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"Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009"
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<![CDATA[مقاصد الشريعة ومكانتها ÙÙ‰ استنباط الأØكام الشرعية ]]>
<![CDATA[Ahmad Fathan Aniq]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.1-24
<![CDATA[ÙÙŠ هذه المقالة كتب الباØØ« عن مقاصد الشريعة Ùˆ مكانتها ÙÙŠ استنباط â€Ø§Ù„Ø£Øكام الشرعية. Ùهي تتكون من تعري٠مقاصد الشريعة Ùˆ أنواعها Ùˆ مراتبها â€Ùˆ أهميتها ÙÙŠ استنباط الأØكام الشرعية. مقاصد الشريعة هي المعاني â€ÙˆØ§Ù„أهدا٠الملØوظة للشرع ÙÙŠ جميع Ø£Øكامها أو معظمها. أو هي الغاية من â€Ø§Ù„شريعة والأسرار التي وضعها الشارع عند كل Øكم من Ø£Øكامها. Ùˆ هي â€ØªØªÙƒÙˆÙ† من الضروريات Ùˆ هي خمس: الدين والنÙس والعقل والنسل والمال Ùˆ â€Ø§Ù„Øاجيات Ùˆ التØسينيات. Ùˆ قد اختل٠الأصوليون ÙÙŠ ترتيب الكليات الخمس â€Ùيما بينها ولكن المراتب المستعملة الأغلبية عند الأصوليين هي ما قاله الغزالي â€Ø¨ØªÙ‚ديم الدين ثم النÙس ثم العقل ثم النسل ثم المال. ÙÙÙŠ استنباط الأØكام â€Ø§Ù„شرعية على المجتهد أن ÙŠÙهم مقاصد الشريعة. ÙÙهمها عند الشاطبي يكون â€Ø´Ø±Ø·Ø§ تأهيليا أساسيا لمن أراد أن يجتهد، وعند الجمهور يكون شرطا تأهيليا â€ØªÙƒÙ…يليا. ومعرÙتها أمر ضروري على الدوام لكل الناس. Ùللمجتهد إنها ضرورية â€Ø¹Ù†Ø¯ استنباط الأØكام ÙˆÙهم النصوص، ولغير المجتهد تكون Ù…Øتاجة لمعرÙØ© â€Ø£Ø³Ø±Ø§Ø± التشريع.â€]]>
<![CDATA[Usul Fikih dan Metode Pengajarannya di IAIN Sunan Ampel Surabaya ]]>
<![CDATA[Noor Naemah Abd Rahman]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.25-51
<![CDATA[Ushul fiqh (Islamic legal theory) as a method can be utilized to analyze various cases and create a dynamic legal solution to them. As a science, ushul fiqh is dynamic, contextual to time space, scholarship development, and the jurists’ competence. Islamic law is highly dependent on ushul fiqh since it is the guide for Islamic jurisprudence as practical solution for daily issues. On that basis, full mastery of ushul fiqh is a requirement of conducting ijtihad (interpretation).As an institution f Islamic learning focusing on Islamic law and jurisprudence, Faculty of Islamic law is expected to pay attention to the teaching of ushul fiqh, both in theory and practice. Thus, the learning of ushul fiqh is directed toward the anatomy of thought and epistemology in the thought of Islamic law with more emphasis on ushul fiqh as an applied science. To achieve a desired result, several supports should be prepared, such as competent lecturers, supportive attitude of lecturers towards students, good quality of curriculum, detailed syllabi and precise teaching plan, effective teaching method and so forth. By doing so, usul fikh will not only become dead science, but also becomes a means to construct the spirit of ijtihad and eradicates the taqlid tradition which have been hampered the scientific development in Islam for long time.]]>
<![CDATA[Pemikiran Fikih Muhammad Ibn Isma’il al-Bukhary ‎(Bagian Kedua)‎ ]]>
<![CDATA[Muh. Fathoni Hasyim]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.52-77
<![CDATA[Al-Bukhary is a person with expertise in various areas of Islamic science. He is expert on the Qur’anic exegesis, Prophet tradition, jurisprudence, theology, history, belle lettre, and so on with high level of achievement, especially on prophet tradition and jurisprudence. He has a consistent viewpoint even more persistence than Ahmad ibn Hanbal who is well-known for his insistence in employing only sound prophet tradition in jurisprudence. Al-Bukhary never uses weak tradition in jurisprudence. He also devises for his own so very distinct five methods of ijtihad that his jurisprudential interpretation is so distinct compared to other jurists of his time. This article presents al-Bukhary as an absolute jurist (mujtahid mutlaq), focusing on the structure of his legal theory. Therefore, two aspects will be discussed; his methodological structure which makes him worthy of the title; and its application in his jurisprudential products.]]>
<![CDATA[Pemikiran Kyai NU tentang Relasi Agama dan Negara ]]>
<![CDATA[Masruhan Masruhan]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.78-105
<![CDATA[From time to time, the kyai (indonesian traditional muslim leaders) which are the main actors of Nahdlatul Ulama have played important roles in the making of fundamental policies in the relationship between religion and the state. Occassionaly, their policies are considered opportunistic. Such labels are drawn from their political manourvres during the period of Soekarno’s Guided Democracy and Soeharto’s New Order. For example, it was NU that initiate the status of waly al-amr al-darury bi al-shaukah (the real power holder) to Soekarno during his Guided Democracy. On the other occasion, Nahdlatul Ulama worked closely with other Islamic parties to fight for Islam as national ideology in constitution committee during the period of parliamentary democracy.Indeed, the kyai always look up all decisions on the ground of Islamic jurisprudence, including political ones. One particular principle in Shafi’iy school of law is a legal maxim saying that the state is an institution whose task is to generate welfare for community, in the world and hereafter. As a consequence, one must not act against the government. Rebel and treason is prohibited. Moreover, status qou is better than chaos and anarchy in the absence of authority. In this way, the relationship between religion and state is a mutual one.]]>
<![CDATA[Bahtsul Masail dan Problematikanya di Kalangan Masyarakat Muslim Tradisional ]]>
<![CDATA[Ahmad Munjin Nasih]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.106-129
<![CDATA[Up to now, Nahdlatul Ulama always presents issues for discussion and analysis. Among others is Bahstul Masail forum which is designed to find solution for religious issues. The forum is an interested object of study for to aspects. The first is about the process of drafting a fatwa (non-binding legal opinion) to a given religious issue and the discussion precedes it. The second aspect concerns disseminating and communicating a fatwa to Nahdlatul Ulama members, especially the person who inquire the issue.]]>
<![CDATA[Transaksi Derivatif dalam Perspektif Hukum Islam ]]>
<![CDATA[Imam Buchori]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.130-154
<![CDATA[The impact of the ratification of free trade agreement is the temporary stock exchange. It is a market presenting a different trading system compared to conventional market. One of its products is derivative transaction. It is a payment contract which its value is derived from instrument value which becomes its basis, such as interest rate, exchange rate, commodity, equity and stock exchange index, either those followed by liquidity or instrument movement or otherwise. However, credit derivative transaction is not considered this derivative transaction. In Islam, there is no prohibition to conduct agreement provided that it must be executable, with good intention, and clean (free from usury, gambling, and fraudulence). An example of such an agreement is selling. As a result derivative transaction is lawful since it is in line with the principles of sharia; good objective, clean, and fulfilling the requirement of an aqd (transaction).]]>
<![CDATA[Konsep Uang dalam Perspektif Ekonomi Islam dan Ekonomi Konvensional ]]>
<![CDATA[Ahmad Mansur]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.155-179
<![CDATA[Money which is the most liquid asset, is also commodity in the economy. It can be traded just as goods and services. Everybody has an access to enter money market and sell the money to those who demand it either for consumption, production and investment at the market price. The concept of money then is identical to the capital, this lead to the practice of interest in the money market because interest is considered the price of the use of money. The involvement of the interest in the money market can be traced from its theory of money demand and from the function of money itself as store of value and as standard of deferred payment, besides as medium of exchange and as unit of account or measure of value.In the perspective of an Islamic economics, the function of money is only as medium of exchange and as unit of account. Since money is not commodity it can not be traded in the economy. That is why money is not identical to the capital, as result it also can not be kept for a long period of time. It must be circulated in the society and be used to perform economic activity. So in an Islamic economics money is flow concept and not stock concept, money is public property and not individual property. This distinction of the concept of money in the conventional economics and in an Islamic economics can be traced from its function and its theory of money demand which both of them have advantages and disadvantages. For example, the concept of money in an Islamic economic tends to make money always circulate and flow among society to be used for the economic activity while in the conventional economic money tends to be kept idle as individual wealth and will be released only if its price is quite high in the market. It is not necessary however to force ourselves applying to one concept and leaving the other one, but let both of them go hand in hand and complement each other in economy.]]>
<![CDATA[Prospek Ekonomi Syariah dalam Menjawab Tantangan Keadilan Sosial dan Kapitalisme Global ]]>
<![CDATA[Muhammad Yazi]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.180-204
<![CDATA[In Islamic perspective, money is merely a means of economic transaction. It is not a commodity, but a means to achieve added value. Such a concept is contradictory to the interest-based banking system in which money “makes†money regardless its productivity. To gain profit money should be employed in basic economic activity, be it is directly channeled such as trading, leasing and so forth, or indirectly conducted through capital partnership to carry out an aspect or several aspects of an economic activity. One crucial solution that the government must consider in recovering Indonesian economy is the implementation of shari’ah economy. Shari’ah economy has strong commitment in poverty alleviation, law enforcement, economic growth, interest abolition, and the prohibition of currency speculation to create economic stability. Shari;ah economy which is founded upon justice shows excellent concept in facing monetary upheavals compared to interest-based system. It is a fact that global economists agree on. In the future, government must pay more attention to Islamic economy system which has been proven resistant in crisis time.  Islamic economy system, which is represented by shari’ah financial institution have shown its vigor and survided because of its profit sharing principle so that it did not undergo negative spread as those interest-based banks did. In fact, the Islamic banking immensely grows in those rainy days whereas some interest-based banks surged down and collapsed and some other banks were recapped by the government with 650 zillion rupiahs. Every year, Indonesian national budget is drained to pay that recap obligation interest which it should be allocated to poverty alleviation programs. It is the cost that we have to pay if we keep hanging on capitalistic economy which revolves around interest.]]>
<![CDATA[Pemberdayaan Ekonomi Umat Berbasis ‎Masjid ‎(Pengalaman BMT Masjid Nurul Jannah ‎Petrokimia Gresik)‎ ]]>
<![CDATA[Abd Basid]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.205-229
<![CDATA[This article explores the concept of muslim community empowerment through Baitul Mal wat-Tamwil (BMT) or community treasury. The potentials of this economy institution is often undermined, even by muslims. BMT is considered out of dtae to tackle nowadays community’s economic challenges. The profile and business of BMT Nurul Jannah is uncovered to illustrate muslim community empowerment in Gresik. It turns out that the BMT which was established by the Nurul Jannah mosque foundation is designed to increase the role of the mosque in improving economic empowerment of the surrounding muslim community. BMT has two functions; it collects and distributes zakat (alms). In adition, it also channels credits for economic activities of muslim community in its surrounding.]]>
<![CDATA[A Policy Analysis from Gender and Islam Perspective on Regarding Elimination of Violence in ‎Household ]]>
<![CDATA[Nabiela Naily]]>
<![CDATA[ Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 1 (2009): Al-Qanun Vol. 12, No. 1, Juni 2009 ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alqanun.2009.12.1.230-258
<![CDATA[The law Number 23 of 2004 on the elimination of violence in household outlaws violence occurred within domestic sphere or is committed by relatives such as husband. The law acknowledges violence within domestic sphere as a punishable crime. It covers physical, psychological, economic and sexual violence. The law is enacted due to concern on high occurrence of domestic violence and the absence of law specifically addresses the problem. Even though the law can be considered an improvement in gender discourse within Indonesia, there are still many flaws to be put forward, especially from gender perspective. On the other side, the law encounters controversy since some Muslims regard it a violation to Islamic values. This paper analyzes the law from two perspectives; gender and Islam. From gender perspective, this law is a gender-aware policy and therefore can be regarded as a positive development in struggles over women’s rights. Moreover, this law also acknowledges that denying women’s access from economic sources including the right to work outside the house is also violence in term of economic limitatiton. On the other hand, the law is not a gender redistributive policy since it does not deconstruct division of roles between husband and wife. From Islamic perspective, the law actually is actually in accordance to principles and values in Islam. Islam prohibits violence and ensures protection on women’s rights in all aspects; physical, physcological, sexual and economic. To sum up, in spite of certain shortcomings, the law is actually a remarkable achievement in struggles over the improvement of women condition. In addition, with a good understanding on more just interpretation on some related religious texts, Islam actually promotes a peaceful and just relation in a household in particular and between man and women in general.]]>
