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Jurnal Syariah Hukum Islam
Published by IAI Al-Mawaddah Warrahmah Kolaka
ISSN : 25990195     EISSN : 25990195     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 35 Documents
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EFEKTIFITAS MEDIASI DALAM PENYELESAIAN SENGKETA HARTA BERSAMA DI PENGADILAN AGAMA MAKASSAR Abu Rahman Baba
Jurnal Syariah Hukum Islam Vol 1 No 1 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

This research study about “Mediation Effectiveness in Dispute Settlement of Property in Religious Courts of Makassar”. The aim of this research is to find out the effectiveness of mediation in the settlement of disputes over property. The other cases, to know the factors that influence the process of mediation in the dispute of property in Religious Courts of Makassar. This research is empirical field research with normative cases. The population of this research are mediators, advocates and seekers of justice at Religious Courts of Makassar. The types and sources of data required in this research are primary and secondary data. Techniques used in order to obtain data are questionnaires, interviews, documentation. Data analysis techniques use qualitative and quantitative analysis. Based on the analysis of the implementation of mediation process in the dispute settlement property Religious Court of Makassar has not been effective. Some Factors affecting the process of mediation in the dispute of property in Religious Court of Makassar are consists of legal substance, legal structure and legal culture.
METODE IJTIHAD IMAM HANAFI DAN IMAM MALIK Askar Saputra
Jurnal Syariah Hukum Islam Vol 1 No 1 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

This research determined to the pattern of Ijtihad of imam Hanafi and Imam Maliki. The The mindset used by the scholars of the four schools of thought emphasizes the maturity of attitude and tolerance in the face of various problems. The study of Islamic law that they do is always based on the Qur'an and Sunnah. Factor sociology and culture could be impact to how make decision about Islamic law. Based on research, It was found that Imam Hanafi was speaking with sources Al-Quran, As-Sunnah, Al-Ijma`, Al-Qiyas, Al-Istihsaan, Al-'Urf. Then, the source of the law used by Imam Malik looks more than what Imam Hanafi used, it is Al-Quran, As-Sunnah, Al-Ijma`,Al-Qiyas, Al-Istishlaah, Al-Istihsan, Al-'Urf, Khabar Ahad and Qiyas, Qoul Shohabi, Amal Ahli Medina, Sadd Ad-Dzari`ah, Istishaab and. Syar`u Man Qoblanaa
PERKEMBANGAN USHUL FIQH Irwansyah Saputra
Jurnal Syariah Hukum Islam Vol 1 No 1 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

Ushul fiqh is a knowledge of the various rules and languages that become the means to take the laws of man's deeds about the deeds of man concerning his detailed arguments. In the history of ushul fiqh development known to two streams that occur, among others, due to differences in building usul fiqh theory to explore the science of law. The first flow is called the flow of Shafi'iyah and jumhur mutakallimin (expert kalam). This flow builds ushul fiqh pure theoretically without being influenced by religious branch issues. The second flow is known by the term fuqaha flow held by the scholars of the Hanafi school. Named mazhab fuqaha, because in composing the theory of this flow, much influenced by furu' that exist in their school.
DAGING HALAL DAN THOYYIB Muhammad Askari Zakariah
Jurnal Syariah Hukum Islam Vol 1 No 1 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The objective of this study was determined to halal and good (thoyyib) in food and feed. Halal on plate and halal on production is one of term were used on this research. The term halal on plater is view from substrate, then halal on production is view from process include a slaughtering process until marketing. Critical control point for decided a meat halal is nine (9) point from handle a cattle until labeling. Some causes in area outer Kolaka Regency was showed that The marketer mixed or added a non halal meat to halal (meat) product.
IBADAH QURBAN SEBAGAI WUJUD IMAN DAN TAQWA DALAM MENYUKSESKAN PEMBANGUNAN Muhammad Zakariah
Jurnal Syariah Hukum Islam Vol 1 No 1 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

Qurban (sacrifice praying) has two aspects, namely the divine aspect and the aspect of ijtimaiyah. Vertical or divine aspect in order to get closer to God, taqarrub ilallah. And the horizontal or ijtimaiyah aspect is the effort to bring a sense of closeness, connect silahturahmi with fellow human. The essence of the essence of qurban worship is sincerity. Sincerity sacrifices some of our loved ones and enjoys them for interests beyond our interests. Sincere nature will flourish as the fruit of Iman (faith) and taqwa (Godly). If we are given the trust to be leaders, we sincerely sacrifice to guide, nurture and serve our society with full wisdom and justice. Awareness to do qurban in the celebration of Eid al-Adha becomes the momentum for those who are able to be more concerned to the faqir, poor or dhuafa to make development of social awareness movement more real in social environment.
HUKUM ADAT DI NUSANTARA INDONESIA Ahmad Tahali
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The law that developed in the midst of the community that today we know as customary law is values that have long been recognized as the norm. These values or norms have long grown in the midst of the Indonesian people, a nation whose people have a diversity of tribes, races, religions and customs that spread throughout the archipelago. The spread of diversity grows values or norms that are recognized in each region that has customary law. Admittedly the customary law has become an automatic way of dealing with it customarily. Customary law is a cultural aspect of society that has values, social norms. Among the benefits of studying customary law is to understand Indonesian legal culture, with this we will know which customary law is no longer in accordance with the times and which customary law can approach uniformity that applies as national law.
HUKUM KEWARISAN MENURUT KOMPILASI HUKUM ISLAM (HKI) DAN KEWARISAN MENURUT MAZHAB SYAFI’I (KAJIAN PERBANDINGAN) Abdul Rahim
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The study discusses the comparisons of the Islamic Law Compilation (KHI) which is the applied law and guidelines by its major government agencies in the Religious Courts with the heritage of the Syafi'i school which is just as doctrines in filling the vacancy (rectsvaacum) against Islamic Law Compilation (KHI) normative, Compilations of Islamic Law (KHI) have not addressed all the problems in the law of inheritance. For that, it is still necessary to conduct a joint assessment of the two. In an effort to comprehend the law of Islamic heritage comprehensively, understanding the fundamental concepts of Islamic heritage law and its theories (inscontituendum) and the Islamic law of law that apply as a positive law in Indonesia (iusconstitutum). This research type is a legal research. The comparative juridical approach, which is comparative with Mazhab, compares between the two legal systems of inheritance in KHI and inheritance according to Imam Shafi'i. Which law comparison is done to determine how the equality side and the side of the difference between two or more of a different legal system . From the results of the study the fact that both theories classify the heirs of the three classes, recognize the rad, know the hijab, maintain the share of inheritance 2: 1 The difference is, among others, KHI and Shafi'i differentiate the meaning of Al-Nisa's verses 11 and 12 both in terms of the heir status and the provisions for heirs. Against rad, successor heirs, wills and grants as well as some other things, both theories also differ. The advantages and disadvantages of each theory lie in those differences. Special KHI inheritance, its setting is too simple and hesitant in determining the size of a replacement heir. This certainly impacts legal certainty.
FIQH MAWARIS (SYARIAT KEWARISAN) DI INDONESIA Sabri Deki Suwarna
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The heirs are those who get the right to acquire the property of the deceased person who still has a blood relationship. The customary heir law includes rules and legal decisions pertaining to the process of continuation / transfer and transfer of material wealth and non material from generation to generation. Some of the tenets of inheritance are (1) heirs, (2) inheritance, and (3) heirs. The prevailing civil law in Indonesia still applies the provisions contained in the Civil Code / Civil Code (Burgerlijk Wetboek / BW). In the KUH Civil law heirs are part of the law of the property so that the legal arrangement is found in Book II of the Civil Code of the Law
KONTRIBUSI HUKUM ISLAM PADA PEMBANGUNAN INDONESIA Wahyuni Ikhwan
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The contribution of Islamic law to the development of law in Indonesia can be seen from two angles of vision. First, the small angle of the involvement of Islamic law in the daily lives of the members of the community who are building itself which ultimately results in a connection with the process above. Second, the angle of causality between Islamic law and the process of legal development in Indonesia. An important thing to note is that Islamic law in contributing to the process of legal development in Indonesia must be able to fix itself first before stepping further into such involvement. This self-improvement encompasses many aspects, especially in terms of its ability to understand and use Ushul Fiqh and Qowaid alfiqhiyyah as a methodology of istinbath al-hukm maximally in the process of taking Islamic law from its sources namely al-Qur'an and al-hadith. This means that the focus of the vision is more on the manhaj (methodology) used by the scholars in the legal process rather than the results achieved. By holding a constructive frame of mind whose paradigm is still relevant to be developed, this will create a "new fiqh" that is able to accommodate new problems that emerge in society dynamically, flexibly and elasticly because the fiqh mindset presented is contextual.
KETERKAITAN AGAMA DAN NEGARA SERTA PENGGUNAAN HUKUM POSITIF YANG BERSUMBER PADA SYARIAT ISLAM Nur Amelia; Zuhliyah Fitriani Luthfi
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The relationship between religion and the State cannot be separated like fish and water. the second has a very close reciprocal relationship because the government is run together, based on the word of God, legal norms are determined by religious agreement even though the norm is contrary to the religious norms of the human world itself which then produces the State and religion are only seen as a fantastic realization of humans and religion is only complaints of oppressed beings. In the view of Islamic law enforcers, Islamic law is a law that must be upheld if social justice is to be achieved for all good people in Indonesia. However, if only using positive law without the existence of Islamic Shari'a will cause differences, as is known the positive law is only made by the government subject to sanctions and regulate all human behavior in association is different from Islamic law which governs all acts of mukallaf both in relation to God or fellow beings in legal theory there are differences in religious norms and legal norms different from Islamic Shari'a which does not separate the two things even positive law contains commands that are very binding and compelling, are clearly seen in terms of the source between which Islamic law and positive law are significant, namely that Islamic law is based on Allah's revelation and positive law originates in the reality of people's lives.

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