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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Salatiga
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 18 Documents
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Search results for , issue "Vol 13, No 2 (2013)" : 18 Documents clear
Penolakan Fazlur Rahman terhadap hadis teknis pada hukum keperdataan Abdul Fatah Idris
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.179-197

Abstract

Muhammad SAW is a prophet that will be followed by his members. Therefore all what He said and didand His attitudes become a sunnah. However, after the prophet passed away, His hadith had developedbecause they were a verbal statement of the prophet’s sunnah done by the continuing generations. Untiltoday, there have been some hadith that have different pronunciation and interpretation. Such hadithmight be influenced by real condition of the environment. This discussion was directed towards FazlulRahman’s perception on technical hadith in the civil law. Fazlul Rahman had a notion that technicalhadith was a hadith sourced from Muhammad SAW prophet, however, it was massively made by Hisfriends, either tabi’in or itba’ tabi’n. The method used in this review was historical approach methodand interpretative approaches that was generally used by historical tek-tek researcher, as prophet’s hadith.Or this research used term approach of asbab al-nuzul that was frequently done by salaf clergies. Thesignificance of this research was aimed to know Fazlul Rahman’s conception on technical hadith on civillaw, and to find out his refusal reasons towars them. The research found the result that technical hadithon civil law was hadith produced from creative and dynamic interpretation method toward prophet’ssunnah done by the continuing generation. Therefore, Fazlul Rahman refused the technical hadithbecause they were unhistorical and biographical hadith, and also, they were assumed as unscientifichadith. Furthermore, most of technical hadith contained of different opinion among clergies, so that itshowed the weakness of historical base. So, theoretically, technical hadith could be accepted by us asdiscourse of knowledge, but practically it often raised law controversy in the society.
Gerakan damai ala kelompok-kelompok islamis di dunia Islam Adang Kuswaya
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.291-302

Abstract

Judul buku yang diberikan penerbit Umat Bergerak Mobilisasi Damai Kaum Islamis di Indonesia, Malaysia, dan Turki. Sedangkan judul buku yang diberikan penulis Peaceful Islamist Mobilization in The Muslim World. Sepintas penulis berfikir bahwa judul penulisapenerjemahan ke dalam bahasa  Indonesia tersebut dilakukan supaya lebih memikat perhatiadari pembaca. Untuk itu, penulis memilih judul review untuk buku ini dengan Gerakan damai ala kelompok-kelompok islamis di dunia Islam.
Kontribusi zakat, infak, sadaqah dan wakaf terhadap civil society (studi kasus di Yayasan Solopeduli Surakarta) Muh Zumar Aminuddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.198-218

Abstract

This research aims to describe the contributions of zakat, infak, s}adaqah and wakaf (Islamic philanthropy) toward the civil society movements in Indonesia and the problems surrounding it. This study raised the case of Yayasan Solopeduli Surakarta, an Islamic philanthropy management agencies. This research uses the socilogical approache of law. The primary data sources are administrators and managers, and agency activities organized by the Yayasan Solopeduli Surakarta. Secondary data are relevant papers, brochures and dictionaries. Data were collected by interview and observation and documentation. Data analysis was performed with a fixed ratio (constant comparative method) which includes datareduction, categorization and synthesization, as well as the formulation of an answer. In the analysis process, the data are associated with theories of civil society.The findings of this research show that zakat, infak, s}adaqah and wakaf managed by Yayasan Solopeduli Surakarta contributes to the formation of the pillar of civil society and the enforcement of civil society values. Firsly the charity value as showed by existence of the agency that always builds the care spirit of the haves for the poor, as well asby most its programs that offer free service concept, in the field of education, health, and other public service. Secondly, the independence value, especially from the aid of the government. The impact is, thatthe agency moves freely by itself paradigm. Thirdly juctice value as showed by the most programs that support the poor society. However, actually the agency is far from, but doesn’t recognize the civil society discourse as seen by the west. That is why, it doesn’t go along with the contemporery issue of civil society, such as democracy and gender equality. The interpretation of mustahiq surrounds the classic one.
Mendudukkan status hukum asuransi syariah dalam tinjauan fuqaha kontemporer Muhammad Nadratuzzaman Hosen; Deden Misbahuddin Muayyad
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.219-232

Abstract

Insurance Law in The contemporary Islamic Jurists Reviews. The aim of this article is to explain the insurance points of view of contemporary Islamic jurists. In the classical fiqh literatures, discussion of insurance can not be found except in the book of Rad al Muhtar ‘ala Dar al Mukhtar, this book ispublished by Ibn Abidin Hanafiyah as a Islamic Jurist. The Insurance is allowed by the majority of contemporary jurists, namely, insurance ta’awuni based on tabarru (donation), while insurance tijari is not allowed because it contains elements that are prohibited such as riba and gharar.
Pengaruh motivasi mu’amalat (bekerja dan berproduksi, kebutuhan sekunder, kebutuhan primer) terhadap prestasi kerja yang religius Chablullah Wibisono
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.233-252

Abstract

Observing the development and growth of modern markets that is not comparable to traditionalmarkets and folk market, has described the tendency of secondary needs (psychological) which aredominant, and has been proven by Consumption Patterns Survey Central Bureau of Statistics (1991-2012). The survey shows that spending to meet the secondary needs amounted to 62.56% while for theprimary requirement of 37.44%. The order to meet the secondary needs and primary needs exist in theQur’an, but all of them in order to improve the achievement of the religious (pious charity) is not tosatisfaction solely. Based on a survey of consumption patterns and theories about the need for secondaryand work performance, attractive to the research, is there a need for Secondary Effect on Achievementof the Religious? From the loading factor corfirmatory mu’amallat with second order factor Analysis isas follows: secondary needs loading factor = 1.00 (significant). This figure shows that the needs of mostlarge secondary needs described by the variation of mu’amallat motivation. In other words secondaryrequirement is the most powerful indicator (dominant) of mu’amallat motivation (work and production,needs secondary, needs primary, work performance of religious).
Analisis maslahah dalam millennium development goals N. Oneng Nurul Bariyah; Siti Rohmah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.141-162

Abstract

The analysis of Maslahah in the Millennium Development Goals . This research is a study Maslahah of the Millennium Development Goals (MDGs). The focus of this research is Maslahahof five MDG targets, namely: 1) Reduction of extreme poverty and hunger, Equity in education, 3) Supporting the equation of gender and empowerment of women, 4) Reduce child mortality, 5) Improve maternal health The method of research used qualitative analysis. The data sources of this study is literature, Because this type of research is library research. The results Showed that the millennium goals are maslahah values that have an influence on the maintenance of maqasid al-Shari’ah, namely: to maintain religion, mind, spirit, Ancestry, wealth, lineage. All of this indicates the existence of universal values of Islamic law as rahmatan lil’alamin and suitable for all times and places salih likulli zaman wa makan.
Transaksi valuta asing sarf dalam konsepsi fikih mu’amalah Suryani Suryani
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.253-268

Abstract

Buying and selling foreign currencies (as-Sarf) basically arises because of the need for conversion of one currency to another currency in international trade traffic that will encourage the supply and demand for foreign exchange, which in turn will bring up the sale and purchase of foreign currency in the foreignexchange market. The practice of buying and selling foreign currency according to fiqh mu’amalah is permitted if it is done by an agreement between the two sides and in cash (spot) and it could not be included the addition of a similar item like gold with gold or silver with silver.
Pembaharuan hukum Islam dan problem otentisitas agama Ahmad Khoirul Fata
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.163-178

Abstract

Islam is a universal religion. Its validity beyond the boundaries of pace and time, have challenges while confronted to modernity. New issues emerged make legal problems that must be faced by Islam, in this case fiqh, are becoming increasingly complex and require answers that are not easy. Many attempts were made contemporary muslim intellectual response to the challenge. In general, the effort was focused on two of epistemology: contextual interpretation and emphasis on the principle of maslahah. Practically, both the offer did generate a lot of laws in accordance with the present conditions. But apparently, both contain serious problems if not addressed promptly can undermine the foundations of religion that threatens the authenticity of Islam as a religion of revelation

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