Al Hurriyah : Jurnal Hukum Islam
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.
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202 Documents
<![CDATA[RELASI ISLAM DAN NEGARA DALAM RANAH LOKAL (sTudi perda no 1 Tahun 2001 TenTang Visi agaM Madani di kabupaTen agaM) ]]>
<![CDATA[Syafwan Rozi]]>
<![CDATA[ Alhurriyah Vol 11, No 2 (2010): Juli - Desember 2010 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v11i2.561
<![CDATA[The district regulation (Perda) in the regency of Agam No 1 year of 2001 about the vision of “Agam Madani dan Berprestasi” is a kind of local legislation which has applied the unique relation between Islam and state. The regency of Agam is an important part of the concept of Minangkabau geographical identity. In the vision stated that there is a principle and main basic which is being the main source of Agam society to think, do and act. By using the approach of ethnographic of Spradley, this study is able to answer the problem if the Islamic movement is either a part of a romanticism implication in the past or a movement that is really recording the biggest of Islam to build the social world, though as we know that Indonesia face the problem of multi crisis dimension. There is an assumption that the Islamic movement has been being get contamined by those who has power to dominate Islam. Then, the legislation reputations of Islamic movement are being decreasing in the national system for gradually.]]>
<![CDATA[Paradigma Sosiologi Hukum Keluarga Islam di Indonesia (Rekonstruksi Paradigma Integratif Kritis) ]]>
<![CDATA[Edi Rosman]]>
<![CDATA[ Alhurriyah Vol 14, No 1 (2013): Januari - Juni 2013 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v14i1.596
<![CDATA[This paper intends to describe the reconstruction paradigm offers family law of Islam in Indonesia. Islamic Family Law is a representation of the overall Islamic law that has grown and developed based on the classic paradigm literalistik. Reliability paradigm literalistik often swayed by the paradigm of contemporary liberal. Conflict paradigmatic implications for disparity between empirical and normative law and Islamic family law actuality the loss itself. Abnormalities and the condition of the conflict that began with the anomaly requires a knowledge revolution. Revolution stimulated the birth of a new paradigm of knowledge, which is critical integrative paradigm. Paradigm is a critical integrative paradigm underlying social facts, social definitions and paradigms of social behavior with Islamic theological value.]]>
<![CDATA[INDIKASI FINANSIAL INCLUSION DI PERDESAAN DAN KONTRIBUSI BANK PEMBIAYAAN RAKYAT SYARIAH DALAM PENGEMBANGAN SEKTOR-SEKTOR PRODUKTIF ]]>
<![CDATA[Harfandi, Harfandi]]>;
<![CDATA[Putri, Hesi Eka]]>
<![CDATA[ Alhurriyah Vol 16, No 2 (2015): Juli - Desember 2015 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v16i2.629
<![CDATA[The contribution of Islamic Rural Banking (popular as BPRS in Indonesia) in supporting of real sectors as financial inclusion’s indication, can be done by many program such as: 1) Increasing branch office and channeling office of Rural Banking, 2) Increasing the accessibility of rural banking for micro enterprises, 3) Implementing the service system which customer oriented and social justiced, 4) Expansion of the product which suitable for community, 5) Reinforcement the strategy in realizing financial inclusion 6) Reinforcement in regulation’s strategy, 7) Reinforcement in socialization’s strategy, 8) Reinforcement in competition’s strategy and 9) Reinforcement in human resource’s strategy.]]>
<![CDATA[PERCOBAAN PEMBUNUHAN SEBAGAI PENGHALANG KEWARISAN ]]>
<![CDATA[Fauzan, Fauzan]]>
<![CDATA[ Alhurriyah Vol 11, No 1 (2010): Januari - Juni 2010 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v11i1.389
<![CDATA[A slaying is seen as one of criminal acts, this was argued by some Mujtahid or some experts in Muslim law who give an independent interpretation of the Koran and Hadits. This was aimed to kill somebody’s soul. As the implication, this case will make appear a big disadvantage. Moreover, Mujtahid agreed that a slaying was regarded as a criminal act which has an implication towards the case of an inheritance, where the murderer was being hindered to receive the inheritance from his victim. An attempt for slaying which is written in the KHI section 173 letters “aâ€, from this we could see the extension of the meaning slaying as a reason to hamper an inheritance.]]>
<![CDATA[KeKerasan dalam rumah Tangga dalam Perspektif huKum Positif dan Hukum Islam ]]>
<![CDATA[Rosman, Edi]]>
<![CDATA[ Alhurriyah Vol 13, No 2 (2012): Juli - Desember 2012 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v13i2.587
<![CDATA[Violence takes never place in human life. But it, remains a social reality. Violence occurs in the private and the public. In the private sphere is called the domestic violence (domestic violence/KDRT). Attracting private problems into public space and confirm the existence of state laws criminalizing indicate. Criminalization of domestic violence policy is a form of protection by the state in each of its citizens. Efforts to eliminate domestic violence UUPKDRT delivery rules. The rules are there aspects of criminal and civil. The collapse of the bulkhead in criminal and civil domestic violence indicate a paradigmatic shift. To achieve the above goal, the research done by the specification is descriptive analytical research. The method used approach is the approach of juridical normative and comparative. Tehknik data collection is done through the study of documents or literature which is the main data, and then to the data collected, analyzed by the method of analysis indukatif , deductive and comparative. These results indicate that the nature of the offense and conviction of the positive law have similarities and differences with the Islamic law in the context of comparative law. The nature of crime and punishment is not vengeance or pengimbalan only but also to protect the interests of society. The difference with Islamic law, is to realize the ideals of the law / Shari’a, with meaning to realize the benefit of society in the midst of a preventive (mawani’), ta’dib (coaching) with penjeraan (zawajir) based on the values syar’i. This is the uniqueness of Islamic Criminal dikhotomik not and did not oppose the spiritual dimension values / divinity. Formulation of criminal sanctions in UUPKDRT no different from other laws. At this level looks urgency of criminal reform. Reform approach that used a global approach and policy. In addition to the above two approaches are commonly used, also, the religious approach. Thirdoriented approach to doing deals with the means of construction and reconstruction of national law deals with the means of Islamic law (fiqh) is characterized by Indonesia. Paradigmatic one bid, conceptual and theoretical generated by this paper is an update that has a paradigm of Pancasila, the purification of the criminal law with an critical integrative theory.]]>
<![CDATA[INTERPRETASI SURAT AL-BAQARAH AYAT 232 DAN PENGARUHNYA TERHADAP WEWENANG WANITA DALAM PERKAWINAN ]]>
<![CDATA[Yustiloviani, Yustiloviani]]>
<![CDATA[ Alhurriyah Vol 15, No 2 (2014): Juli - Desember 2014 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v15i2.619
<![CDATA[Al-Baqarah: 232 describes the marriage of a woman who had finished her waiting period in order not to be prevented from marrying. There are two interpretations of this verse. First: This verse is a reprimand or an order addressed to the trustee not to preclude the woman remarry her ex-husband. Second, it is a reprimand or a command addressed to ex-husband not to hinder his ex-wife marrying a man she loves. Both of them affect marriage law. The effect of the first interpretation is an adult woman who will get married must get permission from the guardian and is vowed by him. The guardian has prerogative rigths of woman under his guardianship. In the wedding – vow procession women is passive. Meanwhile the impact of the second interpretation is that women have the right to determine her future husband even can perform her wedding vow herself without depending on the guardian. The guardian in this procession is not required at all, marriage is not based on guardian authority but based on the consent of women. The interpretation of Al-Baqarah:232 is more accurately assumed that adult women have the authority to determine the preferred candidate husband. In the vow implementation, women should authorize to the guardian or trustee for her benefit and for her rights protection.]]>
<![CDATA[WALI NIKAH DALAM KITAB FATH AL-QADÎR KARYA IBNU HIMMAM (Tinjauan Deskriptif Analitis Tematis) ]]>
<![CDATA[Dwi Sagita Akbar]]>
<![CDATA[ Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v3i2.753
<![CDATA[Marriage has terms and harmony that have been established both in the Qur'an and in the Hadith. One of the conditions in a marriage contract is the presence of a parent (guardian) and a representative. Trusteeship, which was originally an ancient Arab culture that eventually became the Prophet's Sunnah was an absolute requirement for women to be able to do a marriage. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed there is no single verse of the Koran that clearly (explicitly) explains the existence of a guardian in a marriage contract. But there are only verses that can be understood to require the existence of a guardian as in the letter Al-Baqarah verse 221. This article briefly describes the guardian of marriage contained in the Fath Qadir Ibn Himmam. The book of Fath al-Qadir by Ibn Himmam was chosen to be the main source of study because it was one of the monumental works of all times in the field of Islamic Sciences especially for the study of Islamic law and was born from one of the famous Jurists to the present. The story of the Fath Qadir book is explained that according to Ibn Himmam guardianship in marriage is divided into two types, namely nadab / musthab and ijbar guardianship]]>
<![CDATA[ANALISA PENGATURAN PERLINDUNGAN UPAH BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DAN PRINSIP-PRINSIP HUKUM ]]>
<![CDATA[Yetni Wati]]>
<![CDATA[ Alhurriyah Vol 2, No 2 (2017): Juli-Desember 2017 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v2i2.311
<![CDATA[The setting of wage protection in the positive law in Indonesia is still not perfect to provide legal certainty for the weaker party melindungan social economy, every anniversary of May Day is always the union demanded political abolish the wage cost, PP.No. 78 of 2015 pro on the interests of investors ask revoked. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of the protection of wages, lack of certainty purpose of law, established by the competent authorities, the law can be accepted by society, their legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, legal language which was unambiguous in its legal norms.]]>
<![CDATA[PROTEKSI “ELITE AGAMA†DI WILAYAH GEMPA ]]>
<![CDATA[Nelmaya, Nelmaya]]>
<![CDATA[ Alhurriyah Vol 12, No 2 (2011): Juli - Desember 2011 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v12i2.576
<![CDATA[Earthquake in West Sumatra, on September 30, 2009, and affects not only destroy significantly to infrastructure, but also affects the superstructure. Effects on superstructure are very visible on problem of mentality, psychology and understanding of religious. Therefore, the earthquake victim mentality may be indicated experiencing fragility and easily influenced by outside, including the influence of the belief. So, religion conversion issue is so popular in victim communities. However, there is social relationship in the community which integrity and psyche reinforcement, so victim communities are not easy to suffer split personality. Social relationship is created by religious figures, which are as religious advisor and also network creator to solve society problem. Findings are get by qualitative and in-depth interview as main data collecting method.]]>
<![CDATA[Keperdulian al-Qur’an Terhadap Masyarakat Miskin ]]>
<![CDATA[Helfi, Helfi]]>
<![CDATA[ Alhurriyah Vol 15, No 1 (2014): Januari - Juni 2014 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Bukittinggi ]]>
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DOI: 10.30983/alhurriyah.v15i1.610
<![CDATA[The neglect of the poor is an indicator of the government’s failure in carrying out their functions as protectors of the people, especially in connection with the fulfillment of basic rights such as food, clothing, housing, education and health. The emergence of the poor society is not merely a failure of the lowÂlevel society, but also as the impact of uneven distribution policy. Rasul and his companions through their monetary policy provide economic protection for the poor from various country incomes. The sensitivity of poverty was not only shown for the Islamic society but also nonÂIslamic groups who needed help. Various programs of “antiÂpoverty†were conducted as a manifestation to protect the lower class.]]>
