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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 16, No 1 (2016)" : 15 Documents clear
Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam. Umar Al-Haddad
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2896

Abstract

Assumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.2896
Pelaksanaan Isbat Nikah di Pengadilan Agama Pandeglang Ahmad Sanusi
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2901

Abstract

This study shows that the implementation of marriage stipulation in the Religious Pandeglang is similar to other religious courts, in accordance with the procedure of the legislation. Based on the data, isbat nikah in the Religious Court of Pandeglang has increased annually. In 2012, the number of isbat nikah amounted to 41 cases and in 2013 increased to 68 cases, then in 2014 became 135 cases. Isbat nikah established by the Religious Courts Pandeglang is a marriage that has already met the requirements of marriage but has not recorded yet because of poverty. Therefore, isbat nikah is free of charge.DOI: 10.15408/ajis.v16i1.2901
Hukum Keluarga Islam dalam Perspektif HAM Universal (UDHR) dan HAM Islam (UIDHR) Muhammad Faisal Hamdani
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2892

Abstract

Human Rights contain provisions relating to Islamic law, especially family law. As a Sharia scholar, this topic is crucial to observe. This paper analyzes several aspects of family law in human rights, both universal human rights and universal human rights, such as marriage, inheritance, and child custody. There are the similarities and differences in both of these human rights like in the case of marriage. In Universal Declaration Human Rights, marriage is permissible for a couple without consideration of religion at all (article 2), whereas in Universal Declaration Human Rights, there is strong indication (Article 19 (1)a) that inter- religious marriage is forbidden, such as the comments of Elizabeth Mayer and others.DOI: 10.15408/ajis.v16i1.2892
Refleksi Teori Kritis Jurgen Habermas atas Konsesus Simbolik Perda Syariah Ahmad Abrori
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2897

Abstract

This article aims to investigate how the critical theory of Jurgen Habermas can be used to better understand the Syariah Islamic law issues in the district of Garut. Habermas is arguably one of the most powerful thinkers in contemporary sociology, particularly because of his influential ideas regarding public sphere. He believes that the absolute power of the state by which it colonizes civic daily life should not automatically silence public voices. Modern capitalism creates huge opportunity of people to connect in public spheres such as markets, cafes, and restaurants. They do economic transaction at the same time they love to talk, discuss, and argue on current social, economics, and political issues. It leads to the society that might change the power of authority as well as the established culture, starting by questioning the public policy that might lead to the authority which has a legitimacy crisis. From this perspective, the implementation of Perda Syariah (Sharia local regulation) in Garut region is analyzed. This paper uncovers the conditions in which the law enforcement of the Perda has been challenged.DOI: 10.15408/ajis.v16i1.2897
Nasab dalam Perspektif Tafsir Ahkam M Jamil
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2902

Abstract

Family relationship for someone is something very important. Due to this relation, people would have family relation to whom they are connected. The importance of nasab discussion because it relates someone to a lot of matters, such as inheritance, guardian, and equality (kafâ’ah) of husband and wife before marriage. The fiqh scholars and commentators disagree with the meaning of nasab. Many Scholars say that nasab is the relationship between a man and his child related to legal marriage. Hanafiyah states that nasab is the relationship between a man and his child due to genetic relationship. The logical consequence of this difference is in inheritance. Many scholars assert that inheritance is only connected to legitimate family relationship while Hanafiyah tend to say that inheritance is related to blood relations.DOI: 10.15408/ajis.v16i1.2902
Poligami dan Sanksinya Menurut Perundang-undangan Negara-negara Modern. Muhibbuthabry Muhibbuthabry
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2891

Abstract

One of the interesting themes of Islamic family law reform is the legal status of polygamy. Almost all Muslim countries make efforts to narrow the space for the practice of polygamy by providing sanctions for the doers, including Tunisia, Pakistan, Egypt, Syria, Malaysia, and Indonesia. This article tries to discuss and analyze this case by making a comparison between the laws of family law in some countries—such as Tunisia, Pakistan, Egypt, Syria, Malaysia, and Indonesia—and the concept of classical fiqh. The study shows that even though each of these countries has the same spirit of renewal, they practice different reform issues related to polygamy. It can be clearly seen in the diversity of forms of sanctions for the doers of polygamy.DOI: 10.15408/ajis.v16i1.2891
Kritik Atas Pemikiran Abdullahi Ahmed An-Naim Tentang Distorsi Syariah terhadap HAM Sapiudin Sapiudin
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2893

Abstract

In liberal studies, Sharia and human rights are two issues that are often opposed to distort the role of sharia in solving human right cases. In his writings on sharia and human rights issues, Abdullahi Ahmed an-Naim often applies rational rules as the source of truth and human values as a goal, but he excludes the role of Islamic law and its interpretation. Naim states that the human right problems in the world can not be solved by the sharia but can only be solved by secular laws. For example, the practice of slavery and discrimination against women and non-Muslims ethnic is a subjective conclusion that is counter productive to the role of sharia. Therefore, this conclusion is unacceptable and is necessary to have objective assessment. It is really clear that sharia is glorious and never distorts human rights at all.DOI: 10.15408/ajis.v16i1.2893
Straddling between Regulation and Innovation: A Case Study of an Islamic Bank in Indonesia. Noval Adib; A.K. Siti Nabiha
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2898

Abstract

Islamic bank, as an alternative financial institution, is now widely accepted and has been established in various countries. In Indonesia, Islamic bank was first established in 1992 along with the revival of Islam in the country. Previously, the establishment of Islamic bank in Indonesia was hindered not because of economical reason but because of a political stigma associated with Islam especially during the 1970s. The purpose of this article is to explore how the bank makes innovations to increase its performance that makes its legitimacy high on the eyes of its stakeholders. The article also discusses the various regulations and roles of central bank and the Indonesian government in ensuring control and good governance and subsequently into further developing the Islamic and shariah banking system in Indonesia.DOI: 10.15408/ajis.v16i1.2898
موقف الفقهاء فى اللفظ المشترك وأثره فى الفقه الإسلامي Ahmad Sudirman Abbas
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2903

Abstract

Lafzh musytarak (ambiguous word) is one literary study to produce a certain law. Such as the word “al-lams” which means touch of skin in the explicit sense and sexual activity of husband and wife in implicit sense. As a result, it has different consequences. If the interpretion of “al-lams” is touch of skin, the person should repeat his wudu’ (ablution). If the interpretion of “al-lams” is sexual activity of a couple, they have to take junub bath to purify them from large hadats. These two meanings have deep arguments based on religious scripture and in-depth research on any related word in several literature. This activity also needs to consider logical and relevant situation and condition to perfectly implement Sharia values.DOI: 10.15408/ajis.v16i1.2903
Tanggung Jawab Sosial Bank Syariah Terhadap Stakeholder dalam Perspektif Maqâshid Syarî’ah Siti Amaroh
AHKAM : Jurnal Ilmu Syariah Vol 16, No 1 (2016)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v16i1.2894

Abstract

The implementation of social responsibility is not solely to meet the expectations of the public, but as a form of devotion to Allah. Good values in social responsibility are shown for the formation of a physically and morally prosperous society, as well as to achieve happiness (fâlah) in the world and the hereafter. Activities of Islamic banks is not only to maximize financial profit but also to achieve social welfare as an effort to fulfill the maqâshid syarî’ah. Therefore, a policy of social responsibility of Islamic banks should be legally integrated in their operational systems and as an obligatory mandate to optimize achievement.DOI: 10.15408/ajis.v16i1.2894

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