MAQASHID : Jurnal Hukum Islam
Jurnal MAQASHID merupakan jurnal ilmiah yang diterbitkan oleh program studi Ahwal al-Syakhsiyah Institut Agama Islam Al-Qolam, terbit dua kali dalam satu tahun. Sebagai sarana pengembangan intelektual dosen dan civitas akademik pegiat hukum Islam. Redaksi menerima artikel ilmiah maupun hasil laporan penelitian yang relevan dengan tema dalam jurnal ini, yaitu hukum Islam. Naskah yang dikirim adalah naskah yang sesuai dengan pedoman penulisan artikel jurnal MAQASHID
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<![CDATA[Hak-hak Asasi Manusia dalam Islam: Analisis pada Konteks Jar?mah ]]>
<![CDATA[A'isyah, Siti]]>;
<![CDATA[Roihanah, Roihanah]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v1i2.128
<![CDATA[Islamic penal law is contextual in relation to the concept of rights in Islam because in the punishments of the crimes that are contained in the Koran, rights become very considerable point. There are three types of rights in Islam; creature rights (individual rights), God's rights (public rights) and the combination of both (combined rights of creatures and rights of God). In the Islamic penal law, when the right is violated, the victim can forgive the perpetrator, while the violation of the right of Allah, the punishment cannot be offered because it injures the public's rights. As for the rights, which are a combination of both, victims can forgive the perpetrators, but cannot abolish the penalty for crimes against public rights. The concept of rights in Islam can be an entry point for the contextualization of Islamic criminal law. The form of punishment does not have to be rigid as written in the sacred texts, but can be adaptive to the contexts. Thus, maq?shid al-syar?'ah can still be achieved, and Islamic law can be sh?lih li kull zam?n wa mak?n. Keywords: jar?mah, rights, Islam]]>
<![CDATA[Arus Baru Politik Islam: Pluralisme, Kontestasi, dan Demokratisasi ]]>
<![CDATA[Adib, Muhammad]]>;
<![CDATA[Qomari, Nur]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v1i2.129
<![CDATA[The recently political contestations in the Muslim world confirmed a new wave of Islamic politics. The political dynamics that have revolved so quickly and surprisingly, especially in non-Arab countries, are evidence that questioning the harmony between Islam and democracy, pluralism and human rights is no longer relevant. Even though it is not monolithic and is still in the “process of becomingâ€, the political dynamics that are revolving in a number of Muslim-majority countries actually lead to the same goal, namely the realization of a democratic and civilized politics. Keywords: Political Contestation, Democratization, Process of Becoming]]>
<![CDATA[Aktualisasi Hukum Perceraian Perspektif Pengadilan Agama di Indonesia ]]>
<![CDATA[Toni, Agus]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v1i2.130
<![CDATA[Islamic law must be understood more broadly in the context of statehood and nationality with all the differences in cultural, sociological and geographical types. This is a form of actualizing the values of Islamic teachings so that they can be accepted by humans as a whole. Maintain the sustainability of Islam itself and take greater benefit. As in Indonesia, with a different context from the east in various aspects such as geography, culture and social psychology of society, demanding that Islamic law be taught must have an elasticity value by leaving a form of inductive and conservative thinking structure. With a historical and philosophical understanding of Islamic law, it will bring progressive changes to the accommodative Islamic law by lokal people without going through opposition and rejection. Therefore, Indonesia has codified Indonesian-style Islamic law in the form of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974, which are also used by the Religious Courts to decide cases including divorce. Especially if there is a movement to conduct an extension to the community and socialization of Islamic law products that are updated in Indonesia, it will certainly reduce the level of misunderstanding of the community towards divorce status. So that the classical Islamic law products that have been rooted at the level of society about when divorce is legitimate until in what context the divorce is rationally accepted and what constitutes strong constitutional evidence of divorce has been fulfilled by the rules of the Compilation of Islamic Law (KHI). Keywords: divorce, law, Islam, Indonesia]]>
<![CDATA[Hak-hak Asasi Manusia dalam Islam: Analisis pada Konteks Jar?mah ]]>
<![CDATA[Siti A'isyah]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
Show Abstract
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Full PDF (528.41 KB)
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DOI: 10.35897/maqashid.v1i2.128
<![CDATA[Islamic penal law is contextual in relation to the concept of rights in Islam because in the punishments of the crimes that are contained in the Koran, rights become very considerable point. There are three types of rights in Islam; creature rights (individual rights), God's rights (public rights) and the combination of both (combined rights of creatures and rights of God). In the Islamic penal law, when the right is violated, the victim can forgive the perpetrator, while the violation of the right of Allah, the punishment cannot be offered because it injures the public's rights. As for the rights, which are a combination of both, victims can forgive the perpetrators, but cannot abolish the penalty for crimes against public rights. The concept of rights in Islam can be an entry point for the contextualization of Islamic criminal law. The form of punishment does not have to be rigid as written in the sacred texts, but can be adaptive to the contexts. Thus, maq?shid al-syar?'ah can still be achieved, and Islamic law can be sh?lih li kull zam?n wa mak?n. Keywords: jar?mah, rights, Islam]]>
<![CDATA[Arus Baru Politik Islam: Pluralisme, Kontestasi, dan Demokratisasi ]]>
<![CDATA[Muhammad Adib]]>;
<![CDATA[Nur Qomari]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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Full PDF (235.416 KB)
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DOI: 10.35897/maqashid.v1i2.129
<![CDATA[The recently political contestations in the Muslim world confirmed a new wave of Islamic politics. The political dynamics that have revolved so quickly and surprisingly, especially in non-Arab countries, are evidence that questioning the harmony between Islam and democracy, pluralism and human rights is no longer relevant. Even though it is not monolithic and is still in the “process of becoming”, the political dynamics that are revolving in a number of Muslim-majority countries actually lead to the same goal, namely the realization of a democratic and civilized politics. Keywords: Political Contestation, Democratization, Process of Becoming]]>
<![CDATA[Aktualisasi Hukum Perceraian Perspektif Pengadilan Agama di Indonesia ]]>
<![CDATA[Agus Toni]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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Full PDF (346.357 KB)
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DOI: 10.35897/maqashid.v1i2.130
<![CDATA[Islamic law must be understood more broadly in the context of statehood and nationality with all the differences in cultural, sociological and geographical types. This is a form of actualizing the values of Islamic teachings so that they can be accepted by humans as a whole. Maintain the sustainability of Islam itself and take greater benefit. As in Indonesia, with a different context from the east in various aspects such as geography, culture and social psychology of society, demanding that Islamic law be taught must have an elasticity value by leaving a form of inductive and conservative thinking structure. With a historical and philosophical understanding of Islamic law, it will bring progressive changes to the accommodative Islamic law by lokal people without going through opposition and rejection. Therefore, Indonesia has codified Indonesian-style Islamic law in the form of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974, which are also used by the Religious Courts to decide cases including divorce. Especially if there is a movement to conduct an extension to the community and socialization of Islamic law products that are updated in Indonesia, it will certainly reduce the level of misunderstanding of the community towards divorce status. So that the classical Islamic law products that have been rooted at the level of society about when divorce is legitimate until in what context the divorce is rationally accepted and what constitutes strong constitutional evidence of divorce has been fulfilled by the rules of the Compilation of Islamic Law (KHI). Keywords: divorce, law, Islam, Indonesia]]>
<![CDATA[Hak-hak Asasi Manusia dalam Islam: Analisis pada Konteks Jar?mah ]]>
<![CDATA[A'isyah, Siti]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam ]]>
Show Abstract
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DOI: 10.35897/maqashid.v1i2.128
<![CDATA[Islamic penal law is contextual in relation to the concept of rights in Islam because in the punishments of the crimes that are contained in the Koran, rights become very considerable point. There are three types of rights in Islam; creature rights (individual rights), God's rights (public rights) and the combination of both (combined rights of creatures and rights of God). In the Islamic penal law, when the right is violated, the victim can forgive the perpetrator, while the violation of the right of Allah, the punishment cannot be offered because it injures the public's rights. As for the rights, which are a combination of both, victims can forgive the perpetrators, but cannot abolish the penalty for crimes against public rights. The concept of rights in Islam can be an entry point for the contextualization of Islamic criminal law. The form of punishment does not have to be rigid as written in the sacred texts, but can be adaptive to the contexts. Thus, maq?shid al-syar?'ah can still be achieved, and Islamic law can be sh?lih li kull zam?n wa mak?n. Keywords: jar?mah, rights, Islam]]>
<![CDATA[Arus Baru Politik Islam: Pluralisme, Kontestasi, dan Demokratisasi ]]>
<![CDATA[Adib, Muhammad]]>;
<![CDATA[Qomari, Nur]]>
<![CDATA[ MAQASHID Vol. 1 No. 2 (2018): Mei 18 ]]>
Publisher : <![CDATA[Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35897/maqashid.v1i2.129
<![CDATA[The recently political contestations in the Muslim world confirmed a new wave of Islamic politics. The political dynamics that have revolved so quickly and surprisingly, especially in non-Arab countries, are evidence that questioning the harmony between Islam and democracy, pluralism and human rights is no longer relevant. Even though it is not monolithic and is still in the “process of becoming”, the political dynamics that are revolving in a number of Muslim-majority countries actually lead to the same goal, namely the realization of a democratic and civilized politics. Keywords: Political Contestation, Democratization, Process of Becoming]]>
