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Contact Name
Satrio Alif Febriyanto
Contact Email
satrio.alif@ui.ac.id
Phone
+62816200129
Journal Mail Official
jils@ui.ac.id
Editorial Address
Pondok Cina, Kecamatan Beji, Kota Depok, Jawa Barat 16424
Location
Kota depok,
Jawa barat
INDONESIA
Journal of Islamic Law Studies
Published by Universitas Indonesia
ISSN : 26208860     EISSN : 26144829     DOI : https://doi.org/10.46708
Core Subject :
JILS has a scope of Islamic law including sharia economics, perspectives on Human Rights in Islam, Islamic Criminal Law, Islamic Civil Law, Zakat, Islamic Philosophy, and other matters related to Islamic knowledge.
Arjuna Subject : -
Articles 5 Documents
Search results for , issue "Vol. 1, No. 2" : 5 Documents clear
PENGISIAN JABATAN KEPALA NEGARA: ANALISA TERHADAP KRITERIA CALON DAN SISTEM PEMILIHAN DALAM PERSPEKTIF ISLAM Sujatnika, Ghunarsa
Journal of Islamic Law Studies Vol. 1, No. 2
Publisher : UI Scholars Hub

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Abstract

One of the characteristic of Islam in the beginning of glorious era is success in politics. The glorius of Islam continues until the last caliphate, Ottoman Empire. However, there are problems in the elec- tion system of the Head of State. Prophet Muhammad PBUH did not provide example about how to elect and the criteria about whom must be chosen. There are two models of the election. First, with the musyawarah by the ahlul halli wal ‘aqdi, and the second, with the appointment by the previous leader. In that context, some of ulamas like Imam Al Mawardi, Said Hawwa, were in the position to stipulate the criteria about the Head of State, like equitable, faqih, have a clear vision and mission, healthy, not differently-able person, brave, and have a nasab. In Indonesia, maybe it is hard to apply that system, but some of criterias can apply in Indonesia system, indeed. In this case, it is important to apply the values of Islam in Indonesian constitutional system.
PERBANDINGAN SYARAT IMPEACHMENT DI DALAM UN- DANG-UNDANG DASAR 1945 DENGAN PEMIKIRAN IMAM AL- MAWARDI Satriya, Catur Alfath
Journal of Islamic Law Studies Vol. 1, No. 2
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Abstract

After reformation, constitutional structure of Republic of Indonesia has transformed fundamentally. People consultative assembly (MPR) is no longer as the highest of state institution anymore. Further- more, impeachment as one of the feature of presidential government system is regulated in new con- stitution. Before amendment, Indonesia has no rule of impeachment. So, impeachment is only based on political decision not law decision and it is not appropriate with rule of law principle. This article describe the comparison of impeachment requirement in UUD 1945 with impeachment requirement in Imam Al- Mawardi’s thought as a political islamic scholar.
Ruu Ketahanan Keluarga: Modifikasi Hukum Sebagai Upaya Mencapai Tujuan Hukum Islam Dalam Memelihara Keturunan Muthmainnah, Muthmainnah
Journal of Islamic Law Studies Vol. 1, No. 2
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Abstract

One of the aims of Islamic Law based on Abu Ishaq Al-Shatibi is to protect ancestry which becomes a very essential aim for human being. On the other side, this aim faces obstacles in which a family does not show the function as it is in society. This writing elaborates a Draft Law which is initiated by Prosperous and Justice Party Faction which was legalised as Draft Law initiated by House of Representatives Republic of Indonesia term 2015-2019. The Draft Law is about Family Sustainability. The process of Law Making is a fundamental aspect for Indonesia as a Rechstaat. This article is needed to cretae a fundamental design for family sustainability. The urgency derives both from sociology aspect and also physchology aspect. The sociology discusses about relations between an individu with the societ while the physchology discusses and individu related to the interaction, emotion, and also performance. This writing also discusses about law modification regarding this article with the paradigm that a family issue becomes a general issue in public law. The existing of this regulation is hoped to achieve one of the aims of Islamic Law which is to protect ancestry.
URGENSI PEMBENTUKAN KITAB UNDANG-UNDANG HU- KUM EKONOMI SYARIAH INDONESIA Pratiwi, Pratiwi; Rifai, Ahmad
Journal of Islamic Law Studies Vol. 1, No. 2
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Abstract

The development of Islamic Economic Financial in Indonesia was growing rapidly in Indonesia since the last ten years (2000-2010). This development is almost happen in all Islamic economic financial institution. However, its development not be accomodated by the regulation, even though since 2008 Indonesian’s Supreme Court trough Indonesian Supreme Court regulation (PERMA) Number 2 year of 2008 assigned The Compilation of Islamic Economy Law. The position of its regulation in hier- archy of Indonesia regulations is considered has not strong position. In other hand, the demand of Islamic economy law is high. Therefore, it needs to create The Codification of Islamic Economy Law in Indonesia as a cover of implementation of sharia principle. In this research, the authors use qual- itative approach within normative juristical with library research to analysis the potion’s of KHES based on Indonesian Law Number 12 Year of 2011 about The Formation of Regulations.
PENERAPAN HUKUM QISHASH UNTUK MENEGAKKAN KEADILAN Anisah, Siti
Journal of Islamic Law Studies Vol. 1, No. 2
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Abstract

The rise of crimes that occurred in Indonesia has made anxiety among the society. Regulation in Indonesian law has not been able to make the perpetrators deterrent, causes murders continue to occur within this decade. Although the perpetrators have been on trial by a court of law Indonesia, they has not yet received punishment commensurate with what they have done. Therefore Indonesia require a law to prosecute the perpetrators of the fairest, which is Qishash law. Qishash is an Islamic law that provides for punishment commensurate with the term “soul be paid with their lives”. This Qishash law should be applied in the face of the earth, but in modern times not a few people who do Qishash rejection of the law on behalf of human rights, although many lessons learned when Qisas law is applicable.

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