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Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20882688     EISSN : 27221075     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Qanun merupakan jurnal ilmiah dan media komunikasi antar peminat ilmu syariah dan hukum. Al-Qanun mengundang para peminat dan ahli hukum Islam maupun ilmu hukum untuk menulis hasil penelitian yang berkaitan dengan masalah syariah dan hukum. Tulisan yang dimuat tidak mencerminkan pendapat redaksi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 286 Documents
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Bagian Ahli Waris Non Muslim melalui Wasiat Wajibah Makinuddin Makinuddin
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 2 Des (2008): Al-Qanun Vol. 10, No.2, Desember 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.48 KB) | DOI: 10.15642/alqanun.2008.11.2 Des.462-479

Abstract

It has been a virtually consensus that the ultimate objective of Islamic law is justice and welfare. On top of that, the goal is compassion (rahmah). About this rahmah in Islamic law, this article is a significant case in point. It elaborates how children are denied from their inheritance rights merely because of difference in religion, and whether they are remain denied as long as they do not convert to Islam? This article, which is presented as descriptive and analytical, is not intended to provide legal stratagem to circumvent the seemingly unfair inheritance rule, but  to locate compromises between determinacy of law and justice of law. The two aspects are of importance in Islamic law. It concludes that non-Muslims heirs may become legitimate heirs through the mechanism of “wasiya wajibah” or obligatory bequeath. The conclusion is supported by normative arguments in Islamic law and empirical cases from Indonesian Supreme Court, such as case number 51 K / AG / 1999 that gave ruling that non-Muslims heirs have the same rights with their Muslims heirs using the aforementioned mechanism.
Anak Zina dalam Pandangan Hukum Islam M. Lathoif Ghozali
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 2 Des (2008): Al-Qanun Vol. 10, No.2, Desember 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.436 KB) | DOI: 10.15642/alqanun.2008.11.2 Des.480-499

Abstract

Adultery or fornication is a major sin Islam. Even though the doer is subject to heavy punishment, consented sex without marriage in form of prostitution and sex affairs remain at large. Islamic criminal law warn those who commit this sin with a hundred lashes if the doer is unmarried person, and with stoning to death if he or she is a married person as well as the denial of biological bond between the father and the born child. Nonetheless, even though during the time when the prophet was still alive, adultery was still evident as it is reported from some Prophetic Tradition about the case of Maiz and Ghamidiyya.Nowadays, with the presence of quarters for prostitution in big cities or small town, adultery seems to gain legal status in Indonesia. Such a decision has benefits, but its negative aspects are also several. There are more visits to the prostitution areas, more pregnancy, illegitimate and then deserted children which in turn create new social problems.The statistics from Directorate General for Social Service and Rehabilitation at the Ministry of Social Welfare shows that there are 3.488.309 deserted children, 1.178.824 infants, and 10.322.674 of those potentially to be deserted. Many of those children are resulted from adultery. Admittedly, Islam do not recognize hereditary sin, yet illegitimate children, especially of adultery, have to swallow social stigmatization from the time they are born, in school, in workplace, and in their marriage. This article describes adultery in Islamic law and its punishment. In addition, it also explains family lineage of children resulted from adultery, their guardianship, their inheritance, and their adoption.
Gagasan Mahmud Muhammad Taha tentang Evolusi Syariah M. Zayin Chudlori
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.992 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.1-26

Abstract

This article discusses the thought of Mahmud Muhammad Taha in methodology of istinbat or legal interpretation in ‎Islamic law which emphasizes on the egalitarian values of Islamic law. In his interpretation, he uses the naskh or ‎abrogation method, a method used by pioneering Islamic jurists to find solution for conflicting Qur’anic verses. It is ‎employed by applying the relevant verses revealed latter and postponing the application of other irrelevant verses. ‎However, Mahmud Muhammad Taha convinces that the abrogation method he has proposed is an enabling ‎method for the evolution of Islamic law. It is basically a flexible interpretation of the text that allows movement ‎from one Qur’anic text to another on the basis of relevance. As a result, the application of certain Qur’anic text and ‎abandonment of another is temporary and not conclusive. On other occasion, the abandoned text can be applied ‎whenever it becomes relevant. This study is based on egalitarian values of Islamic law which has been proposed by ‎Taha. He asserts that currently shari’ah or Islamic law is seen as discriminative and incapable of fulfilling the true ‎mission of Islam which is just, prosperous welfare and compassionate
Pemikiran Fikih Muhammad ibn Isma’il Al-Bukhary Muh. Fathoni Hasyim
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.074 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.27-43

Abstract

The discourse of Islamic legal thought has unfolded and been established since the emergence of so-called the ‎eponyms of Islamic school of law. However, Mujtahids which have expertise in hadith or Prophetic Tradition are ‎rarely studied. Al-Bukhary who is an expert of Prophetic Tradition is one of those jurists. His name is unquestioned ‎whenever people talk about hadith. His expertise in hadith has led him to deal with many legal issues and finally ‎gave him expertise in Islamic jurisprudence. This second expertise of al-Bukhary is not well known to many ‎Muslims although his expertise in Islamic jurisprudence had reached the highest level; the level of mujtahid mutlaq ‎‎(absolute legal interpreter) or mujtahid mustaqill (ilk;ndependent legal interpreter). It enables him to independently ‎deduce law since he is not bound to any school of law. Some of Al-Bukhary’s legal opinions are often contradictory ‎to the majority of Islamic jurists. Two examples of his opinions is cited in this article; major bath is not obligatory if ‎sexual intercourse is not concluded with inzal (ejaculation); and that thigh is not part of ‘aurah (privy part).‎
Dialektika Modernis dan Tradisionalis ‎ Pemikiran Hukum Islam Di Indonesia ‎(Pemikiran Hukum Islam KH. Ahmad Sanusi 1888-1950)‎ Yayan Suryana
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (521.759 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.44-71

Abstract

This article presents an analysis on the construction of thought of K.H Ahmad Sanusi, a Islamic cleric originated from Sukabumi, East Java. He was highly involved in the intellectual contestation between traditionalist Muslims and their modernist counterpart. In some of his opinions about Islamic law, Sanusi positioned himself in the middle of the two opposing camps. In some occasions he leaned towards traditionalists as occasionally he with modernists Muslims launched critiques towards the traditionalists.Such ambiguous position aroused question as to the true stance of Sanusi within the debates and movements within modernist-traditionalist Muslims in Indonesia. The answer to that puzzle is that Sanusi can be considered as traditionalist-progressive or modernist-culturalist. He embraced Islamic school of law yet proposed renewals in its intellectual framework as well as its actual social programs. He maintained religious practices of the traditionalists, such as tradition of embracing school of law to which the modernists launched their criticisms. At the same moment, he did not limit himself to Shafi’iy school of law, opened his mid to other schools, acknowledged the spirit of ijtihad (legal interpretation), studied and wrote a lot on the Qur’anic exegesis, opened schools with were firstly introduced by the Dutch, and remained accommodative to local tradition and culture.
Menguak Nilai-Nilai Demokrasi dalam Islam Masruhan Masruhan
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.842 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.72-93

Abstract

Democracy is a political concept about which all people discuss nowadays. It has become integral and inseparable part of modern life. All people from many countries proclaim that their countries are democratic. Though, Hamid Enayat has asserted that no form of government can be called democratic with our current understanding without fulfillment of several principles and clear stipulation in its constitution. A couple essential principles is acknowledgment of human rights, rule of law, equality before the law of all citizens regardless of their tribes, races, and ethnic groups,  likelihood of state decisions with the popular consent, and high level tolerance    towards unconventional and unorthodox views.On the other hand, some modern writers have proclaimed that the concept of political Islam is democratic. This article discovers democratic values available in Islamic teaching. Is it true that Islamic teaching contains those values? Are there fundamental differences between modern democratic values with those in Islamic teaching and those practiced throughout Islamic history? Such questions should be put forward to avoid misunderstanding and clash between Islam and democracy. It is that basis that this article wishes to observe the concept of political Islam from the perspective of principles on which unit of socio-political is founded and at the same time locate merging points between the application of Islamic shura principles and the main aim of a democratic government.
Sistem Politik dan Pemerintahan Islam dalam Perspektif ‎Abu Al-A’la Al-Maududy Idri Idri
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (433.052 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.94-111

Abstract

This article studies political and governmental concept in the perspective of Abu al-A’la al-Maududy, a Muslim intellectual from Pakistan. In the area of Islamic political thought, he has a distinct thought which he formulates in a theory he names teo-democracy. It is a synthesis of teocracy which sgnifies divine aspect and democrcy which denotes human affairs. Abu al-A’la al-Maududy along with Rashid Rida, is a thinker who desires a universal Islamic state , as it happened in the glorious past known by the name of khilafah (Islamic world state) and not nation state as it  happens nowadays worldwide. I the application of trias politica, the nuance of teocracy is more dominant that democratic aspect. It is so because  the bodies of legislative, executive as well as judicative should remain in the framework guidelined by God the Almihghty, the ultimate ruler.
Kontribusi Hukum Islam dalam Mewujudkan Good ‎Governance di Indonesia M. Hasan Ubaidillah
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.498 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.112-141

Abstract

The article describes the contribution of Islamic law in implementing good governance in indonesia. Good governance is a campaign to achieve prosperous and secure based on rule of law. The law which is just and egalitarian whose priority is to uphold the betterment to all citizens. In Islamic law, the maxim saying that the policies of the government must be intended to uplift people’s prosperity (tasarruf al-ra’iy ‘ala al–ra’iyyah manut bi al-maslahah) is a basis for good governance. The article concludes that contribution of Islamic law in creating good governance in Indonesia is based of the principle of betterment to all citizens. Such a principle is founded upon the enforcement of five basic principles (al-usul al-khamsah) that are ; hifz al-din, hifz al–nafs, hifz al-’aql, hifz al-nasl dan hifz al–mal. These five basic principles are in line with the goals and visions of Indonesian national development of 2020 which have been commanded by the MPR decision No. 8 of 2001. The goals are the creation of Indonesian community that are religious, civilized, unified, democratic, just, prosperous, advanced, self-sufficient with good and clean governance.
Perkembangan Legislasi Hukum Islam di Indonesia Moh Hatta
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.28 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.142-166

Abstract

The inevitability of legislation and codification of Islamic law is at least because of three factors; internal dynamic within Islamic legal theories, the shift from traditional to modern society, and complexity of social relation in the society. Many have written about development of Islamic law in Indonesia, either as general surveys of case studies. While among the most discussed topics is religious court, few has been written about Islamic positive law in Indonesia from pre independence period up to contemporary state. Indeed, there were some writings on Islamic legislation in Indonesia but their nature was merely concise survey which described briefly about the emergence of new trend on development of Islamic law in Indonesia. This article explains the covering scope of Islamic legislation in Indonesia as well as its legal binding within the hierarchy of legal products in Indonesia. This article is a bibliographical research analyzing data and legal documents. In addition, since Islamic legislation occupies new phase connected to another, the historical approach is employed in tracing the actual feature of development of Islamic law in Indonesia. This writing is aimed at discovering the trend of development of Islamic law in Indonesia, especially in post-new order period. So, it will be useful in locating the position of Islamic law in Indonesia as well as in opening new discourses within the area of Islamic law which has been dominated by textual studies in many years
Inklusifitas Hukum Islam ‎(Ayat-ayat Hukum Bisnis dalam al-Qur’an)‎ suqiyah musafa'ah
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.839 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.167-192

Abstract

Islamic law is deduced from the Qur’anic verses and the practices of the prophet Muhammad SAAS, during his period in Mecca as well as in Medina. Laws and rules scattered in the Qur’an is those for all humanity regardless their religious conviction. Thus, when the Prophet was successful in establishing an Islamic state in Media, the Qur’an relentlessly stressed the inclusiveness of its law and regulation to whoever needs it, be he or she a Muslim or otherwise. This inclusiveness is also shown on those verses from Mecca as well as Medina period about commercial transactions and business activities. Those rules and laws are not intended only for Muslims but for whoever parties involve in such activities. Therefore, those rules are open for any party willing to uphold principles of justice, mutual guarantee, and benefit. This inclusiveness of rules and law of business in the Qur’an and their implementation are the main focus of this article.

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