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Al Hurriyah : Jurnal Hukum Islam

alhurriyah
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Published by Institut Agama Islam Negeri Bukittinggi

ISSN : 25493809 EISSN : 25494198 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Al-hurriyah merupakan media publikasi hasil penelitian dan kajian konseptual tentang tema-tema kajian hukum Islam: Jurnal ini terbit dua edisi dalam satu tahun ditujukan untuk kalangan pakar akademisi, praktisi, LSM, lembaga kajian dan lembaga penelitian sosial keagamaan.

Arjuna Subject : -

Articles 8 Documents

Search results for , issue "Vol 1, No 1 (2016): Januari - Juni 2016" : 8 Documents clear

SMALL CLAIM COURT DALAM SISTEM PERADILAN PERDATA DI INDONESIA DAN PELUANG PENERAPANNYA DALAM PENYELESAIAN SENGKETA EKONONOMI SYARI’AH PADA PERADILAN AGAMA Bustamar Bustamar
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The enactment of Small claims court mechanism that marked with the enactment of PERMA Number. 2 Year 2015 concerning Procedure for Simple Quarrel Settlement is a new breakthrough in the civil justice system in Indonesia. This breakthrough was reached by the Supreme Court in order to reduce the queues for settling of civil Quarrel in court that the value is under $ 200 million. Implementation of Quarrel resolution by Small claim court mechanisms is done by a single judge assisted by a Registrar and can be completed within 25 working days and the decision is final and binding so that it is unable filed an appeal or judicial review to the Supreme Court, the decision of which can be directly execute in accordance with the civil judicial mechanisms in general. Small claims court jurisdiction which is set in PERMA No. 2 2015 is the General Courts, considering the Religious Courts are also authorized to settle a civil case with the Shari'ah economic and legal mechanisms of the same event with the civil court of the General Courts, the judicial application of the Small claims court mechanism in Religion Court is also possible and prospective,so that regulatory support as well as PERMA No. 2 of 2015 applied to the Religious Courts is required, especially in the process of sharia economic quarrel resolution.

LEGISLASI HUKUM ISLAM DI INDONESIA (Sejarah Dan Relevansi Praktis Pembaharuan Hukum Nasional) Edi Rosman
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

This paper portray the importance of the legislative process and the history of the development and renewal of Islamic law in Indonesia. The importance of legislation is because Islamic law in the form of Shariah and fiqh can not be implemented due to various factor. One factor that makes it difficult to be implemented is the dominance of the diversity of Fiqh Mahzab as well as another factors. In its historical records, some already implemented in the Religious Court, within certain limits. Religious Courts will not fully implement shari'ah and fiqh if its not regulated in the form of laws as written law. Islamic law Maslahah that has been enacted will engender multi maslahah. To reduce the diversity of mazhab fiqh, not only with the judicial process, but also with the process of legislation that will create legal unification,legal certainty and its emplementation can be enforced through state institutions. Social change will be realized if the Islamic law enacted relevant to social needs.

PEMAHAMAN HADIS-HADIS RUKYAT HILAL DAN RELASINYA DENGAN REALITA ISBÂT RAMADHAN DI INDONESIA Muhamad Rezi
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

It has become customary that every Muslim anywhere in the world are obliged to fast during Ramadan. One of the annual problems that always appear at the Ramadan is the determination of the beginning and end of Ramadan by sighting the moon. On the orders of the Prophet Muhammad, the determination of Ramadan should be done at the end of the month of Sha'ban. The beginning and end of Ramadan is determined by the appearance of the crescent moon. Such activity is known by rukyat hilal. In its history, the Prophet explained that the methodology of the determination of the beginning and end of Ramadan is sighting the crescent moon with eyes. If sight is obstructed by natural phenomena such as cloud cover, the day of the month of Sha'ban accomplished to 30 days. Contemporary, classic visual method has been carried out with the use of modern tools. Problems often arise because of differences in the understanding the passages of sunnah related to this. Some considered that the hilal rukyat commanded by the Prophet Muhammad is rukyat fi'liyyah while others considered that it is more accurate to use rukyat 'Ilmiyyah with the arithmetic method of calculation (hisab). In Indonesia, the different interpretation and understanding that always makes a difference in executing the fasting and Idul Fitri.

PENGARUSUTAMAAN GENDER DALAM PEMIKIRAN HUKUM IMÂM ABÛ HANÎFAH DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM ISLAM Busyro Busyro
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Imam Abu Hanifa is the founder of the Hanafi school of law which is famous for rational thought. In his periode discussion the regarding by gender haven`t known as the contemporary era, but in his ijtihads that related with women, indirectly he has given a strong position for a woman as a subject of law. This is different from the ulama mayority who often place women as objects of law. Consequences of legal thinking, among others, making women as human beings that will determine the issue of marriage, other social relations and also in matters of worship. In relation to the position of women in politics and government, Imâm Abû Hanîfah already gives the right to women to be judges in civil matters. As for the head of state, it looks like the traditions about the ban on women becoming head of state, understood the same as the scholarly opinions. Understanding it seems not prohibit absolutely, but the circumstances of women who exist in his time that causes such ijtihad. When linked with the present condition of women, presumably Imâm Abû Hanîfah will interpret the tradition in accordance with contemporary gender studies.

EKSISTENSI RAKYU DALAM PENGEMBANGAN HUKUM ISLAM Ismail Ismail
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Ijtihad which has evolved since the era of Khulafa` al-Rasyidin has outlined positive values in determining the law at the time of the passage of al-Qur`an and Sunnah do not determine the law explicitly. In this condition rakyu is necessary to avoid a gap in legal when needed. The Prophet permission to use rakyu also identifies that the legal provisions explicitly limited while law events are always evolve following future developments. This is where ijtihad has a very important role in the development of Islamic law. The role of ijtihad here is looking for appropriate and relevant legal alternatives for the situation and the conditions in which ijtihad was done, especially when linked to the current condition that is far different from the situation at the time of the revelation (Wahyu) revealed. Nevertheless, the use of rakyu must be done by using the clear signs and do not follow the passions, such as the stance taken by the mujtahid from previous generations. The use of rakyu in performing law istibath undoubtedly has contributed significantly in the development of Islamic law.

SISTEM EKONOMI SYARIAH DALAM BINGKAI FIQH MUAMALAH MENGHADAPI TANTANGAN MASYARAKAT EKONOMI ASEAN Nofiardi Nofiardi
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

According to some economists, especially Muslim economists, the current world community has experienced saturation with the capitalism and socialism economic system . In addition, by developing both the economic system, the world is increasingly irregular, which in turn gave birth to the countries that are increasingly rich on one side and the countries getting poorer on the other side. By looking at these facts, the new idea that offers the Islamic doctrine of the economy as an economic system appears. Even Jacquen Austry, a French economist says that the way to grow the economy is not limited to the two mazhab that have been recognized; capitalism and socialism, rather than that, there is a third stronger economy mazhab, (so called) Islamic economics. He argues that the Islamic economic system will rule the world someday because this is a perfect composition of life. On the other hand, the most important issue (emergency) in public life is "muamalah" governing the relationship between the individual and the community in economic activity. Even the scholars agree on the absoluteness of Muslims in understanding and know the sharia economic laws.

PENERAPAN NILAI-NILAI AKHLAK DALAM PERATURAN DAN HUKUM FORMAL (STUDI TERHADAP KODE ETIK MAHASISWA STAIN BUKITTINGGI TAHUN 2014) Nuraisyah Nuraisyah; Syafwan Rozi
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Application of the students’ code of conduct is a set of processes to define the values, ideas, ideals of ethics that must be obeyed by students. To implement and achieve these objectives, the academic community issued a code of conduct regulations contained in the Chairman's decision letter No. Sti.04.1 / PP.02.3 / 299/2011 which regulates the order, dicipline and student activities in STAIN Bukittinggi. This research revealed about the objective reality of students ethics, the implementation of the students code of conduct, and measures steps and effort to guide the students’ code of conduct in STAIN Bukittinggi. This research used a combination of qualitative and quantitative approaches. Qualitatif more likely to use in-depth analysis of data, while the quantitative is limited based on the findings of the questionnaire. In these questionnaire research, the methods are combined to get the adequated and thoroughly results about the code of conduct. As this study is a combined approach, then in this case techniques of collecting data through questionnaires, interviews, and observations will be used.

MENANGKAP PESAN-PESAN HUKUM DALAM ALQURAN (Alternatif dan Solutif Penggunaan Metode Tafsir Kontekstual Dalam Menghadapi Kasus-Kasus Kontemporer) Arsal Arsal
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The process of decline in the Qur'an was over a few centuries ago, and now that there is in the form of texts. As a last book, he serves as instructions and guidelines to organize human life and he did not know the limits of space and time in spite of the decline in local- temporal, but its message is universal and timeless. As a text, the Koran is an open corpus is of course an opportunity to reread, reinterpreted, and understood its content with relevant methods and thus Quran can mersepon and answered development of human life. Without degrading methods of interpretation set by previous scholars, presumably the method needs to be enriched with new methods. Contextual interpretation method is considered a new method, an alternative understanding the content of the Qur'an is right to address problems of contemporary and contemporary.

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