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<![CDATA[Dinamika fatwa produk keuangan syariah ]]>
<![CDATA[Mubarok, Jaih]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Fatwa (opinion of jurist/mufti) is developed by mufti/ulama as an instrument of Islamic law as well as guidance for ummah. Fatwa is considered as an actual instrument of Islamic jurisprudence because of certain reasons: a) qaul ulama (juristâs opinion) as another source of Islamic law beside Quran and hadits; b) there is one single authority of fatwa institution in Indonesia; and c) it is a Muftiâs response towards real social problems in the society. In fact, some fatwas of National Sharia Board are in harmonize with National Acts (i.e. Act of Central Bank).]]>
<![CDATA[Perkembangan regulasi perbankan syariah di Indonesia ]]>
<![CDATA[Al-Hakim, Sofyan]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Not only Islamic financial institutions rate impressively, but also Islamic banking. Statistics released by Bank Indonesia prove the premise. At the same time, supporting the legality of Islamic banking operations became more solid. Although at the beginning of its establishment faced legal problems, but since the enactment the Islamic Banking No. 21 of 2008 has been issued, the problem is resolved. Authority that important in the dynamics of Islamic banking regulation is the National Sharia BoardCouncil of Ulama Indonesia (DSN-MUI). The council became the source of authoritative institutions in guarding the observance of the Islamic banking industry to comply with the rules of sharia. All Islamic banking products must be controlled under sharia compliance by the DSN-MUI. Then, the fatwa is absorbed by Bank Indonesia and Bank Indonesia Regulation (Peraturan Bank Indonesia) is set to be. In this context, the national banking regulator has a significant association with DSN-MUI fatwa.]]>
<![CDATA[Penjualan on-line berbasis media sosial dalam perspektif ekonomi Islam ]]>
<![CDATA[Al-Arif, M. Nur Riyanto]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Contemporary transactions along with the development of existing technologies have given rise to other forms of trading i.e. on-line trading. This paper aims to look at how the Islamic economic perspectives associated with on-line trading. The method used in this paper was library research. On-line trading had fulfilled the shariah principle, i.e. al-aqid, s}i>ghah, al-maâqu>d alaih and the goal of the transaction. The transaction models that can be adopt in trading on line are bayâ al-mura>bah}ah and bayâ al-sala>m. Trading online had several advantage for buyer and seller, but trading on-line also had several problems. So, we must to had a strategy to minimize the various problems that may arise.]]>
<![CDATA[Pandangan ulama Garut tentang wakaf uang dan wakaf muâaqqat ]]>
<![CDATA[Hermawan, Wawan]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[This paper raises the issue of the opinion of Garut Islamic scholars (ulama) about cash waqf and limited time (muâaqqat) of waqf, two issues of waqf are considered as the new problems of waqf for the Indonesian muslims as opposed to their view before. The findings of this study are as follows: 1) Garut Islamic scholars agree that the law of cash waqf is permitted becouse that cash waqf does not conlict with essence of waqf; 2) There are differences of opinion among Garut scholars relating the law of limited time of waqf. Some of them said that this waqf allowed becouse it does not conflict with the meaning and the esssence of waqf, even charitable opportunites for the community will be greater in the presence of limited waqf. Some other scholars consider that limited time of waqf have violated the essence of waqf to be timeless, forever. However, they still consider that there is virtue of this type of waqf, and still allowed conducted with a note its name is not waqf.]]>
<![CDATA[Nikah di bawah tangan perspektif yuridis dan sosiologis ]]>
<![CDATA[Subarman, Munir]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[The purpose of this paper is to determine the implementation of unregistered marriages and its obstacles in social life. The author uses a qualitative approach with descriptive methode which describes systematically, factual, and accurate information on the facts, properties and relationships among actualized phenomena. Siri marriage is a marriage conducted in accordance with terms and pillars of marriage in Islam, but not with the Registrar of Marriage Officer (VAT). Unregistered marriages is considered legitimate according to religion. Eventhough it causes problems because it is not listed in state law. So it will have difficulty regarding divorce and division of matrimonial property, as well as an impact on the status of children, guardianship status of marriage rights, and inheritance rights.]]>
<![CDATA[Kedudukan lafaz dalam kajian usul dan pengaruhnya terhadap hukuman potong tangan ]]>
<![CDATA[Salma, Salma]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Understanding about punishment of stolen which is commonly heard and understood by the society is amputation of the hand. The punishment is explained clearly in the holy Quran. However, there are different interpretations about the punishment. This paper is elaborated from library research by collecting, deviding and reading many sources which appropriate with the topic and then analize the data in descriptive way. The interpretations are based on different view in usul fiqh. These differences arise from the words qat}â and yad which have more than one meaning. The meaning of the qat}â are not only as an amputation but also as hurt and anticipation. Beside that, the yad means knukles, fingers to wrist even to soldier. As a result, these differences also influence the limitation of the hand which is amputated (qat}â al-yad) in the Quran.]]>
<![CDATA[Mengkaji ulang hukum acara perceraian di pengadilan agama ]]>
<![CDATA[Gofar, Abdullah]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Procedural legal issues of religion in resolving divorce cases still using prosedural of civil law (H.I.R andR.B.Bg). Size of formal mechanistic truths, so the more important aspects of the divorce prosess legalcertainty and axpediancy, however, rule out the maslahat aspect, in accordance with the value of Islamiclaw. The research objective is to examine the application of civil law in the process of divorce in westernreligious courts that have shifted, so the procedural law can not be used to answer problems in areas offamily law. Research methodology using normative judicial approach to secondary data laws and judicialdecisions of religion. Procedural law religious marriage in Islamic can not be measurred by mere formalproof, but there are aspects of the sacred reality can not be measured from a mere formal proof.Enforcement of civil law aspect âmutatis mutandisâ, it did not touch the substantial aspects theâmashlahatâ aspect. Implications of the case, that the rule of law in judicial process likely to lead todesecularization religious law of Islamic, not the desration of Islamic law.]]>
<![CDATA[Al-Maqasid: alternatif pendekatan ijtihad zaman kontemporer ]]>
<![CDATA[Zumrotun, Siti]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Judul : Maqasid al-Shariah: A Beginnerâs GuidePenulis : Jaser AudahPenerjemah : Ali AbdulmonâimPenerbit : Suka PressTahun Terbit : Januari 2013Tebal : Ixvii +137]]>
<![CDATA[Nikah di bawah tangan perspektif yuridis dan sosiologis ]]>
<![CDATA[Munir Subarman]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v13i1.65-83
<![CDATA[The purpose of this paper is to determine the implementation of unregistered marriages and its obstacles in social life. The author uses a qualitative approach with descriptive methode which describes systematically, factual, and accurate information on the facts, properties and relationships among actualized phenomena. Siri marriage is a marriage conducted in accordance with terms and pillars of marriage in Islam, but not with the Registrar of Marriage Officer (VAT). Unregistered marriages is considered legitimate according to religion. Eventhough it causes problems because it is not listed in state law. So it will have difficulty regarding divorce and division of matrimonial property, as well as an impact on the status of children, guardianship status of marriage rights, and inheritance rights.]]>
<![CDATA[Kedudukan lafaz dalam kajian usul dan pengaruhnya terhadap hukuman potong tangan ]]>
<![CDATA[Salma Salma]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v13i1.85-104
<![CDATA[Understanding about punishment of stolen which is commonly heard and understood by the society is amputation of the hand. The punishment is explained clearly in the holy Quran. However, there are different interpretations about the punishment. This paper is elaborated from library research by collecting, deviding and reading many sources which appropriate with the topic and then analize the data in descriptive way. The interpretations are based on different view in usul fiqh. These differences arise from the words qat}‘ and yad which have more than one meaning. The meaning of the qat}‘ are not only as an amputation but also as hurt and anticipation. Beside that, the yad means knukles, fingers to wrist even to soldier. As a result, these differences also influence the limitation of the hand which is amputated (qat}‘ al-yad) in the Quran.]]>
