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Nizham Journal of Islamic Studies
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : 23391235     EISSN : 25417061     DOI : -
Core Subject : Religion, Education,
Religion Education
Jurnal Studi Keislaman merupakan terbitan berkala ilmiah yang diterbitkan oleh Pascasarjana IAN Metro.
Arjuna Subject : -
Articles 261 Documents
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PENGEMBANGAN HUKUM ISLAM (FIQH) MELALUI PENDEKATAN MAQASID AL-SYARI’AH, KELEBIHAN DAN KEKURANGANNYA Ahmad Yusuf; Mirza Mahbub Wijaya
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/10.32332

Abstract

This research is a literature study which tries to explore the concept of maqasid al-syariah. Basically, syari'at and religion cannot be understood partially. However, it must be viewed as a whole as an inseparable entity. Religious goals and shari'ah goals can be categorized into general goals and specific goals. The general objective in general is not different from all religious and insaniyyah teachings. Fiqh / fiqh proposal will be more relevant if it is based on socio-cultural context. In other terms, fiqh is an authority that can be accepted by all space and time. This can be realized if jurisprudence experts and all Muslims have a mindset that is open to other scientific fields which of course will be able to realize the condition of rahmatan li al alamin.
Peta Pemikiran Fiqh Pasca Madzhab Tobibatussaadah Tobibatussaadah
Nizham Jurnal Studi Keislaman Vol 8 No 02 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v8i02.2715

Abstract

The period of the development of madzhab experienced ups and downs, during its golden age the scientific development in heretical fiqh was very rapid, the scales of mujtahid mutlaq were in the golden age. After generalization of the school of Islamic legal thought has stagnated, this attitude can be seen from the behavior of Muslims after the school of Nostalgia in the past and the assumption that the established school of thought has crystallized in Muslims in that period. This research is a literature study that will explore the post-madzhab thought map of fiqh. The result of the research is that the development of fiqh thought has stagnated, which occurs only by practicing taqlid to the existing schools of thought, and the cultural errors of syarah and hasyiyah. They no longer try to solve the prolematics of their time based on existing realities. So that the teachings of Islam are only limited to theory and ritual, not applicable as positive law for its people in all aspects of life.
THE PROVINCIAL GOVERNMENT POLICY OF JAMBI IN EFFORTS TO PRESERVE THE ANCIENT MANUSCRIPTS OF JAMBI MALAY Saidina Usman; Nori Nopita Sari; Teguh Adimarta
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3413

Abstract

Jambi Province is one of the regions that has Malay culture as its original culture. Thehistorical background of Jambi Province is inseparable from the influence of the oldMalay kingdom, namely the Moloyu or Malay kingdom. This historical backgroundmakes the Jambi provincial government want to maintain and make Malay culture alocal culture and become a regional identity. Therefore, the Jambi provincialgovernment in 2013 together with the Jambi Provincial DPRD signed RegionalRegulation number 7 of 2013 concerning the preservation and development of JambiMalay culture. In addition, the government's steps and good intentions to developculture also have a strong legal umbrella, namely the 1945 Constitution. This articlewill focus on analyzing the implementation of Perda number 7 of 2013, which containsthe policy of the Jambi provincial government in trying to preserve Jambi Malay texts.Based on field observations, interviews, reading archives and documents related to theimplementation of the mandate of perda number 7 of 2013, this article argues that thepolicy on preserving ancient manuscripts, which is the super important local wealthand wisdom of the Jambi people, has not been fully implemented by the related LeadingSector. So this confirms that the government and society's awareness andunderstanding of the importance of preserving the ancient Jambi Malay manuscriptsis still low. This article argues that the policy on preserving ancient manuscripts,which is the super important local wealth and wisdom of the Jambi people, has not beenfully implemented by the relevant Leading Sector. So this confirms that the governmentand society's awareness and understanding of the importance of preserving the ancientJambi Malay manuscripts is still low. This article argues that the policy on preservingancient manuscripts, which is the super important local wealth and wisdom of theJambi people, has not been fully implemented by the relevant Leading Sector. So thisconfirms that the government and society's awareness and understanding of the importance of preserving the ancient Jambi Malay manuscripts is still low.
Demokrasi dalam Pandangan M. Quraish Shihab Suci Mubriani; Imroatun Koniah
Nizham Jurnal Studi Keislaman Vol 8 No 02 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v8i02.2701

Abstract

This research discusses democracy in the pandagan M. Quraysh Shihab. The reason behind this writing is that the author wants to spread democracy from a different point of view, namely from the Indonesian interpreter, namely M. Quraysh Shihab through his interpretation of the verses of the Qur'an. The formulation of this research problem is M. Quraysh Shihab's view of democracy. The purpose of this study was to find out what M. Quraysh Shihab said about democracy. Research is the study of figures, research methods used literature. The primary data of the work was written by M. Quraysh Shihab and secondary data in the form of writings of others about the thought of M. Quraysh Shihab. The results of M. Quraysh Shihab's research do not give a sense of democracy. But say joint decisions or so-called shura are a common feature of democracy. He argued that the implementation of democratic principles in Islam is different from that understood and practiced in Western countries. interpret the verses on shura namely: al-Baqarah verse 233, Āli 'Imrān verse 159, asy-Syūrā verse 38. The result of his interpretation is: First deliberation begins from the family. God is All-forgiving, All-merciful. Third, the problem that can be dimusyawarakan is a problem that has no provisions in the Qur'an and Sunnah.
NALAR KRITIS TERHADAP KONSEP KAFA’AH DALAM HUKUM KELUARGA ISLAM Edi Susilo
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3409

Abstract

One of the goals of kafa'ah is to avoid negative impacts on married couples who are considered unequal. However, equality has a destructive impact because sometimes equality is precisely to differentiate between caste, rank, nobility and seems to be degrading. It is contrary to the principles of Islamic law. This research aims to examine the existence of kafa'ah critically and then reconceptualize the equality of marriage that is free from the social class system. Library research is selected by referring to various sources of books, journals, and other sources to explore the concept of kafa'ah. The research findings show that household equality that is not based on religion is merely sociological and seems to construct a caste and degree comparison, even to the point of degrading, contrary to the principles in Islamic law. So the concept of equality needs to be studied critically and deeply.
Psikologi Keluarga Islam sebagai Disiplin Ilmu (Telaah Sejarah dan Konsep) Ratna Suraiya; Nashrun Jauhari
Nizham Jurnal Studi Keislaman Vol 8 No 02 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v8i02.2697

Abstract

Islamic family psychology is currently being developed by a number of experts in the country, both in Islamic scientific studies and in handling practical Islamic family therapy. However, from the development efforts made, it often appears that the identity of the study is blurred between as an Islamic study and between a study from a Western perspective. The main asset to uncover the obscure curtain in the concept of this study is through tracing the psychological history of the Islamic family, so that it can provide an insight into the epistemological framework and the purpose of its study. The research succeeded in finding several points of findings: (1) Islamic family psychology emerged as a scientific study in the 1980s, after the development of family psychology studies in the 1960s in the West; (2) the emergence of Islamic family psychology studies was triggered by a mission to respond back to the pace of development of family psychology studies in the West which increasingly hegemony in the Islamic world; (3) the concept of Islamic family psychology is based on Islamic teachings which uphold human values, especially in the character of human creation; (4) the psychological dimension of each family person is always touched by Islamic teachings in order to create a Sakinah family.
PENYELESAIAN TINDAK PIDANA UJARAN KEBENCIAN BERBASIS RESTORATIVE JUSTICE DENGAN PENDEKATAN FIQIH ISLAH DAN TEORI KOMPENSASI MARAH (Studi Kasus Ujaran Kebencian Gus Nur terhadap NU) Muhamad Nasrudin; Ibnu Akbar Maliki
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3414

Abstract

Since the ITE Law was enacted, public complaints about hate speech on social media have increased, one of which is the case of Gus Nur's hate speech against NU. In various cases, the process of resolving cases in the Court tends to be protracted and does not provide satisfaction for the parties, due to the monodisciplinary approach to litigation in law. Therefore, a breakthrough is needed so that such cases can be resolved quickly, effectively, and with a win-win solution. This article seeks to examine restorative justice breakthroughs with fiqh islah and psychology tools to resolve hate speech cases. To make it more operational, this article takes the case of Gus Nur vs. NU for analysis. This article is written based on empirical legal research that is qualitative in nature with the approach of sociology and legal psychology. The primary data source is a video entitled “Gus Nur & Refly Harun Part 2: Who is the Ideal President? NU Cultural Or Structural?” on the Munjiat Channel Youtube account. While the secondary sources consist of primary legal materials and secondary legal materials. The primary legal materials are Law No. 19 of 2016 concerning Information and Electronic Transactions and the Decree of the Director General of Badilum of the Supreme Court No. 1691/DJU/SK/PS.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in General Courts. Secondary legal materials are books and journal articles on restorative justice, fiqh ishlah, and anger compensation theory in psychology. After the data was collected by indirect observation and documentation, then it was analyzed using content analysis. The results showed that psychologically Gus Nur was in a state of anger when he made hate speech, thus opening the possibility that he regretted his words which tended to attack NU. While in the review of fiqh ishlah, the most relevant ta'zir sanctions are warnings and apologizing to the NU kiai he mentioned in the hate speech video. With the character of NU who really respects his kiai, when the kiai apologize to Gus Nur, then NU residents can easily forgive Gus Nur. Meanwhile, the restorative justice strategy in this case can be done by taking penal mediation and name rehabilitation.
Analisis Konsikwensi Terhadap Kelemahan Konsep Akad dalam Kompilasi Hukum Ekonomi Syariah Abdur Rahman Adi Saputera; Mohamad Ramdan Suyitno; Muhammad Syakir Alkautsar
Nizham Jurnal Studi Keislaman Vol 8 No 02 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v8i02.2709

Abstract

This study aims to analyze how the consequences of the weaknesses of the contract concept as stated in the KHES, and how the solutions to the weaknesses of the contract concept are. This research is a qualitative research library research (literature review) with a descriptive-analytical approach which is strengthened by primary and secondary data sources, while the data analysis techniques used are inductive, deductive, and comparative. The results showed that the consequences of the weaknesses of the contract concept in KHES were; Different interpretations, Sharia economic disputes are not resolved, the parties are harmed and do not provide massive information. While the solution to the weakness of the concept of the contract in article 25 paragraph (2) is that the solution to the clarity of the meaning of sighat al aqd is to provide a comparison with the sighat al-aqd that is in muamalah fiqih as KHES absorption adheres to these rules. More precisely, the contract must be carried out clearly, in oral, written and/or art form, and for the harmony of the mudharabah agreement Article 232 it is customary to add the object of the contract, and the main purpose of the contract as one of the pillars in the contract, as well as adding the provisions of the qardul hasan contract to book II. in chapter XXVII, also provides limitations in article 607, while article 347 must provide clarity in detail.
PERWALIAN ANAK BIL MA’I SUBHAH;KAJIAN TERHADAP PUTUSAN PENOLAKAN ISBAT NIKAH Khoirul Ahyar
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3410

Abstract

Controversy over marital status failed in marriage is common in society. Does not cover the possibility of the validity of the marriage is null and void, and the father may lose custody. So how about the guardianship of marriage from the parents whose marriage is denied by the religious court While they are actually married couples. As an effort to break it down, it is by detailing the condition of the child out of wedlock from the marriage that is rejected by the marriage contract as well as the integration of the applicable laws and regulations. And it is also known that the Penghulu who set the guardian of the marriage has the flexibility to testify based on Islamic law and population data as stated in PMA number 20 of 2019. So this research is conducted to obtain data that has been tested its scientific truth, find the source of the problem of failure in marriage. The conclusion of this study is that the couple whose marriage was rejected by the religious court is included in the category of subhah marriage which according to fuqoha does not cause the annulment of the previous marriage. Therefore, one should be careful not to think that the accusation of adultery for a person whose marriage is rejected is rejected by the religious court as the views of fuqoha and scholarly agreement.
Metode Istinbath Hukum Nafkah Iddah Talak Bain Menurut Syafi'iyyah Tiyan Hasanah
Nizham Jurnal Studi Keislaman Vol 8 No 02 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v8i02.2705

Abstract

Iddah is one of the obligations of a wife who is divorced by her husband. During iddah, the wife has the right to get a place to live and provide a living, that is what applies to talak raj'i and not to a wife who is divorced ba`in. This research is a library research. Nafkah Iddah the details of which are not explicitly explained in the Al-Qur'an and Hadith. This has led to differences of opinion among the schools of thought. Shafi`iyyah uses mafhum mukhalafah as an istinbaṭh method in understanding Surah ath-Talaq Verse 6 and uses the ahad Hadith from Fatimah bint Qais as the basis for the absence of iddah talaq bain for wives who are not pregnant. The use of mafhum mukhalafah by Shafi`iyyah affects the rule of law. According to Syafi`iyyah, pregnancy is a requirement or qayid for the obligatory support for the wife who has been bullied, which means that if there is no pregnancy, it is not obligatory to provide for the wife who is wronged.

Page 15 of 27 | Total Record : 261

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