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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 275 Documents
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HAM dalam Prespektif Islam Mizaj Iskandar
Media Syari'ah Vol 19, No 1 (2017)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v19i1.2017

Abstract

Deklarasi Universal Hak Asasi Manusia, sering disingkat DUHAM (Universal Declaration on Human Rights, disingkat UDHR). Deklarasi ini berisi hak-hak dasar yang dianggap melekat pada setiap orang karena kemanusiaannya, oleh karena itu harus dilindungi dan dihormati oleh negara, masyarakat dan semua orang. Pada dasarnya hak-hak dasar ini tidak dapat dihilangkan atau dicabut dari seseorang, karena jika hak ini dicabut atau dihilangkan dari seseorang akan membuat identitas seorang manusia hilang . Namun begitu sebagian dari hak ini dalam keadaan tertentu dapat dicabut dengan alasan yang sangat terbatas, seperti pelaksanaan hukuman atas putusan pengadilan yang ditetapkan berdasarkan perundang-undangan yang sah.
JUAL BELI MENURUT SYEIKH DAUD BIN ABDULLAH AL-FATANI DALAM FURU‘ AL-MASA’IL Hadenan Tawpek
Media Syari'ah Vol 13, No 2 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i2.1788

Abstract

This paper aims to explore the figure of Syeikh Daud Abdullah al-Fatani as an Islamic scholar (Ulama) who has wrote a lot of Jawi`s books on Islamic studies issue. Meanwhile, this article is focused to discuss the topic of sell dan buy that has already more discussed in the book of Furu` al-Masa’il and it was referenced to the special sub-topic ”al-bay`”. Therefore, the methode use in this paper thought concent analysis which exploring the definition and the content of buy and sell, including the condition and the law of buy and sell. Moreover, the analysis of this paper is conducted with study comperative between the followers of Syafi`i’s perspective and the others. The result shown that the perspective of Syeikh Daud al-Fatani to the concept of buy and sell as described in his book is still relevance and has been implemented since the past, now and in the future.
Hubungan Principal Agent Kontrak Zakat Pada Kelembagaan Zakat Indonesia dan Malaysia Syawaluddin S
Media Syari'ah Vol 16, No 2 (2014)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v16i2.1752

Abstract

This paper is a comparative study in two countries, Malaysia and Indonesia concer ning the principal agent relationship where the contract zakat zakat in terms of urgency,both in terms of worship and socio-economic demands good management and professional zakat. Indeed, the management of Zakat since the time of the Prophet until the fall of the Islamic caliphate is the responsibility of the government. But lately zakat management models in some Muslim countries be varied, are managed by countries like Yemen and Malaysia. There is also the countries that make charitable contributions through private management including Kuwait, Bangladesh and South Africa. Interestingly, as one of the Muslim countries, zakat management in Indonesia is carried out by the government and also the private sector simultaneously.
Hadis Ahad Sebagai Sumber Hukum Islam (Pemikiran Imam al-Sarakhsi dan Imam Al-Ghazali, Pendekatan Epistemologi) Jabbar Sabil; Juliana Juliana
Media Syari'ah Vol 19, No 2 (2017)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v19i2.2024

Abstract

Ĥadīŝ aĥād is one of the sources of Islamic law. But in practice, the scholars set different conditions as seen in the thoughts of Imam al-Sarakhsī and Imam al-Ghazālī. Therefore, this study examines the nature of ĥadīŝ aĥād according to both Imams, and their views on the criteria for the use of ĥadīŝ aĥād as the source of Islamic law. This research is done by epistemology approach which is part of a study of philosophy science. The technique of completion of research data is done by library research with the method of data analysis, that is a research according to the contents of both Imam. The data analysis is done by the comparative descriptive method that is, to find the relation between thinking with the same thing with equation and difference which is related to ĥadīŝ aĥād as the source of Islamic law. So the author comes to the conclusion of both Imams mentioned that ĥadīŝ aĥād is obliged to be practiced but doesn’t produce knowledge.The opposite side of their opinion is on the terms of practice. Imam al-Sarakhsī presupposes the fakih narrator, while Imam al-Ghazālī doesn’t because according to him the condition of the transmigrants is not realistic and complicates the practice.The analysis of the metaphysical example of ĥadīŝ aĥād fi'liyyah about ĥadīŝ yellow in the morning prayers indicates that in the ĥadīŝ the metaphysical condition of the jurists doesn’t increase the probability to certainty, and the absence of the fakih narrator doesn’t diminish its worth. Thus, the practice of ĥadīŝ aĥād is sufficient at the level of probability, so the thought of Imam al-Sarakhsī and Imam al-Ghazālī being complementary is not a contradiction.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v15i2.1778

Abstract

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).
ANTAGONISME ISLAM DAN NEGARA: PENGALAMAN INDONESIA Muhammad Afkaf
Media Syari'ah Vol 13, No 1 (2011)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v13i1.1743

Abstract

This article aims to study on socio-historical perspective of Islam politic in Indonesia. Through this perspective, the author argues that problem of the relation between religion and state has been un- finished. However, the effort to integrate the concepts has been undertaking by scholars, especially in the New Order era. Historically, Islam has been utilised in socio-political power in Indonesia. The present writer examines one of example from the experience of Aceh. This leads the serious discussion among scholars on Islamic political thought which not only focussing on the relation between religion and state, but also the concept of secularism.
The Framework of Maslahah Performa as Wealth Management System and its Implication for Public Policy Objectives Atika Rukminastiti Masrifah; Achmad Firdaus
Media Syari'ah Vol 18, No 2 (2016)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v18i2.1916

Abstract

Muslims are encouraged to plan their lives economically and financially in order to achieve the objectives of Shariah. The intention to conduct Islamic economical and financial planning must be aligned with the application of Maqasid Shariah, which emphasizes on the protection of essential needs of Muslims that include preservation of wealth. Furthermore, goal of wealth management is to achieve falah. Objective of wealth management is to get maslahah. Maslahah based wealth management can be derived from cycle of acquiring and utilizing wealth (Firdaus, 2014). Acquiring wealth can be carried out by fullfilling worship orientation, internal process orientation, talent orientation, learning orientation, customer orientation and wealth orientation. Utilizing wealth can be carried out by allocating asset to wealth orientation, customer orientation, learning orientation, talent orientation, internal process orientation, worship orientation. This study proposes the framework of Maslahah Performa as wealth management system in order to highlight its contribution to more comprehensive, rational and realistic answers to contemporary public policy issues in Islamic economic system and to thereby increase awareness of Maslahah Performa approach in structuring and developing public policy products. For this purpose, the authors examine the position of the Maslahah Performa concept in public policy. They also present the essential elements of Maslahah Performa and explain how this approach may contribute to better solutions for various public policy issues and challenges.
SASTRA PERSIA; Perjalanan Panjang Menuju Nusantara dari Siyāsat Nāme sampai Tajussalatin Bastian Zulyeno
Media Syari'ah Vol 15, No 1 (2013)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v15i1.1768

Abstract

Siyāsat Nāme was written in the early 11th century by Nizam al-Mulk, who lived between the years 1018-1092. This book is dedicated by Nizam al-Mulk who served as Vizier (royal secretary) at the Seljuq dynasty when the king Malik Shah Seljuqi (492-511 H) to be as guidelines and procedures in governing a kingdom. This book not only deals with the history, politics and social Iran, but also attractive in terms of language, culture and ideology. Siyāsat Nāme is a very important book in the series of papers in the history of Persian literature. The book which is similar to Siyāsat Nāme and found in the Malay literary is Tajussalatin, written later after five centuries of Siyāsat Nāme or 1603. This book was written by al Bukhari Jauhari also to be presented to the king Raiyyat Sultan Alauddin Shah (1589-1603) in Aceh.
Dinamika Fatwa Bunga Bank di Indonesia: Kajian Terhadap Fatwa MUI, Muhammaddiyah dan Nahdhatul Ulama Muhammad Yasir Yusuf
Media Syari'ah Vol 14, No 2 (2012)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v14i2.1872

Abstract

Islamic banking and finance has experienced tremendous development and impressive achievement in Indonesia even though there is no consensus among Shari’ah scholars on the position of interest banking. This paper will observe the various perspectives of Indonesian Shari’ah scholars’s and analyze the dynamics of fatwa issued on banking interest by three main Islamic organizations in Indonesia, namely; MUI, Muhammadiyah and Nahdhatul Ulama. The paper will also attempt to look to what extent the scholars have contributed to the development of shariah banking in Indonesia. The fatwas are gathered from the resolutions issued by respective organizations in their meeting which have been evolving along with the development of shariah banking in Indonesia.
Regulasi Perbankan Syariah: Studi Komparatif Antara Malaysia Dan Indonesia M. Shabri Abd. Majid
Media Syari'ah Vol 16, No 1 (2014)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v16i1.1758

Abstract

Regulation plays a pivotal role in the development and sustainability of the Islamic banks w o r l d w i d e a s i t lays do wn the foundation on which the mechanics of the I slamic banking industr y. This study attempts to comparatively evaluate the regulations of Islamic banking in Malaysia and its neighbouring country, Indonesia. The study also assesses the extent to which the differences in regulations have contributed to the emergence and development of Islamic banks in the countries. The study found that the Islamic banking legal frameworks have significantly and positively affected the development of Islamic banking industry. The Islamic banking industry in Malaysia has developed more rapidly as compared the Islamic banks in Indonesia. This is due partly to the more comprehensives of the Islamic banking regulations enacted in Malaysia compared to Indonesia. This implies that to develop and ensure the sustainability of the Islamic banking industry more rapidly in Indonesia, the government has to enact the sound Islamic banking-related regulations.

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