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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 64 Documents
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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
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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.
SCALING UP HUMANITARIAN AGENDA WITHIN COMMUNAL VIOLENCE IN MYANMAR Lestari, Mega Ayu
Journal of Islamic Law Studies Vol. 1, No. 3
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Following the historical origins, social triggers, and ethics about their status of citizenship, theRohingya should be treated properly as human-being. Even there are contradictions between the Burma Citizenship Law who did not admit them as an ethnic group of Myanmar, and Rohingya leaders who claimed as the descendants of the precolonial Muslim community of Rakhine State, it could not allow discrimination, confiscation of land, violence, and any other forms of injustice against the Rohingya. Hence, this paper would like to explain how they can be recognized in achieving their rights and reshaping the importance of humanitarian agenda, in which these are able to address the on-going abuse and exploitation within them and the needs of both critical agents and strong political solutions to alleviate the suffering of Rohingya. It also might be considered as an effort to broaden perspective among society in the meaning of refugees‟ law and protection. In case of promoting humanitarian agenda of the Rohingya, the paper has underscored this steps: 1) understanding the root cause of the stateless of Rohingya, 2) redefining values of solidarity; especially in ASEAN countries, 3) identifying the best feasible humanitarian action and initiatives, 4) reframing media and communication strategy to help encourage public opinion; and ultimately public policy to end the crisis of Rohingya. Through science-policy interface, it provides networking schemes and humanitarian programs designed to activate their voices and initiatives, to invest for capacity- building and creating local leaders within Rohingya community. This paper can contribute to build a greater accountability at national and international level while measuring the impact of multisectoral partnerships that use an interdisciplinary approach. As a result, it will affect on the Rohingya recognition, and close their gaps and needs as a move towards well-being community.
MAKING THE BEST OUT OF THE WORST: UTILIZING INDONESIA’S EXISTING LAWS TO PROTECT ASYLUM SEEKERS IN TRANSIT Rahmani, Tanita Dhiyaan
Journal of Islamic Law Studies Vol. 1, No. 3
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Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- ya asylum seekers. Asylum seekers suffers the most in Indonesia’s legal imbroglio. Despite the existing laws, the government of Indonesia has been identifying asylum seekers as illegal migrants under Immigration Law and kept them inside Immigra- tion Detention Centres (IDCs), with common reports on ill-treatment and rampant violence. As a transit country, Indonesia carries the moral and legal responsibility to protect refugees during their transit with the ultimate purpose to prepare them to be resettled in countries that have signed the 1951 Convention. During this commonly lengthy and uncertain period or transit where the United Nations High Commissioner for Refugees or International Organization of Migrants will issue their refugees ap- plication result, protection should not be absent. Instead of suggesting Indonesia to ratify the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol, this paper argues that Indonesian existing laws and regulations have provides it with national and international obligations to protect asylum seekers in transit, including to refrain from refoulement action. Thus, rendering the claim of an absence legal basis an irrelevant excuse.
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.
LEGALITY LAWS AGAINST THE ROLE OF MOSQUE AS A UNIT MANAGEMENT OF ZAKAT MANAGEMENT (UPZ) A STRATEGIC WAY TO INCREASING WELL-BEING Hikmah, Nurul
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

Zakat is an obligation that should be adopted by a moslem to give a part of their wealth to pass (mus-tahiq) in accordance with islamic syariah. View the community of the existence of the institutions of amil and zakat (LAZ) has not so good, so people want to give (muzakki) more channel until the day own directly to mustahiq. One contributing factor is still less transparent and less well target-ed distribution hearts. Therefore, the need to improve the management of zakat is one solution to make the mosque as a unit zakat (UPZ) based on the collection and distribution of zakat. mosque as a unit zakat management unit has not been fully optimized. This is due to various limitations and constraints that are owned by the agency. However, the mosque has the potential for management in the form of a charity, and of course as a place of worship is very strategic in improving the welfare of pilgrims. The government can give legality aggregator Zakat Unit which is a continuation BAZNAS as a service to the community.
ISTBAT OF MARRIAGE IMPLEMENTATION FOR MARRIAGE AFTER ENACTMENT OF LAW NO. 1 OF 1974 Baidhowi, Baidhowi; Latifiani, Dian
Journal of Islamic Law Studies Vol. 2, No. 1
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Itsbat of marriage reserved for marriage have not been recorded and the case before Law No. 1 of 1974 (Marriage Law). The problem arises when many marriages that have been performed and are not listed that under the Act including marriage under hand, confirmed that happened after Marriage Law, then how is marriage legitimacy? Statement of problems is how is Judge Consideration in the Religious Court Judgment No. 0011/Pdt.P/2016/PA.Mkd granted that itsbat marriage happened after enactment of Law No. 1 of 1974? This study uses normative legal research, critical and ana- lytical and many library research. The data collection method data carried out in the documentation and analyzed qualitatively. Discussion is composed of two sub, the decision analysis, and offer legal alternatives. Conclusion of Religious Court (Pengadilan Agama/PA) Mungkid which granted itsbat of marriage to the marriage after Marriage Law enacted was recognized as ijtihad by maslahah murs- alah method. This method used to give a benefit for child with the deviations of Art. 7 (d) Islamic Law Compilation. But, this judgment still have not enough legal considerations, so that should be added other legal considerations such as the Child Protection Law, Regulations on Citizenship Ad- ministration, and also the stressing on understanding of Art. 2 (1) of Marriage Law. The condition of acceptance (itsbat) of marriage which occurred in Judgment No. 11/pdt/2016/Mkd submitted by the husband and wife, can be categorized as the application of voluntair, that the products is designation.
REINTEGRASI KONSEP MAQASHID SYARIAH DALAM ADAT BASANDI SYARA’, SYARA’ BASANDI KITABULLAH Wimra, Zelfeni
Journal of Islamic Law Studies Vol. 2, No. 1
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This article discusses the concept of reintegration in the implementation maqashid sharia of the cus- tomary law: Adat Basandi Syara’, Syara’ basandi Kitabullah (ABSSBK) in Minangkabau cultural region. This paper provides a scientific answer, how it should be, in practice, maqashid sharia as an integral part in ABSSBK. Methods of collecting, to analyze, and to interpretation data using compar- ative literature. The basic values compared with the concept of maqashid sharia ABSSBK. The result was found, that the terms of syara’ contained in philosophy ABSSBK have the same characteristics with maqashid sharia, but the device has not formulated detailed practical. The implications and significance, so clearly linked the value (axiology) syara’ by maqashid sharia, so it can become the reference in making ABSSBK as a basis to think, move, and arbitrate nation-state.
MEMUNCULKAN KEMBALI SIYAR: HUKUM INTERNASIONAL ISLAM Susetyo, Heru
Journal of Islamic Law Studies Vol. 2, No. 1
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Islamic law is a complete and comprehensive law which encompassess all human affairs either in civil or public affairs. Islamic international law or siyar is a branch of Islamic law which regulate international affairs is among the topic which is frequently forgotten in Islamic discourse both in Indonesia or or other countries. Also in Indonesia where Islamic Law have been existing for centuries but mostly in civil affairs. This paper, therefore, would like to explore and discuss the siyar, as islamic international law from historical perspective, legal perspective and its relation to secular international law in regards to humanitarian law, law of diplomacy and other aspects of international public law. At the end, this paper emphasizes the need to promote and develop siyar as an integral part of Islamic law into national laws of possible Muslim countries.
THE EFFECT OF FOOD, FUN, AND FASHION FOR MUSLIM Zubarita, Fatma Reza
Journal of Islamic Law Studies Vol. 2, No. 1
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Abstract

In era modern, many person forget how to be a true Muslim. When modernization come, Western people use their logic for influence Muslim to follow what they want. It’s about Fun, Food, and Fash- ion. Many muslim have followed it, and sometimes make them to be a comsumtive person. Not just it. It is still many effect of it. Muslim start to leave science of Al-Qur’an and hadith. They want a happy and enjoy life. This is one of effect also, if current teenagers loss a moral and good character. So, Muslim must be resuscitated to be true Muslim by Role of Religion. How to make Muslim for love Alquran and Hadith. Its is for guidelines and principle.
PERDAGANGAN MANUSIA DALAM SUDUT PANDANG IS- LAM HUMAN TRAFFICKING/FORCED LABOUR IN ISLAM PER- SPECTIVE Dwi Putri, R.Eriska Ginalita
Journal of Islamic Law Studies Vol. 2, No. 1
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Para korban yang awalnya ingin memperbaiki kehidupan perekonomian mereka, namun dalam kenyataannya mereka hanya dijadikan budak. Perbudakan manusia terhadap manusia telah berjalan berabad-abad lamanya. Tetapi, para ahli sejarah tidak dapat menentukan kapan permulaan perbudakan itu dimulai. Seba- gian ahli sejarah berpendapat, bahwa perbudakan itu dimulai bersamaan dengan perkembangan manusia, karena sebagian manusia memerlukan bantuan tenaga dari sebagian manusia lainnya. Karena sebagian manusia merasa mempunyai kekuatan, maka lahirlah keinginan menguasai orang lain dan terjadilah perbudakan manusia atas manusia dan perdagangan manusia (trafficking). Islam yang dibawa Nabi Muhammad Saw, mengajarkan adanya per- samaan antara sesama manusia. Tiada bangsa yang lebih mulia dari bangsa lainnya, tiada suku yang lebih mulia dari suku lainnya. Bahkan, tiada orang yang lebih mulia dari orang lain kecuali hanya takwanya kepada Allah Swt. Karena itulah Islam beru- saha untuk membebaskan manusia dari perbudakan di bumi ini, sebab perbudakan itu melahirkan kesengsaraan bagi para dhu’afa (orang-orang lemah atau para kaum miskin).

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