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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Conceptualization of Economic Right For Small Traders at Traditional Market In Indonesia
Mustapa Khamal Rokan
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6231
Transnational corporations trading power has been challenged human right condition in Indonesia. There are many small trader (read:traditional market) have been marginalized. This paper conceptualize right ofsmall traders to justice market by means seeing traditional market cases. This paper is using qualitative method research by statute approach and also use primair data at the field by means interview trader at tradition market. This study shows that Indonesian law market doesn’t opimize yet to protect and maintain traditional market Indonesia. The regulations give the local leaderto make the policy about it. Indonesian law instrument especial human rightlaw and law of market must be up dated to maintain the vulnarable group liketraders at traditional market. DOI: 10.15408/ajis.v17i1.6231
Endogamous Marriage Of Jamaah Tarbiyah: A Sociological Study Of The Jamaah Tarbiyah In Salatiga
Ilyya Muhsin
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6226
This article discusses the endogamous marriage of Jamaah Tarbiyah in Salatiga, Central Java based on a sociological perspective. The framework of Bourdiue theory, particularly capital and habitus concept, was applied to analyze the case. Jamaah Tarbiyah was able to force the cadre to get married in endogamous system based on ‘its own capital’. But, when the system was on process sometime it run in coercive way and there was a symbolic violence. As result, the coercive way raised a habitual action (habitus). The habitus resulted a doxa as well as a heterodoxa (counter doxa) when doxa opposed topersonal interest. Dialectic of the habitus, doxa, and hetrodoxa influenced on the member’s social life when endogamous marriage was practiced. DOI: 10.15408/ajis.v17i1.6226
الشروط والضوابط الشرعية للغذاء الحلال: خبرة إندونيسيا
Amany Lubis
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6222
Halal food, which is characterized by lawful and good, has been measured by the standards of what can be eaten and cannot be eaten according to Islamic jurisprudence. The are condition and criteria of halalfood. Supervisory Board of the food products of the Council of Indonesian Ulama sends its inspectors to food factories in order to monitor the stages of production lines, and make sure to the safety of the food. In this article,halal food for Muslim will be discussed, including to unify the standards of halal products in Muslim countries, and implementing the Islamic way of undergoing contracts and transactions. DOI: 10.15408/ajis.v17i1.6222
Kritik Hermeneutik dan Kontekstualisasi Ayat-Ayat Hukum
Yusep Rafiqi
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6088
Hermeneutics is often suspected as 'not from the Islamic treasury'. Although the topic of interpretation has been introduced by Aristotle in“ On Interpretation,” Hermeneutics became an independent subject in the science of philosophy in the seventeenth century mainly related to theinterpretation of texts and literary works. Another suspicion of the presence of Hermeneutics in Islamic treasures is the interpretive methodology that makes reconstructed texts as a center of study. It may lead the reader toother dimensions outside the convention. Beyond the pros and cons of thestudy of hermeneutics, this article explores the importance of hermeneutic methods and the contextualization of legal verses in the Qur'an to meet the needs of dynamic societies. DOI: 10.15408/ajis.v17i1.6088
The Rohingya’s Muslim Asylum Seekers in Southeast Asia: From National to International Law Perspective
Khamami Zada
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6227
The Rohingya’s Muslim asylum seekers have recently been global issues. International, regional, and national law have provided legal basis that they have the right to look for asylum and to be protected. By normative and empiric approach, this study analyze the respect of Indonesian and Malaysian goverment to international, regional, and national law on refugees. This study found that both of Indonesian and Malaysian goverment have respected the international customary law, regional law, and national law that fulfill their rights to seek asylum, have agreed that they welcomed them and will take care of them. The implication is to protect them in some areas in these country.DOI: 10.15408/ajis.v17i1.6227
Kriteria Hukum Fikih Ja’fari
Abdul Rouf
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6221
The phenomenon of Shi'ism in the discourse of Islamic thought becomes one of the interesting as well as controversial discourse. Shia Ja‘farī, known as the Shi'a Imamiyah is often a priori addressed. A lot of the literature on the founder’s thinking contains prejudices. As a result,Shia Ja‘farī is not only underestimated, but also regarded as an aberrationor misdirection. Serious accusations are often leveled by Sunni against the Shias. This study poses the real issue, referring to some authoritative literature on Shia about the historical background of the birth of the Ja‘farī school, its criteria of law, its attitude to the Qur'an, the Hadith of the Prophet, reason and qiyas. DOI: 10.15408/ajis.v17i1.6221
Ta’zir dan Kewenangan Pemerintah dalam Penerapannya
Azhari Akmal Tarigan
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6223
This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application.In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruleror judge to determine the type of crime and jarimah that can be punished (ta'zīr) and the type and form of punishment is really important. The flexibility of ta'zīr allows to accommodate the complex form of crime suchas gratification, corruption, sexual harassment, drugs, and pornography.But ta'zīr also opens the opportunity for the tyranny of the government inpunishing a person. This article offers the need for ta'zīr by making qanun like in Aceh. DOI: 10.15408/ajis.v17i1.6223
Building Flats Through Waqf Land: Legal Breakthrough And Obstacles
Muhammad Maksum
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6229
Legal Breakthrough and Obstacles. The ratification of Law No.20/2011 regarding flats has led us to a legal breakthrough particularly on the merger opportunity between waqf and flats. Such opportunity offers legal distinctive solution such as owning the flats based on the Right to Ownership of Buildings Title (Sertifikat Kepemilikan Bangunan Gedung/SKBG) and the imposition of collateral in fiduciary. On the other hand, this law also brings out legal issues related to the rights and responsibilities of the parties in the lease contract or the cooperation between the waqf supervisor and the manager of the buildings and the tug-of-war concerning the dispute settlement authority between general and syariah courts. DOI: 10.15408/ajis.v17i1.6229
Kondisi Metereologi Saat Pengamatan Hilal 1 Syawal 1438H di Indonesia: Upaya Peningkatan Kemampuan Pengamatan dan Analisis Data Hilal
Fuad Thohari;
Achmad Sasmito;
Andy ES;
Jaya Murjaya;
Rony Kurniawan
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i1.6224
Hilal observation done The Agency of Meteorology, Climatology,and Geophysics (BMKG) on June 24, 2017 at 17 Station Observations ofBMKG for the determination of 1 Shawwal 1438 H get the sighting the moon at Kupang Geophysical station. The result was still questioned by astronomers because in addition to their smaller size in terms of theory, it was also regarded as noise (disturbance). Re-observation at Kupang Geophysical Station withVixen ED81S telescope and Canon 500D detector obtained data that the newmoon position was in line with the calculation result (elongation 4˚ 49 '58 ")with smaller diameter than the theoretical value (67%). This article showed that the incident was suspected as a result of refraction so that the atmosphere seemed to function as a concave lens that resulted in the reduction of the object from its original size. DOI: 10.15408/ajis.v17i1.6224
Analysing The Essence of Fiqh Subjects In Curriculum 2013
Fauzan Fauzan;
Anis Fuadah Z
AHKAM : Jurnal Ilmu Syariah Vol 17, No 1 (2017)
Publisher : Universitas Islam Negeri Jakarta
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DOI: 10.15408/ajis.v17i2.6237
The essence of learning is to improve the quality of learners and to complete the national education goals that have been established, inaccordance with the mandate of the constitution. The effort to improve the quality of education through curriculum has been responded by the Ministry of Religious Affairs in 2013 on the subject of Islamic Education and Arabic Language. The implementation of the 2013 curriculum at public ElementarySchool, in this case is the subjects of Fiqh, become a break through to conductthe learning process to be more dynamic and innovative. The uses of varied methods to teach fiqh are expected to make the application of Fiqh in the dailylives of learners; both in their worship to God (‘ibādah) and social interaction(muamalah) become successful habit. DOI: 10.15408/AJIS.V17I2.6237