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INDONESIA
Ahkam: Jurnal Ilmu Syariah
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 14124734     EISSN : 24078646     DOI : 10.15408
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus and Scope FOCUS This journal focused on Islamic Studies and present developments through the publication of articles and research reports. 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. Fatwa; Islamic Economic Law; Islamic Family Law; Islamic Legal Administration; Islamic Jurisprudence; Islamic Law and Politics; Islamic Legal and Judicial Education; Comparative Islamic Law; Islamic Law and Gender; Islamic Law and Contemporary Issues; Islamic Law and Society; Islamic Criminal Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol 14, No 1 (2014)" : 15 Documents clear
THE CONCEPT OF AMÂNAH IN INFORMED CONSENT Zulham Zulham
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1240

Abstract

The Concept of Amânah in Informed Consent. The Appeal Decision of the Supreme Court of the Republic of Indonesia Number 365K/Pid/2012 granted the appeal request of Public Prosecutor of Manado State Public Prosecutor’s Office. The Supreme Court annulled the Manado State Court Decision that imposed 10 (ten) months criminal imprisonment to each defendant. The Indonesian Doctors Association argued that the contract between doctor and patient is a contract of process, not a contract of result. At the very least, this Appeal Decision provided an opportunity for legal experts to test and evaluate the concept of informed consent both philosophically and juridically. This paper argues that informed consent should be built on the framework of amânah which is an important concept in Islamic law.DOI: 10.15408/ajis.v14i1.1240
REINTERPRETASI HAK-HAK EKONOMI PEREMPUAN DALAM ISLAM Nur Hidayah
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1245

Abstract

Reinterpretation of Women’s Economic Rights in Islam. Islam prescribes equal rights for men and women, including economic rights. However, patriarchal interpretations of Alquran and Suna texts have contributed to a gender gap in which Muslimah women face difficulties in accessing their economic rights. Patriarchal structures that prescribe role divisions in society marginalise women from economic participation and property ownership. Contemporary Muslimah women also face similar problems of gender gap in economy. Therefore progressive Muslims offer reinterpretation of texts regarding women’s rights, including economic rights, using women’s perspectives. Such reinterpretation is also complemented with strategies of women’s economic empowerment to assist them to access their economic rights, particularly their rights of economic participation and access to paid employment.DOI: 10.15408/ajis.v14i1.1245
KONSEP KALÂLAH DALAM ALQURAN DAN PENAFSIRANNYA MENURUT SUNI DAN SYIAH IMÂMIYYAH Evra Willya
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1250

Abstract

Kalâlah in Alquran and Its Interpretation According to Suni and Syiah Imâmiyyah. This article is aimed to analyze the meaning of walad in the inheritance of kalâlah in Alquran. Islamic jurists have different vews in interpreting the meaning of walad in kalâlah inheritance. Walad in kalâlah inheritance gives the influence to the siblings inheritance. This article attempts to discuss critically and impartially the meaning of walad. By using comparative method, the writer analyzes the meaning of walad from the Suni and Syiah Imâmiyyah perspective. The writer concludes that there is no consensus among Islamic Scholars in interpreting the meaning of walad, by which for the Suni Scholars, the meaning of walad is only brothers of the heir, whereas for the Syiah Imâmiyyah include the heir’s sisters. This different opinion influences the regard of the two mainstreams towards the status of brother and sister in the inheritance of kalâlah.DOI: 10.15408/ajis.v14i1.1250
REFORMULASI YURIDIS PENGATURAN PRODUK PANGAN HALAL BAGI KONSUMEN MUSLIM DI INDONESIA Paisol Burlian
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1241

Abstract

Juridist Reformulation of Halâl Products for Muslim Consumers in Indonesia. This paper examines the certification of halâl products that are becoming a social problem in the community as well as a responsibility of the state on the basis of the same reasoning, the assurance of halâl products. Halâl certification aims to protect the public from unlawful products and risks to health that often occur with differences of interests, especially between producers and consumers. The main source of this article is data obtained from field research that is related to the community to halâl certification LPPOM-MUI in Central and South Sumatra Province. The data is read through constructivism paradigm from a socio-legal approach with a pointed analysis of the codification theory of Islamic law, legal sociology by the American lawyer and scholar Rescoe Pound and mashlahah mursalah theory.DOI: 10.15408/ajis.v14i1.1241
PRAKTEK KAWIN MUT’AH DI INDONESIA DALAM TINJAUAN HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN Isnawati Rais
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1246

Abstract

The Practice of Mut’ah Marriages in Indonesia in the Review of Islamic Law and the Law of Marriage. Mut’ah marriage is marriage performed by a certain time limit which in Indonesia known as the marriage contract. Sunni Muslim tend to forbid the practice of mut’ah marriage while Syi’ah allow it. The practice of mut’ah marriage has been rife in some areas in Indonesia where the Sunni is majority so many people who protest and regard it as deviant behavior or forbidden. Laws marriage prohibits the practice of mut’ah marriage as Law Number 4 of 1974 and Government Regulation Number 9 of 1975 although there is a part of society who gives a different interpretation of the legislation.DOI: 10.15408/ajis.v14i1.1246
LOYALITAS KAUM SUFI TERHADAP SYARIAT Dimyati Sajari
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1249

Abstract

Loyalty Sufis against Shari’ah. In the history of Islam, the Sufis always received criticism from some scholars that they ignore the laws of Sharia. Sufis are considered more priority the inner problem than Shari’a law. This paper proves that the criticism is not always true. The majority of the Sufis still loyal and running the Shari’a law. Even many Sufis who follow the habit of the Prophet until the small things that are not considered essential. Although a small group of Sufis who ignore the law, who are a small part of the malâmatiyyah, but this can not be generalized for all Sufis.DOI: 10.15408/ajis.v14i1.1249
SERTIFIKASI HALAL SEBAGAI PENERAPAN ETIKA BISNIS ISLAMI DALAM UPAYA PERLINDUNGAN BAGI KONSUMEN MUSLIM Ramlan Ramlan; Nahrowi Nahrowi
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1251

Abstract

Halâl Certification as an Application of Islamic Business Ethics in Muslim Consumer Protection Halâl certification in food is needed by Muslim consumers to provide assurances that they are not consuming or using product or service that are not halâl so that no sin is commited. It is the duty of government to provide assurances to Muslim consumers that consumer goods or services that are circulating amongst society are really halâl. The halâl label itself provides benefits to businesses such as improving consumer confidence to consume, reaching the global halâl food market, increasing the marketability of products in market and low cost investment. Muslim consumers also have to be smart before purchasing product or services for security and safety.DOI: 10.15408/ajis.v14i1.1251
CORPORATE SOCIAL RESPONSIBILITY (CSR) SEBAGAI IMPLEMENTASI FIKIH SOSIAL UNTUK PEMBERDAYAAN MASYARAKAT Yayan Sopyan
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1253

Abstract

Corporate Social Responsibility (CSR) as an Implementation of Social Fiqh to Empower Society. Corporate Social Responsibility (CSR) is the responsibility of businesses in their undertakings. CSR in the perspective of social fiqh is no only position as an obligation of business that must be there as a part of social life. The government must support business in implementing CSR from voluntary to mandatory requirements so that the existence of CSR can be felt in reality by society. Optimisation of the CSR function in the supporting the success of development can be undertaken by synergising three potentials, namely tertiary education institutions who have the science, sufficient technology and human resources; government who has the space, society and development plans as well as businesses who possess CSR funding.DOI: 10.15408/ajis.v14i1.1253
PERTIMBANGAN MASLAHAT DALAM PUTUSAN PERCERAIAN AKIBAT KEKERASAN DALAM RUMAH TANGGA DI PENGADILAN AGAMA Asni Asni
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1247

Abstract

The Mashlahah Consideration in Divorce Cases Caused by Domestic Violence in Religious Court. The focus of this study is the consideration of mashlahah in the judge’s verdict in the settlement of domestic violence divorce cases in the Religious Court in Kendari, North Sulawesi. The results of this study shows a significant number of divorce cases are caused by domestic violence. This study also finds that the judge provided the decision based on formal and material legal considerations, facts of the court session, as well as consideration of mashlahah. But in considering mashlahah altogether it is formulated generally which should require an indepth analysis, through the principles of maqâshid al-syarî’ah.DOI: 10.15408/ajis.v14i1.1247
TRANSNATIONAL FATWAS ON JIHAD IN INDONESIA Ansari Ansari
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1238

Abstract

Transnational Fatwas on Jihad in Indonesia. Fatwa has an important stake in Islamic legal development. Its presence is able to provide influences on person’s religious attitude and behaviour. Although fatwa is a product of ijtihad, it’s still considered as a rule which should be obeyed especially if it is pronounced by a great scholar or authorised body which has wide influence over the community. This paper will study thoroughly the transnational fatwas on jihad which had influenced people’s religious attitude and behavior of many Indonesian Muslims. Fatwas on jihad motivated Indonesian Muslims to carry out violence towards non Muslims. The disturbance on religion became one of the reasons of violent actions towards them.DOI: 10.15408/ajis.v14i1.1238

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