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Al-Mazaahib: Jurnal Perbandingan Hukum

almazahib
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Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta

ISSN : 23027355 EISSN : 28091019 DOI : -

Core Subject : Religion, Humanities, Social,

Religion Humanities Social Sciences

Al-Mazaahib adalah jurnal pemikiran hukum milik Jurusan Perbandingan Mazhab dan Hukum, Fakultas Syari’ah dan Hukum UIN Sunan Kalijaga Yogyakarta. Al-Mazaahib merupakan jurnal yang berisi atau memuat karya-karya ilmiah yang terkait dengan pemikiran-pemikiran di bidang hukum, baik hukum umum (positif) maupun hukum Islam. Keberadaan Jurnal Al-Mazaahib ini tentu sangat penting dalam menggali, memperkaya, dan mengembangkan pemikiran dan teori-teori hukum. Dengan demikian, Jurnal Al-Mazaahib ini akan memberikan kontribusi positif dalam memperkaya khazanah pemikiran di bidang hukum, baik hukum Islam maupun hukum positif.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "Vol. 2 No. 1 (2014): Al-Mazaahib" : 10 Documents clear

REFORMASI HUKUM DI TURKI DAN MESIR (Tinjauan Historis-Sosiologis) Zayyadi, Ahmad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

This paper is very important, because if we talk about the law reformmust have a very large impact on the Islamic world, especially thepolitical impact, that have oriented to legalization of the law betweenreligious law (devine law) and secular law (secular state). From here,it need to examine the sociology of law related to the community or theso-called law and society. Between law and society are inseparableexistence according to the times around it. Legal sociology (sociology oflaw) is an empirical study of law as a social reality that emerged in thecommunity (field of social experience) and certainly not out of history.This paper focused on the historical era of legal reform in Turkey andEgypt that became icons of the history of reform in the Islamic world,so that the two countries become an important study, both in terms ofsocial, politic, economics, law, religion, and so on.

TEORI NASIKH-MANSUKH AL-QUR’AN SEBAGAI PEMBAHARUAN HUKUM ISLAM DALAM PEMIKIRAN ABDULLAHI AHMED AN-NA’IM DAN MUHAMMAD SYAHRUR Mun’im, Zainul
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

The Qur’an as a source of Islamic law has an important role in theraising of theories of Islamic law as a method of interpretation. Amongthese theories, there is a theory of Nasikh-Mansukh. This theory is oneof the several theories of interpretation that have introduced the classicalIslamic jurists as a legal determination in the Qur’an. Most of thecontemporary Islamic jurists sought to reconstruct the theory in order todevelop Islamic law more relevant to the demands of the times. Amongthem are Abdullahi Ahmed An-Na’im and Muha} mmad Shahrur. An-Na’im theory of Nasikh Mansukh is to elimination Madaniyyah verseswith Makkiyah verses, while Shahrur theory of Nasikh-Mansukh isthe elimination of the previous shari’ah to be replaced by the shari’ahof the Prophet Muhammad. The ir ideas, has different implications tothe Islamic law. implications of An-Na’im’s theory emphasizes genderequality and religious equality before the law, while Shahrur’s theoryhas wider implications than the theory of an-Na’im above. In otherwords, is has implications for the Islamic law that is more responsiveto punishment, family law, marital law, the protection of life (murderpunishment), and so forth.

RELASI ANTARA FIQH DAN SAINS DI ERA MODERN: SEBUAH REFLEKSI EPISTEMOLOGIS Adib, Muhammad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Ibrahim Moosa in an article (2003) has stated that relationsbetween islamic law and science in classical era arguably quite strongand harmonious. But in the modern era, relations between both ofthem is getting away and no longer eviden). However, its seems thatMoosa assessment have to be reviewed. Because, in this modern erarelations between islamic law and science showing its integrated andinterconnectivited. Development of the modern astronomy, for example,showing a very strong epistemic coherence between islamic law andscience, because it runs in tandem with the development of science andtechnology that is so rapid and fast. This paper present to photographand mapping the relations between islamic law and science in moderntimes coherenly, though probably not be called complete. Mapping relationbetween islamic law and science will be based on regular epistemologicalislamic law toward science itself.

TINDAK PIDANA KHALWAT DI NANGGROE ACEH DARUSSALAM DALAM PERPEKTIF HUKUM PIDANA INDONESIA Idaliyah, Siti
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Aceh is one of the regions in Indonesia which have the particularity in thefield of law, it can be seen from the Law No. 11/2006 on the Governingof Aceh. Therefore, the government of Aceh set Qanun as the rule of law inforce. Among the qanun are Qanun No. 14 of 2003 on action seclusion/nasty. Viewed from the perspective of Indonesian Criminal Code, thekhalwat is including violations seclusion immoral acts, as stated in Article532-536 of the Indonesian Criminal Code. Between Qanun seclusionwith the Criminal Code there are similarities in terms of the purpose ofpunishment. The general objective of both of this regulation is to providea deterrent punishment for the perpetrator and a lesson for others not to dothe same. However, there are differences between the provisions of Qanunseclusion with wanton violation of the Criminal Code, namely in terms ofthe type of punishment for violators of the offense and the law enforcement

PENCATATAN PERKAWINAN DALAM KITAB FIKIH DAN UNDANG UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (PERSPEKTIF MAQA Sehabudin, Sehabudin
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

In order to regulating marriage practices under the hand (Sirri) inIndonesia, the government requires the marriage of two terms: first,materil conditions, namely the conditions that are attached to each ruleof marriage, whether arranged in fiqh or set forth in the statutory.Second, the administrative conditions, namely the conditions relatingto the registration of marriage. Registration of marriage was arrangedin article 2 paragraph (2) of Indonesian Marriage Law No. 1/1974,while the registration procedures of marriage was arranged in GovernmentRegulation No. 9/1975. Regulation of registration of marriage has causedcontroversy among legal experts in Indonesia. This controversy causedby the interpretation of article 2 paragraph (1) and (2) of IndonesianMarriage Law, on the other hand, due to different interpretations of theconcept walimah and Surat al-Baqarah (2): 282. Based on the analysisof Maqasid ash-Shari’ah, registration of marriage that written in thebook of fiqh implicitly, while the UUP written explicitly, is very suitablefor the purpose of Islamic Shari’ah, because it can preserve and protectreligion, life, intellect, lineage and property before the law. Thus, thebenefit of the household (family harmony and eternal) can be achieved.

KONSEP KEADILAN TRANSISIONAL DALAM PERSPEKTIF ISLAM Hakim, Abdul Aziz
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

The article discusses about transitional justice, either in its concept asphilosophy values or extrajuridicial institutional mechanics which havebeen practiced in the world today, especially in Indonesia. The articlestudies about some fundamental questions. They are about should thesociety punish their past or they should let the past exists, or what shouldthe society do for some criminal had been done in the past, and how doesthe Islamic law philosophy regard this concept. The important essencefrom the transitional justice in the article is the victims of the hardhuman rights criminals which happened in the past can get a justice assoon as possible when the country in a transition period. Giving justicefor the victims is also an important education for the society to knowthe dark history of the country which can’t be repated. The meaning oftransitional justice in the Islamic law can be understood as meaningof peace (islah) in the context which is regaerded that the transitionaljustice is the law and its own.

AKIBAT HUKUM PEMBATALAN PERJANJIAN SECARA SEPIHAK: Analisis Yuridis Putusan Mahkamah Agung tentang Hutang atau Prestasi Hartanto, Kris
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v2i1.1399

In a reciprocal agreement, there is a right and an obligation on each partyto deal with the rights and obligations on the other, as well as relationshipin the law of agreement, whereby one party called the creditor and theother is called the debtor. Each party has the right and obligation bornof the legal relationship, the achievements and accomplishments counter.This paper analyzes the legal consequences of the agreement unilaterallycanceled as well as differences in the interpretation of the judge of theachievements in the two different cases that the Supreme Court decisionNo. 06 PK / N / 1999, concerning the bankruptcy case between Drs.Sani Hussein and Johan Subekti against PT. Modern Land RealityLtd. and Decision MA No. 08 K / N / 2004 on the bankruptcy casebetween PT. Prudential Life Assurance against Mr. Lee Boon Siong.In agreement, obligatoir such as buy-sell agreement there is always anobligation by one party is right and the obligation whose fulfillment canbe sued by the other party. Rights and obligations is exactly what thenis meant by achievement or debt that must be met by both the creditorand the debtor. Civil Code provide some remedy which can be selectedby the parties in the event of a breach of the contract of sale, namely:requesting execution of the agreement, demanding the cancellation ofthe agreement, and requested damages including lost profits due to loss.

HUKUM, EKONOMI DAN KESEJAHTERAAN: Telaah Yuridis atas Dinamika Pengaturan dan Implementasi Pasal 33 UUD 1945 Basuki, Udiyo
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

The emergence of a school economic in the world will always be associatedwith the school of economic that have developed previously, so is thepattern of the Indonesian economy. Fierce struggle of capitalism andsocialism gives a significant influence toward Indonesian economicideology. Pancasila as the foundation of economic nation, through thedialectical process raises three kinds of terms that is the constitution ofthe economy, the economic constitution, and economic Pancasila, the three have the same phrase with a different meaning. The idea of democracy in economy are listed in UUD 1945 Article 33 paragraph (4) does contain the idea of political democracy as well as economic democracy.That is, the highest authority of the State of Indonesia is the people,both in the field of politics or the economy. Indonesia which has moregive priority to economic growth from economic equality appears to havedifficult times, the economic crisis experienced since mid-2007 has beena fundamental component of economic meluluhlantahkan until economicgrowth rate for 2008 was measured with a minus sign. This conditionindicates that since the signing of the 21st century, Indonesia is notready to face the era of free trade.

REGULASI ZAKAT MENURUT MAZHAB NEGARA DAN MAZHAB DAERAH (Studi Atas Undang-undang No. 23 Tahun 2011 Tentang Penglolaan Zakat dan Qanun Provinsi Nangroe Aceh Darussalam No 7 Tahun 2004 Tentang Pengelolaan Zakat dan Qanun Provinsi Nanggroe Aceh Darussalam No. 10 Tahun 2007 Tentang Baitul Mal) Baroroh, Nurdhin
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

One of the pillars of Islam which must be fulfilled by the Muslims is topaying zakat. One element in the fulfillment of Zakat is Muzakki, or theperson who has to pay zakat on property held. In any form of impositionof Islam to his people (from the praying until Hajj obligation) is notmerely a form of obedience to the commands of Allah as an expression offaith alone or Hablun Min Allah, but there is other liability which cannot be – read: like two sides of the coin – the pious charity / HablunMin An-Naas. In the context of zakat, so that the obligation imposedon the Muzakki, an obligation that is’ Aini and even in Islamichistory, Sahabat Abu Bakr R.A. never enact permissibility to fight forMuslims who do not want to pay zakat. And than according with theconditions of the times, eventually every Islamic countries in the world,is also implementing regulations regarding zakat for each country, ofcourse, with the application of different between each of these countries.

HUKUM ADAT PEMINANGAN DAN PERKAWINAN DI KOMUNITAS MUSLIM MINORITAS JIMBARAN BALI Rahman, Fathur
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 1 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

To find out how far the role of customary law on the pattern of life in thisengagementl and marriage in the village of Jimbaran, then this article isspecifically limited to the aspects of the engagement and marriage, whichis a global problem that was described in a Compilation of Islamic Law(KHI). According to article 11 and 12 KHI proposal can be directly performed by a desire to find a mate pair, but can also be done by atrusted intermediary, a proposal can be made to a woman who is still avirgin or the widow who had completed their term appointed time, aswell as for getting marriage catch at least 19 years of age and fianceeat least 16 years of age. Whereas according to Jimbaran customary law,the mature is a requirement for getting sustainability engagement andmarriage, does sustainability in this case is the 23-year-old girl whilea man aged 27 years and also has experienced sustained at least havea job and never traveled out of the province Bali.

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Contact Name
Mu'tashim Billah

Contact Email
mutashim1992@gmail.com

Phone
+6281213101465

Journal Mail Official
mutashim1992@gmail.com

Editorial Address
Universitas Islam Negeri Sunan Kalijaga, Jln. Marsda Adisucipto, Yogyakarta, Indonesia. Kode Pos 55281

Location
Kab. sleman,

Daerah istimewa yogyakarta

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Mu'tashim Billah

Contact Email mutashim1992@gmail.com

Phone +6281213101465

Journal Mail Official mutashim1992@gmail.com

Editorial Address Universitas Islam Negeri Sunan Kalijaga, Jln. Marsda Adisucipto, Yogyakarta, Indonesia. Kode Pos 55281

Location Kab. sleman, Daerah istimewa yogyakarta INDONESIA

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Mu'tashim Billah

Contact Email
mutashim1992@gmail.com

Phone
+6281213101465

Journal Mail Official
mutashim1992@gmail.com

Editorial Address
Universitas Islam Negeri Sunan Kalijaga, Jln. Marsda Adisucipto, Yogyakarta, Indonesia. Kode Pos 55281

Location
Kab. sleman,

Daerah istimewa yogyakarta

INDONESIA