therefore, understanding the Qur'an nash and knowing the real situation would make it easier to determines the Islamic law. It is because impossible to understand the law if people do not understand the meaning of the text, social and some other causes. There is nash states that "the law can be changed according to the time and the place". It shows that looking at the reality is also important to the Islamic Sharia. Besides, Ijtihad also should see some of the realities and understand its nash and utilization correctly nowadays. This paper will describes some changes that have to be understood by Islamic jurist while learning the "Fiqh al-Waqi" from some doctor Yusuf Qaradawis comprehensions and some existing nash in Indonesia.

PERNIKAHAN DENGAN WALI MUHAKKAM (STUDI TENTANG IMPLIKASI DAN PERSEPSI ULAMA DI KOTA BANJARMASIN) SYUKUR, ABDUL KADIR
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Marriage ideally using guardian nasab who still have blood relations with the bride. But there are many obstacles that cause the marriage cannot use the guardian nasab. In that situation, the guardian is replaced by the magistrate guardian. But some people want to take the easy path by treat Ulema, religious teacher, or certain figure as guardian Muhakkam. Basically, they are not entitled to be the marriage guardian, but this marriage practices are still occured, including in Banjarmasin. Is paper examines the issues of guardian nasab and muhakkam in the marriage. This paper results indicate that the reasons of using guardian muhakkam in marriage are because of the reluctance to deal with magistrate guardian and the desire to take the easy path in marriage. In the opinion of Ulama, that marriage is not valid because there is still a magistrate guardian authorized. Besides, that marriage causes a lot of disadvantage, especially for the wife. It is because the absence of legal force (marriage certificate), the difficulty to sue the rights of wife and child, and the difficulty to have a birth certificate.

PERJALANAN IJTIHAD DALAM PERKEMBANGAN FIKIH AZHARI, FATHURRAHMAN
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

The growth and development of fiqh has a close relationship with ijtihad. Results of ijtihad by mujtahid have contribution in the establishment and development of fiqh. In other words, the growth and development of fiqh is depend on how much mujtahid use the ability and knowledge to make a legal product. Declining in the development of fiqh is caused by weakness of the Ulema to perform ijtihad. After the golden age of Islam, Ulema has no longer perform ijtihad as was done by the his predecessors. Moreover, the Ulema made a statement that ijtihad was closed, so the development of fiqh has decreased. To restore the spirit of ijtihad, the Ulema now have to perform various concepts of ijtihad.

MAKSUD-MAKSUD TUHAN DALAM MENETAPKAN SYARIAT DALAM PERSPEKTIF AL-SYATIBI Wahyuddin, Wahyuddin
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Maqashid al-Sharia is sharia purposes or secrets which are established by Allah. Accordingto al-Syatib, there are four purposes of Allah to determine the shariah: (1). For the benefit of peoplein the world and the hereafter. (2). To be understood. (3). As a taklif law that must be implementedand to eliminate hardship. (4). To comply and freed from the influence of the passions mukallaf. Thefirst mentioned purpose is the main aim, while other purposes only explains and details the firstpurpose. For the realization of such benefit, there are six essential components

PENGAWASAN MAJELIS PENGAWAS DAERAH TERHADAP NOTARIS SETELAH BERLAKUNYA UNDANG-UNDANG NO. 2 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NO 30 TAHUN 2004 TENTANG JABATAN NOTARIS HARIS, MUHAMMAD
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

The Notary is a public official who was appointed by the Minister. Notaries are authorized officer to make authentic act of the civil. With this relationship beetwen the notary and the community, it would require a Notary professional supervision. Supervision of the Notary conducted by the Regional Supervisory Council who was inaugurated by the Minister as specified in the Notary Act. After the enactment of The Law Number 2 Year 2014 about The Amendment to Law Number 30 Year 2014 concerning Notary, there are some changes in regulations about supervision and guidance that will be undertaken by the Regional Supervisory Council. This law says that supervision of the Notary conducted by the Regional Supervisory Council, while the development under the authority of the Regional Supervisory Council before is now a Notary Honorary Council authority.

EKSEKUSI HUKUMAN MATI DI INDONESIA (TINJAUAN HUKUM PIDANA ISLAM) NURWAHIDAH, NURWAHIDAH
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

The death penalty is still carried out in many countries, including Indonesia. Considering the death penalty concerning human lives, then multiply the pros and cons of going on in the community, but the Indonesian government together with some elements of society who support the death penalty remains on the establishment, that the death penalty should still be implemented to protect life. This paper seeks to inform some of the death penalty that has been implemented for a variety of specific criminal acts. This paper seeks to criticize, the extent of execution cases it can be justified according to Islamic criminal law. The results of this paper show the majority of crimes are indeed subject to the death penalty, there are still containing the controversy, but some are actually able to be released from the death penalty because the victim's family in a murder case has been forgiven.

KONSEP HUKUM ZAKAT SEBAGAI INSTRUMEN DALAM MENINGKATKAN PEREKONOMIAN UMMAT NAIMAH, NAIMAH
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Zakat is charity of worship and included in the five pillars of Islam, because zakat is the foundation of Islam, in addition to an absolute obligation for a Muslim. It is also fully aware that the charity is a key instrument in growing the economy and improving the distribution tool. Then during the practice of Prophet Muhammad Saw in the compulsory zakat in times of Apostle in Medina, where nishab is set up, and stats is responsible in managing. This study explores how the concept of charity law as an instrument to improve the economy ummah, how positive law in Indonesia, which was formed to be able to institutionalize zakat order to function optimally, huge potential utilization of zakat can be achieved. The findings showed that generally, the presence of act No. 23 of 2011 on the management of zakat was instrumental in the development of the organization or institution of zakat in Indonesia, because the act provides legal certainty for the operational organization of zakat (OPZ), and increased public awareness in regular charity through zakat institution or organization zakat (OPZ). In addition, this act provides the foundation for the implementation of the concept of zakat productive.This law can be important instrument to achieve the goal of zakat as the remover of poverty, reduce unemployment and improve the ummahs economy.

NALAR FIQH REALITAS AL-QARADHAWI (Mendudukkan Relasi Teks dan Realitas Sosial) MOHAMMAD MUFID
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

According to Islamic Jurist Ulema, the relationship between religion and social to determines Islamic law is a very interesting topic. Therefore, understanding the Qur'an nash and knowing the real situation would make it easier to determines the Islamic law. It is because impossible to understand the law if people do not understand the meaning of the text, social and some other causes. There is nash states that "the law can be changed according to the time and the place". It shows that looking at the reality is also important to the Islamic Sharia. Besides, Ijtihad also should see some of the realities and understand its nash and utilization correctly nowadays. This paper will describes some changes that have to be understood by Islamic jurist while learning the "Fiqh al-Waqi" from some doctor Yusuf Qaradawis comprehensions and some existing nash in Indonesia.

PERNIKAHAN DENGAN WALI MUHAKKAM (Studi tentang Implikasi dan Persepsi Ulama di Kota Banjarmasin) ABDUL KADIR SYUKUR
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Marriage ideally using guardian nasab who still have blood relations with the bride. But there are many obstacles that cause the marriage cannot use the guardian nasab. In that situation, the guardian is replaced by the magistrate guardian. But some people want to take the easy path by treat Ulema, religious teacher, or certain figure as guardian Muhakkam. Basically, they are not entitled to be the marriage guardian, but this marriage practices are still occured, including in Banjarmasin. Is paper examines the issues of guardian nasab and muhakkam in the marriage. This paper results indicate that the reasons of using guardian muhakkam in marriage are because of the reluctance to deal with magistrate guardian and the desire to take the easy path in marriage. In the opinion of Ulama, that marriage is not valid because there is still a magistrate guardian authorized. Besides, that marriage causes a lot of disadvantage, especially for the wife. It is because the absence of legal force (marriage certificate), the difficulty to sue the rights of wife and child, and the difficulty to have a birth certificate.

PERJALANAN IJTIHAD DALAM PERKEMBANGAN FIKIH FATHURRAHMAN AZHARI
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

The growth and development of fiqh has a close relationship with ijtihad. Results of ijtihad by mujtahid have contribution in the establishment and development of fiqh. In other words, the growth and development of fiqh is depend on how much mujtahid use the ability and knowledge to make a legal product. Declining in the development of fiqh is caused by weakness of the Ulema to perform ijtihad. After the golden age of Islam, Ulema has no longer perform ijtihad as was done by the his predecessors. Moreover, the Ulema made a statement that ijtihad was closed, so the development of fiqh has decreased. To restore the spirit of ijtihad, the Ulema now have to perform various concepts of ijtihad.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Rizanizarli

Contact Email
rizanizarli@unsyiah.ac.id

Phone
-

Journal Mail Official
anwar.hafidzi@uin-antasari.ac.id

Editorial Address
Jalan Ahmad Yani KM. 4,5 Banjarmasin Kalimantan Selatan

Location
Kota banjarbaru,

Kalimantan selatan

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Rizanizarli

Contact Email rizanizarli@unsyiah.ac.id

Phone -

Journal Mail Official anwar.hafidzi@uin-antasari.ac.id

Editorial Address Jalan Ahmad Yani KM. 4,5 Banjarmasin Kalimantan Selatan

Location Kota banjarbaru, Kalimantan selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Rizanizarli

Contact Email
rizanizarli@unsyiah.ac.id

Phone
-

Journal Mail Official
anwar.hafidzi@uin-antasari.ac.id

Editorial Address
Jalan Ahmad Yani KM. 4,5 Banjarmasin Kalimantan Selatan

Location
Kota banjarbaru,

Kalimantan selatan

INDONESIA