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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<![CDATA[KONSEP PEMBAGIAN HARTA BERSAMA BERDASARKAN KONTRIBUSI DALAM PERKAWINAN ]]>
<![CDATA[Muhamad Beni Kurniawan]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.4741
<![CDATA[This article describes marital property issues. How to devides marital property that can give justice to the parties. Becaused of that, this article provides a concept that can give justice to the parties ie marital property’s dstribution based on contributions in marriage. This concept is regarded more fair than the concept that provided by KHI. This study also gives religious court’s judges opinion about the concept of marital property’s distribution based on contributions in marriage. This article concludes that the conceptof marital property’s distribution based on contributions in marriage is thed istribution of marital property by assessment the contribution of the parties.In marital properties cases, if one party gives more contribution than the others, The judge can do contra legem. So that in casuistic, The distribution must not be 50% maybe the widower get 25% and the widow get 75% depend on their contributions. DOI: 10.15408/ajis.v17i2.4741]]>
<![CDATA[Al Jam’iyatul Washliyah dan Problem Kepemimpinan Non Muslim dan Perempuan ]]>
<![CDATA[Jafar Jafar]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.5204
<![CDATA[Al-Washliyah as an organization engaged in education, da'wah,social charity and Islamic law, faces challenges in responding to current issues of non-Muslim and female leadership. This article examines Al-Washliyah'slegal view of non-Muslim leaders and women. This study found Al-Wasliyah's dissent of non-Muslim leadership and women. Organisationally, Al-Washliyah's Fatwa Council rejects non-Muslims as leaders for Muslim societies, although there are some scholars and intellectuals of Al-Washliyah who have different opinion on non-Muslim leaders. Also, this organization does not allow women to become heads of state, although some of Al-Washliyah's young intellectuals do not mind if women become heads of state. DOI: 10.15408/ajis.v17i2.5204]]>
<![CDATA[ربا القرض في المعاملات المعاصرة في ميزان الإقتصاد الإسلامي ]]>
<![CDATA[Daud Rasyid]]>;
<![CDATA[Aisyah Daud Rasyid]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.6235
<![CDATA[Borrowing is a transaction that has been taking place from the earliest human civilisation. Islam encourages its followers to lend others who need it and promises big reward. Islam prohibits any exploitation of people in difficulty by asking for more than what has been borrowed, in any form, either in the form of additional money or in services. In current modern era, someone cannot escape from Bank as an institution that provides a product of lending money to their customers. However, the compensation of the loan is the Bank requires additional payment in some percentage on top of the capital that being borrowed as per defined in the loan agreement when customer pay off the loan, either paying with cash or instalment. The Bank will apply a charge to the borrower when the repayment of the instalments or the pay off is overdue. There are also additional charges such as administration fee that is charged to the customers. DOI: 10.15408/ajis.v17i2.6235]]>
<![CDATA[المظاهرات السلمية تطبيقا لنظام الرقابة الشعبية في الفقه الإسلامي والقانون الوضعي الإندونيسي ]]>
<![CDATA[Rusli Hasbi]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i1.6228
<![CDATA[Demonstration is one application model of the people supervision against the government’s performances, which is based on amr ma’ruf nahi munkar and aims to realize people’s aspirations when they want to change a law and a government policies or aims showed disagreement over what happens inside the country or a broad, such as injustice, etc, and Islam has legalized demonstration during carried out public interest and in order to maintain security and stability of society, the government also has ensured this demonstration with giving rights and freedoms to every citizen to express their aspirations in accordance with applicable laws. DOI: 10.15408/ajis.v17i1.6228]]>
<![CDATA[Telaah Kritis Terhadap Perkawinan Usia Muda Menurut Hukum Islam ]]>
<![CDATA[Moh. Ali Wafa]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.6232
<![CDATA[Young marriage discourse has always been a debate in Islamic legal thought. This study analyzes differences of opinion among jurists in determiningage limits (balīgh, iḥtilām, rushd) which implicates the right of ijbār in marriage.The scholars of Shafiyah allow the right of ijbār with very difficult and rigid requirements, while Ibn Shubrumah, Abu Bakr, Al-A'sham and Al-Batii do not allow the right of ijbār, even their marriages are considered null and legal. This study found that marriage of young age is determined by the benefits arising from marriage. This study has implications for the implementation of the maslahah mursalah as an alternative in establishing the law on the age limit of marriage in Indonesia. DOI: 10.15408/ajis.v17i2.6232 ]]>
<![CDATA[Customary Law of Inheritance and Migration: Adoption of The Old Regime or Adaptation to The New One? ]]>
<![CDATA[Dewi Sukarti]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.6236
<![CDATA[This article is a result of field research about the culture of inheritance of migrating Besemah people in Jakarta. The research questions raised in this article are do migrating Besemah people adopt their customary law of inheritance or do they adapt to the regime prevailed in the Jakarta? This article found that Besemah people living in Jakarta have been adapting to the urban way of inheritance which gives similar share between men and women and gives a strong position to wife. Another important finding is that only a small number of migrating Besemahers still maintain the old value and customs of their region of origin. DOI: 10.15408/ajis.v17i2.6236]]>
<![CDATA[Towards Indonesia Halal Tourism ]]>
<![CDATA[Atang Abd Hakim]]>;
<![CDATA[Hasan Ridwan]]>;
<![CDATA[M Hasanuddin]]>;
<![CDATA[Sofian Al-Hakim]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.6243
<![CDATA[The background of this research is the increasingly halal phenomenon of halal tourism development. This study aims to determine and criticize the nature of halal tourism and know the indicators that can be used to measure the happiness of a kosher tourist destination. The research method used in this research is qualitative method. This study concludes that there has been a change in the nomenclature of sharia tourism into halal tourism. The concept of halal tourism has principles derived from the Qur’an and Sunnah. At the beginning of its development in 2013, the Ministry of Tourism with DSN-MUI has determined the criteria of halal tourism that includes nine principles, namely the benefit of the ummah; enlightenment, refreshment and tranquility; avoid idolatry, khurafat and immoral; maintaining the behavior, ethics and noble values of humanity; maintaining trust, safety and comfort; universal and inclusive; preserving the environment; and respect for sociocultural values and local wisdom. DOI: 10.15408/ajis.v17i2.624310.15408/ajis.v17i2.6243]]>
<![CDATA[Competing Political Ideologies on the Implementation of Islamic Law in Indonesia: Historical and Legal Pluralist Perspectives ]]>
<![CDATA[M Arskal Salim GP]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.6233
<![CDATA[A contest between different political ideologies took place in the early years after the independence of the Republic of Indonesia. The debate centered on whether the new state would officially apply Islamic law. This article looks at the past events that demonstrated the recurring contest between various ideological camps at different levels and forms. Employing both historical and legal pluralist perspectives, this article ponders several themes at different time and places to show typologies of political ideologies throughout Indonesian modern history. DOI: 10.15408/ajis.v17i2.6233]]>
<![CDATA[Indikator Penciri Penanggalan Hijriah pada Pergerakan Pasang Surut ]]>
<![CDATA[Salnuddin Salnuddin]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.5686
<![CDATA[Rhythmic movement of the tides follow the movement of the moon,as the dominant component of which has a rhythmic, should the movement of tidal inform month trip in the form of style variations of tide generating force (GPP) which indicates the time in the Hijra calendar. This article aims to determine the indicator of the tidal movement indicating the time of the Hijri calendar. The timing of slack water (t sw) the movement receded into pairs (tsw s) in peak II relatively consistent for the three months of data were analyzed tidal movement. Consistency is shown on the results of the statistical analysis by comparing the Probability (Pr) to the Wilks’ Lambda ( ) is very small(<0.0001) which means that the time of slack water (t sw) can be a primary identifier in determining the Hijra calendar. Further research is needed to determine the time point t SWS belt of a general nature in order to facilitate the determination of the Hijra calendar through the movement of the tides.DOI: 10.15408/ajis.v17i2.5686]]>
<![CDATA[Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts ]]>
<![CDATA[Saut Maruli Tua Manik]]>;
<![CDATA[Yaswirman Yaswirman]]>;
<![CDATA[Busra Azheri]]>;
<![CDATA[Ikhwan Ikhwan]]>
<![CDATA[ AHKAM : Jurnal Ilmu Syariah Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Jakarta ]]>
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DOI: 10.15408/ajis.v17i2.6082
<![CDATA[The research focused on the importance of the establishment of special courts within the Religious Courts in the settlement of sharia economic disputes, and the legal construction of the establishment of a special syariah economic court within the Religious Courts. The results of research: First,the establishment of a special syariah economic court within the Religious Courts can achieve efficiency and professional realization so that the belief of sharia economic community towards the Religious Courts is realized. Second,the construction of the special law court of Islamic law within the Religious Courts is the 1945 Constitution and Law Number 48 Year 2009 on Judicial Power, and the position within the Religious Courts under the Supreme Courtin accordance with Law No. 3 of 2006 on Amendment to Law Number 7 of 1989 concerning Religious Courts jo Law Number 50 Year 2009 concerning Second Amendment to Law Number 7 Year 1989 on Religious Courts. DOI: 10.15408/ajis.v17i2.6082]]>
