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Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 14112353     EISSN : 25795090     DOI : http://dx.doi.org/10.22373/jms
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
This journal focused on Islamic Law Studies and present developments through the publication of articles, research reports, and book reviews. SCOPE Ahkam specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 14, No 1 (2012)" : 10 Documents clear
Kontroversi Hukuman Cambuk Ali Abubakar
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1719

Abstract

Application of Islamic Shari'a in Aceh introduced flogging as punishment for the perpetrators of violations of Islamic law, gambling, seclusion, and alcohol. Rejection comes from some quarters that assesses punishment cruel and inhumane, and because it violates human rights. Proponents argue that caning is a part of God's law and therefore does not violate human rights. This article contains the philosophical and judicial caning in Aceh, the public perception and its relation to human rights. The result, on the one hand, the attitude of counter flogging occurred because the wrong perception of the Islamic Shari'a. Here another, caning is not of rigid and highly conditional. He is only one alternative punishment that is now considered the most able to achieve the purpose of punishment in Islam.
Penyelesaian Kasus Mesum melalui Peradilan Adat Gampong di Aceh (Suatu Kajian Kasus di Banda Aceh) Teuku Muttaqin Mansur
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1726

Abstract

Treatment nasty case in Banda Aceh, Aceh province could also be implemented through Local Customary Courts. Settlement through customary courts always be informal or through peace way. On the other hand, Aceh Qanun No. 14 of nasty arranges it as well, in which the nasty cases will be resolved by the Syar’iyah Court. This study aimed to see, if the Local Customary Court has the authority to deal with nasty case, and whether the decision made by the Local Customary Court shall be final and tight. The study was conducted by interviewing Local Customary Court judges, Wilayatul Hisbah and Communities. The method used was a qualitative study. The result showed that both the Local Customary Courts and the Syar‘iyah Court have the same authority in handling the nasty case in Banda Aceh. In fact, sometimes, the local customary courts also resolve cases that have been categorized as adultery. Treatment cases of nasty, with local customary court have no final and strong legal force, because if the parties are not satisfied with the decision of the Customary Court, they can still bring the Government of Aceh in order to perform an amendment to the articles of those Qanun. Then, the special cases that are categorized as adultery should immediately be resolved by the Syar’iyah Court.
Diskursus Islam Liberal; Strategi, Problematika dan Identitas Saifuddin Dhuhri
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1724

Abstract

This article sheds light on thoughts of the Liberal Islam proponents concerning to the way they view about the Islamic law application in Aceh. In doing so, it explains the strategies that liberal Islam takes to disseminate their beliefs among Moslems and then how their positions are criticised among western thinkers in the post modern era. The second part of this work will elucidate their views on the Acehnese Sharia and the way their opinions are countered by traditionalists. Finally, this article will offer some possible solutions for dealing with the divergents of Islamic thought that leads to cultural conflict. The discussion will eventually bring the method of Freire’s conscientizacao as the way out from the cultural conflict.
Koperasi Syariah: Tinjauan Terhadap Kedudukan dan Peranannya dalam Pemberdayaan Ekonomi Kerakyatan Abdullah Safe'i
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1718

Abstract

Islamic Cooperative is a cooperative finance institution run based on the principles of Sharia. Its existence is still new though, continues to increase. Islamic Cooperative or Cooperative of Islamic Financial Services is engaged in the savings and loans in the form of savings and financing earmarked for small and medium entrepreneurs. Among the legal basis is Decree of Cooperatives and Small and Medium entrepreneurship minister No. 91/Kep/M.KUKM/IX/2004 on the Implementation of Cooperatives Operations Islamic Financial Services (KJKS). Islamic cooperatives have a role in improving public welfare through financing products it offers. Its good managament can be used as an alternative of the financial institution public.
Mekanisme Pasar dalam Perspektif Ekonomi Islam Yenni Samri Juliati Nasution
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1727

Abstract

The market is a natural mechanism for the exchange of goods and services. The market price is formed by a variety of factors which later formed the demand and supply of goods and services. Consumer demand is influenced by many factors, such as price, consumer income, tastes, expectations and level of mashlahah. Quote manufacturers also influenced by many factors, such as mashlahah, profits, and prices. Interaction of supply and demand will establish the balance point that can be changed from the demand side or the supply, either due to the deviation of structured or unstructured deviation. Perfectly competitive market can generate a fair price for the seller and the buyer. Therefore, if the market mechanism is interrupted, then the fair price will not be achieved. Islam puts the market at an important position in the economy, as well as concern about the concept of a fair price and perfect market mechanism.
Film Sebagai Pemankin Pembangunan Peradaban Melayu-Islam Modern Rahimin Affandi Abd Rahim; Abdullah Yusof; Nor Adina Abdul Kadir
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1723

Abstract

This article discusses on the genre of Islamic film as a visual creative innovation that had played a significant role in the society. Film can be regarded as a effective platform in distributing an Islamic idealism propose by the Malaysian and Indonesian’s film director. Obviously the inclusion of Islamic point of view for the development of Malay-Muslim civilization can be done through the medium of film. Based on such background setting, the article had touched on several issues pertaining to the issues of contemporary Islamic problem and collective role needed to be played by both of Islamic scholar and film director. It is suggested that a mutual understanding between ulamak and film director will contributed toward the betterment of Islamic ummah at the modern time.
Paradigma Syariat Islam dalam Kerangka Otonomi Khusus (Studi Kajian di Provinsi Aceh) Abdul Gani Isa
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1717

Abstract

The appearance of Islamic law implementation demand in public domain in Indonesia has its root since the formation era of Republic Indonesia after independence. However, this issue became more important after reformation era, especially after the fall of new order regime and enactment of Law No. 22/1999 on Regional/Provincial Government. Meanwhile, the implementation of Islamic law in Aceh has its own legality and legitimacy in the framework of Indonesian law state and in line of its constitution. This grant of acknowledgment to implement sharia law for Aceh based on Law No.44/1999 on Special Status of Aceh Province and Law No. 11/2006 on Aceh Government. Legally based on both law, some provincial regulations have been enacted to speed up the implementation of sharia law in Aceh.
Reposisi Teungku Dayah Sebagai Civil Society di Aceh Nirzalin Nirzalin
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1722

Abstract

The stage of socio-political history of Aceh notes that the existence of teungku dayah as civil society very prominent and decisive. In fact, the capacity of a qualified discourse and political independent has managed to become energy for teungku dayah in urging the state elite to put the interest of the people as a starting point for the development of various policy. But into the middle of the new order era to the post new order era their political authority crisis in Aceh. It also implies a weakening of their role as civil society. But their role as civil society is needed because various mal practice of power by state elite such as bribery, corruption, and collusion growing and sustainable. While other civil society such as NGO and academics has not taken root in community so that they can not be expected. This article explores how the concept of civil society and why the importance of repositioning teungku dayah as a force of civil society in Aceh.
Al-Qur'an dan Keadilan Islam dalam Pensyariatan Hudud Muhammad Syahrial Razali Ibrahim
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1721

Abstract

This paper represents an attempt to restore the Muslims view toward the right understanding of Islam and its teachings, particularly in matter of law enforcement in penalty law (hudud). In fact, Islam is not a religion that only focuses on sanctions and penalties, but instead, mercy is the essence of Islamic teachings. Shari’a was revealed for the benefit of human beings. Therefore, before the sanction imposed, Islam had already set the Muslims to avoid all those sanctions.
Otoritas Gampong dalam Implementasi Syariat Islam di Aceh Sulaiman Tripa
Media Syari'ah Vol 14, No 1 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i1.1725

Abstract

According to formal judicial, Islamic law in Aceh was workable. The authority for the implementation of Islamic Shari’a is prevailed in government level: provincial, district/city as well as village. However, specific to village, the authority is very limited. This study tries to map the competency and authority of village in the implementation of Islamic law. The study was conducted with the doctrinal approach to the specification of normative studies, which used primary legal materials (legislation) and secondary legal materials (research). Data processing is done through interpretation (interpretative), while reports are prepared by exposure to descriptive. It can be concluded that village has limited authority in the implementation of Islamic law such: First, to form Wilayatul Hisbah at village level, the task is limited to admonish and advise. Second, the structure of village government and imuem geusyik meunasah has a duty and Shari’a obligation to prevent immoral activities. Third, the regulatory levels, the implementation of Islamic law is the material that can be applied to the provision of village level. Fourth, in the context of the completion of the case, some cases can be solved by the concept of Local Customary Court. Fifth, the village itself can form Baitul Mal at the village level. Village-owned limited authority as mentioned above is reasonable given the capabilities of settlement on the village level with the structures available, very modest compared to the above rule.

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