Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
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.
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FIQH FOR MILITARY SERVICE: Guidance for the Muslim Minority in Australia
Hyder Gulam
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1776
The term ‘Muslim Minority’ is used to refer to those Muslims that form an Islamic community in countries where Muslims are neither the majority, nor form the governing polity i.e. non-Muslim lands. This paper introduces Islamic Law and Fiqh, before discussing the rights and obligations of the Muslim Minority in militar y ser vice. This paper then discusses the relevant ‘ibadah rulings (literally meaning religious rituals such as prayer, fasting) and how these may be practically applied in the context of ser vice as a loyal and effective sailor, soldier or airman. The Muslim minority and their militar y ser vice in Australia will be used throughout the paper as an illustrative case study.
Tranformasi Semangat Kebangkitan Kota Hiroshima dan Kesennuma di Jepang ke Pesantren di Indonesia
Mutiara Fahmi
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1781
Selain daerah kawasan tsunami, selama sebelas hari kami berkeliling mengunjungi lima Lembaga Pendidikan Dasar, Menengah dan Atas, satu Universitas, serta dua kuil bersejarah di delapan kota lain dalam lima wilayah prefektur (propinsi) Jepang, yaitu; kota Sendai dan Ichinoseki (Sendai Prefecture), Kota Osaka dan Kobe (Osaka Prefecture), kota Hiroshima (Hiroshima Prefecture), kota Kyoto (Kyoto Prefecture), dan kota Nara (Nara Prefecture). Berbagai tempat bersejarah tujuan wisata juga sempat dikunjungai selain tentunya kota Tokyo sendiri sebagai ibukota Jepang. Atas penilaian peserta sejak gelombang pertama hingga terakhir, program ini dinilai sangat berhasil dan selalu direkomendasikan untuk terus dilanjutkan atau bahkan dikembangkan. Terutama dalam bentuk kerjasama langsung antara lembaga-lembaga pendidikan di Jepang dengan Pondok Pesantren di Indonesia, seperti program pertukaran pelajar dan guru maupun bantuan manajemen Informasi & Teknologi bagi pesantren sebagaimana yang saya sampaikan langsung kepada Mr. Kazama, Wakil Menteri Luar Negeri Jepang ketika menyambut kami di Tokyo.
MUSLIM'S UTILITY MAXIMIZATION: an Analysis based on Maqashid Shariah
Muhammad Dayyan
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1771
The current analysis of utility maximization is affected by changes in income and prices. It refers to material standards which measured by numerical score representing the satisfaction that a consumer gets from a bundle of goods. Apparently, it is only to satisfy a human desire which is subjectively determined by self-interest. However, Muslim’s utility is not merely to maximize man’s satisfaction, but to achieve God pleasure as much as possible with conform his consumption to the pattern of maqashid shari’ah. This paper uses the literature review to develop a tool analysis based on maqashid shari’ah dimensions for Muslim’s utility maximization and its impact on Muslim consumption behaviors. It will address the issues of current utility concept that has been developed, the counter arguments analyse based on maqashid shari’ah within five dimensions of dharuriyah namely; preservation of faith (ad-dien), life (an-nafs), intellect (al-‘aql), progeny (an-nasl), and wealth (al-maal). Accordingly, Muslim’s maximum utility would be achieved when he spends the whole budget as closest as conform to maqashid shari’ah dimensions. Furthermore, it also objected to assist assessment of our current knowledge base, to identify misconceptions and knowledge gaps and to indicate direction for further research on the issue microeconomics especially from an Islamic perspective.
LEGITIMASI PEMUNGUTAN JIZYAH DALAM ISLAM: OTORITAS AGAMA DAN PENGUASA
Dedy Sumardi
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.2051
Jizyah is obliged to Non Muslim ahl dhimmah status as a voluntary compensation for protection both internally and externally. The legitimacy of the poll voting procedures derived from sources "religious" is the Qur'an, Hadith, and ijma ', and not as a ruling authority. The state has the authority to set the revenue from jizyah limited to the issue of voting systems and mechanisms. In practice, the poll voting procedures has been a shift and change in patterns over time. At the time of the prophet., The hallmark of the collection is a simple poll. While on the leadership of Umar bin Khatab friend, poll voting authority granted to the province and is fully accountable to the central government. Results of voting poll distributed to all public sector priorities based on community needs that can not be financed by the proceeds of zakat.
KRISIS KEUANGAN EUROZONE: Studi Ekonomi dan Perbankan Islam
Muhammad Zulhilmi
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1772
Crisis arising from the lack of liquidity with asset bubbles, causing the government borrow loans to develop the concept of welfare state that once popularized in the eurozone. As a result, the loan continues to increase without any real investment coupled macroeconomics. In Islamic financial institutions, transparency and accountability of financial institutions strengthen the international financial system, because the assets contributed to the country’s financial stability. Banking institutions continue to be supervised and even cooperate with initiatives to strengthen stability by building cooperation supervision such as: the Accounting and Auditing Organization for Islamic Financial Institute, the Islamic Financial Services Organization, the International Islamic Financial Market and Islamic Rating Agency. These institutions will strengthen the international Islamic financial architecture and promote the stability of the larger Islamic finance.
KONSEP IJMAK MENURUT FAZLUR RAHMAN: Studi Kritis terhadap Teori Ijmak Imam Asy-Syafi'i
Chairul Fahmi
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1778
The aim of this research is to find out the concept of ijmak (consensus) based on Fazlur Rahman’s thought. As a general rule, ijmak is understood as a source of Islamic law after Alquran and hadis. Therefore, ijmak has been designed as a concrete concept and its position is imposible to be wrong. Moreover, it’s not available for difference of opinions among Mujtahids during the process of ijmak. Meanwhile, Fazlur Rahman believes that ijmak as a democracy process which could be every Muslim scholar (mujtahids) to have difference of opinions. This study based on library research by exploring and examining the books related to Fazlur Rahman’s thought. The result of this study stated that ijmak as a process of opinion interaction among mujtahid to each other and will be legalized through the formal institution (council/legislative).
THE APPLICATION OF THE MUDHARABAH SYSTEM IN COMMUNITY FOREST MANAGEMENT IN BIREUEN REGENCY, NANGGROE ACEH DARUSSALAM
Halim Amran Mutasodirin;
Rizal Eko Kurniawan
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1774
The manufacture of the community forest should be improved, considering are still many empty land that is unproductive and needs of wood is very large. The community forest is the forest growing above the ground that burdened a right belongs to the community with the provisions of broad minimum 0.25 ha, closure of tree canopiesand other plants more than 50 %.Bireuën Regency in Aceh Province will plan development the community forest of 191 hectares with aid programs of the provincial government.The community have not been able to manage the forest maximally. Therefore, still have to need empowerment in the community forest management. Mudharabah system is an economic system of Islam or often called system for results with for sharing profit and loss without interest rates. The Percentage division results using mutual agreement. When using mudharabah system, the community will become more prosperous and aggressive in developing thecommunity forest. One of all purpose of this idea is the realization communityforest management of Mudharabah system. Lacking empowerment and insufficient capital to be the reason for the community not interested to manage the community forest. Mudharabah system provides convenience in managing the community forest involving investors, cooperatives, local community as a farmer, and the Village Government.
ISLAMIC EDUCATION AND REINTEGRATION OF SCIENCES: Improving Islamic Higher Education
Azyumardi Azra
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1779
The Noble Prize Winner for Physics, Mohammed Abdus Salam, rightly maintains that there is almost no question that among all civilizations in the present time on this planet, science is weakest in the lands of Islam. In his opinion, the danger of this weakness cannot be underestimated since social development and even the survival of a society depends directly on its strength in science and technology in the condition of the present age. Therefore, Muslim societies have a little chance to survive in the very competitive age of globalization unless they seriously address this grave problem. The weaknesses of science in the Muslim world as whole can be seen in a number of rough indicators that are available since the 1980s when many Muslim countries began to modernize their economy. By and large, up until today, Muslim countries are classified as ‘third world countries’; only few of them can be included among developing countries, let alone ‘developed’ and ‘advanced’ countries. As a result, there is a lot of retardation of social development in the Muslim world.
MENGENTASKAN KEMISKINAN RAKYAT ACEH DENGAN SYARI'AH
M. Shabri Abd. Majid
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1775
This study discusses the concept of poverty from an Islamic perspective. It then attempts to propose a holictic strategy to alleviate poverty in Aceh within the Shari’ah framework. To eradicate poverty, inter alia, the Acehnese should constantly and steadfastly improve their devoutness to Allah SWT. Their daily activities must be always in harmony with the Divine injunctions, the Holy Qur’an and Hadith. The elite groups must compromise and do not monopolize power and wealth in Aceh. Developmental budget should be proportionately distributed among the people of Aceh. Just economic and democratic political systems which are free from corruption and malpractices must be upheld. The rich Acehnese must fulfil their rights to the poor by paying zakat (Islamic tax). That ruling government should not be oppressive; the political elites should not take a chance to reap their benefits in the political instability in Aceh. The peaceful Aceh should be preserved so that the continous efforts to alleviate poverty can be easily intensified.
ISLAMIC EDUCATION AND REINTEGRATION OF SCIENCES: Improving Islamic Higher Education
Azyumardi Azyumardi
Media Syari'ah Vol 15, No 2 (2013)
Publisher : Sharia and Law Faculty
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DOI: 10.22373/jms.v15i2.1780
The Noble Prize Winner for Physics, Mohammed Abdus Salam, rightly maintains that there is almost no question that among all civilizations in the present time on this planet, science is weakest in the lands of Islam. In his opinion, the danger of this weakness cannot be underestimated since social development and even the survival of a society depends directly on its strength in science and technology in the condition of the present age. Therefore, Muslim societies have a little chance to survive in the very competitive age of globalization unless they seriously address this grave problem. The weaknesses of science in the Muslim world as whole can be seen in a number of rough indicators that are available since the 1980s when many Muslim countries began to modernize their economy. By and large, up until today, Muslim countries are classified as ‘third world countries’; only few of them can be included among developing countries, let alone ‘developed’ and ‘advanced’ countries. As a result, there is a lot of retardation of social development in the Muslim world.