Ahkam: Jurnal Ilmu Syariah
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
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KEBIJAKAN PEMERINTAH TENTANG LEMBAGA KEUANGAN SYARIAH ERA REFORMASI
Itang Itang
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1280
Government Policy on Islamic Financial Institutions Reform Era. Government policies on Islamic financial institutions in the New Order were backgrounded in political accommodation, namely the accommodation of the Islamic academic elite within the state structure. This was used by the Islamic academic elite to broach ideas and opinions to conceive one of ideas as Islamic banking. Factors driving the process of policy formation of Islamic financial institutions was the support of policy makers, community banking, socio-cultural and juridical. Now, it so happens, that the inhibiting factors were that the policy makers were un-aspirational, public confidence in the conventional banks was still high and the lack of human resources and socialization. In the Reform era, many laws were conceived to support the development of Islamic financial institutions.DOI: 10.15408/ajis.v14i2.1280
KARAKTERISTIK PEMIKIRAN HUKUM ISLAM
Muhammad Harfin Zuhdi
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1276
Characteristics of Islamic Legal Opinion. Characterising Islamic legal opinion is a way of understanding the Islamic thought which has developed in historical reality. Islam as a divine religion, which has the holy Qur’an in the dynamics of history, experiences a dialectic process of interpretation that is strongly associated with dimensions of space and time. Every Muslim intellectual has an individual perspective in understanding the religion’s doctrine. In this context, there are visible dialectal encounters of discourse in the arena of contestation of Islamic legal opinion with a wide range of variants in understanding Islamic law. Several variants of Islamic legal opinion are revivalist, modernist, neo-revivalist and neo-modernist, or traditional, moderate and liberal. These categories are representive of the struggle of ideas in the Islamic world, including Indonesia.DOI: 10.15408/ajis.v14i2.1276
REKAYASA PENENTUAN JENIS KELAMIN DALAM KANDUNGAN MENURUT HUKUM ISLAM
Muh. Said HM
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1285
Engineering the Determination of Sex in the Womb According to Islamic Law. Currently, modern science and technology have developed quickly and dynamically. One development in medical science is engineering of the foetus (genetics) which can bring about benefits and at the same time possibilities that can be harmful to human dignity. Under Islamic law, engineering studies of the foetus can be categorised as a part of issues of fikih al-nawâzil. The problems are in need of the ihtiyâth ijtihâdiyyahprocess or regularity of istishlâhiyyah. Therefore, when mashlahahdominates as the main principle in engineering of the foetus then it can be justified. But if undertaken solely as a limited exercise at the same time determining the sex of the foetus then it cannot be justified under Islamic law because the exercise intervenes in the area of God Almighty in the creation of life.DOI: 10.15408/ajis.v14i2.1285
PROSPEK PENGEMBANGAN EKONOMI SYARIAH DI MASYARAKAT BANJAR KALIMANTAN SELATAN
Ahmadi Hasan
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1281
Economic Development Prospects of Sharia in the Banjar Society in South Kalimantan. Currently Islamic economics, with a wide range of variants, is developing widely and dynamically. The development of Islamic finance has been extended to almost all parts of Indonesia, both in urban and rural areas. The Banjar tribe are a sub-ethnic group that inhabit the South Kalimantan area originating from the Malay coast. Islam is the foundation of culture and identity of the community of the Banjar. The presence of the Islamic economic concept in Banjar society is no longer unusual because Islamic values associated with it have become common place. The development of Islamic economics in Banjar society will continue to flourish if supported by government policy (top-down approach).DOI: 10.15408/ajis.v14i2.1281
KONSTRUKSI EPISTEMOLOGIS PENALARAN HUKUM IMAM SYÂFI’Î Asep Opik Akbar
Asep Opik Akbar
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1277
Epistemological Construction of Imam Syâfi’î Legal Reasoning. Imam Syâfi’î has a major contribution in laying the foundation and methodological principles of Islamic law (ushûl al-fiqh), supporting a strong unity between the Alquran and the Sunah as well as providing a level of convergence between the reasoning of ahl al-hadîtsand ahl al-ra’y. The methodology offered by Imam Syâfi’î is well suited and relevant to the context of the social and cultural conditions of the time. This article elaborates more comprehensively on the legal reasoning offered by the Imam Syâfi’î. However, in the current context, the process of legal reasoning that is offered by Imam Syâfi’î deserves further study considering the different challenges and opportunities. Other ijtihâdmethods need to be considered in the legal process at this time.DOI: 10.15408/ajis.v14i2.1277
KEDUDUKAN DAN JUMLAH MAHAR DI NEGARA MUSLIM
Qodariah Barkah
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1286
The Position and Number of Dowries in Muslim Countries. The dowry has a significant role in a marriage. The obligation of the husband to provide a dowry for wife has led to various interpretations by mufassirand jurists. The Qur’an uses the term dowry gift accompanied with the words ma’rûf. Currently, various Muslim countries that have undertaken family law reform have included a dowry as one of the objects of the problem that must be given rules in detail, so that if in future there is a problem in the household and has been linked with the dowry then the matter can be settled by a judge.DOI: 10.15408/ajis.v14i2.1286
أثر قول الصحابي في الفقه الإسلامي
سيتي هناء
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1290
The influence of Qawl al-Shahâbî in Islamic Law.Islamic law is dynamic because it always responds to legal problems that concern social life. This dynamic has been supported by the limitless sources of Islamic law. There are two types of Islamic sources: undebatable sources (muttafaq ‘alayh) such as Alquran, hadîts, ijmâ’and qiyas, and debatable sources (mukhtalaf fîh) such as maslahah mursalah, istihsân, ‘urf, qawl al-shahâbî, istishhâband sadd al-dzarâ’i’. Qawl al-Shahâbîhas an important position in the formation of Islamic law because the fuqahâmuch refer to them when wanting to issue fatwâ. The disagreements of ulama over evidence do not die on rejection, but intensify on the use of the law as the main source.DOI: 10.15408/ajis.v14i2.1290
FIKIH GOLONGAN INGKAR HADIS
Abbas Langaji
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1282
The Fiqh of Reject Hadis Group. Since the classic time up to nowdays, the Islamic fiqh form always uses Qur’an and Hadis as normative sources. The appearance of community who denied the authority of Prophet Muhammad Saw. through his Hadis in deciding a law creates a new form in “fiqh” which is ephistemologically implies not only to the exixtance of a different Islam but also and odd Islamic fiqh. It is believed that the separation of Hadis and Qur’an in deciding a law will cause confusion and ambivalence attitude for the believers.DOI: 10.15408/ajis.v14i2.1282
MARRIAGE RIGHTS OF AFGHAN WOMEN IN TRADITIONAL PRACTICES AND LEGISLATION PROTECTION
Muhammad Aunurrochim Mas’ad;
Mariam Saidona Tagoranao;
Hekmatullah Muradi;
Faiz Murad
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1278
Marriage Rights of Afghan Women in Traditional Practices and Legal Protection. This paper aims to reviewthe role of law for equal protection of women inAfghanistan and offers recommendations so that their marriage rights areprotected by civil law. Although the civil law of Afghanistanmentions guarantees and protections of marriage rights of women, however, they are still at risk of being subjected to harmfultreatment, customs, or traditions which are practiced in Afghanistan. Therefore, this paper is important in finding a solution to theproblems of women in Afghanistan until they obtain duly protectedrights by law.DOI: 10.15408/ajis.v14i2.1278
KARTU KREDIT SYARIAH DAN PERILAKU KONSUMTIF MASYARAKAT
Dewi Sukma Kristianti
AHKAM : Jurnal Ilmu Syariah Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v14i2.1287
Islamic Credit Cards and Consumptive Behaviour of Society. The credit card as one means of payment utilising cards, is a payment system that is growing rapidly, brought about by the security and risk of carrying cash in large amounts, efficiency, speed and ease of transaction that is offered. Islamic banks are glancing consumer funding products as one of the products services to be offered. There is a very important limitation that must be realized for Islamic banks, namely the provisions of the shari’a principles regarding the provision of credit card and influence on consumer behaviour society, particularly the Muslim community. It is not impossible for the existence of Islamic credit cards that are presented for the ease of transacting to become a card for the ease of indebtedness and cause a consumptive/wasteful attitude that is definitely forbidden in Islamic economic concept.DOI: 10.15408/ajis.v14i2.1287