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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 16 Documents
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Search results for , issue "Vol 14, No 1 (2014)" : 16 Documents clear
Peluang baru keberterimaan Barat atas syariah Islam Abdul Aziz Nugraha Pratama
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.139-148

Abstract

Judul :Membumikan Syariah, Pergulatan Mengaktualkan Islam Pengarang:Mohammad Hashim Kamali Penerbit :Noura Books (PT Mizan Publika) Tahun terbit:2013 Tebal :viii + 442
Berbagi suami atas nama Tuhan: pengalaman keseharian perempuan dipoligami di Langsa Muhammad Ansor
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.41-63

Abstract

This article explores how daily experience of the women living in the polygamous family in Langsa, Aceh. The primary argument proposed in this paper is that conflict, in fact, emerges from husband decision to practice polygamy in domestic life despite the belief of some women who accept that Islam countenances the practice of polygamy. The conflict sometimes arises among wives, between husband and the wives or among children of different wives. To prove such argument, the investigation of the daily experience of polygamous family such as the relation among the wives, household financial management, articulation of fairness on both physical and spiritual fulfilment, celebration of religious days (‘Idul Fitri and ‘Idul Adha), as well as upbringing of children was carried out during second semester of 2011. The data was collected through semi-structured interview, observation to the domestic life of the polygamous family, and documentation on divorce suit as a result of practiced polygamy. This study revealed that peaceful family (keluarga sakinah) as often regarded as one of the ultimate goals of marriage would never be attained through such practice.
Dari ‘illah ke maqasid: formula dinamisasi hukum Islam di era kekinian melalui pengembangan konsep maqasid Abad Badruzaman
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.65-80

Abstract

This article has been pushed by the fact that the reading of classical texts does not involve the conciousness that the texts present not in a hollow space, but in a chamber having its own language, culture, values, social institutions and other patterns of social relations. This is a pure library study; all data sources are in the form of written materials related to the topic that has been set. Then these concepts, with the help of modern literature, are developed in line with the present context. Three things formulated in this study are: the concept of ‘illah, maqasid, and the development of maqasid concepts in order to make Islamic law remain dynamic. The content and the range of meaning of each of the five maqasid formulated by al-Syatibi can bedeveloped due to the demands of the present context. Therefore, the development of content and range of meaning is carried out by this paper. The author put a great effort to put a number of Qur’anic verses as the guide and giver of moral messages. Themes such as religious freedom, the maintenance of natural resources from exploitation and extermination, gender equality, nourishing the generations from neglect, oppression and poverty, and must enable the common sense in all things, in the opinion of the author are able to fill all of the content as well as expand the range of concepts of maqasid in the contemporary era.
Kontribusi konsep jarimah zina dalam pembaharuan hukum pidana Indonesia Ishaq Ishaq
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.81-100

Abstract

This study aims to explore the contribution of the concept of adultery jarimah to the renewal of the Indonesian criminal law. The method used is the approach of the legislation. Data are taken from the interpretation of Qur’an, hadith ahkam, fikih jinayah, Draft of Criminal Code and the Criminal Code. This study shows that the definition of adultery and sanctions under Article 284 of the Criminal Code are contrary to Islamic values and indigenous national culture based on Pancasila. Therefore, it needs to be updated to include the Islamic values and indigenous national culture based on Pancasila.
Posisi kitab al-Muwatta dalam sejarah hukum Islam: analisis atas pandangan Yasin Dutton Salamah Noorhidayati
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.101-117

Abstract

This article discusses an academic discourse on the origin of Islamic Law by describing third school between two schools existing in this controversial field. By descriptive and comparative method, this article tries to describe how Yasin Dutton views on the beginning of Islamic Law’s construction, and then how he digs his hypothesis against two dominant schools involved in the discussion of the date of Islamic Law birth. Dutton finds that if the Qur’an is the first written formulation of Islam in general, al-Muwatta of Malik is arguably the first written formulation of the Islam-in-practice’ that becomes Islamic law. This way is missing in the first and second school attention. He considers the methods used by Malik in the Muwatta‘ to derive the judgements of the law from the Qur’an is thus concerned on one level with the finer details of Qur’anic interpretation. However, since any discussion of the Qur’an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions’ and living tradition’), also receives considerable attention. it is impossible, for Dutton, to find that these two main legitimate sources, textual and practical, will be different and in dispute. This third school wanted to fill the gap between these two schools using different object and argument although in someway meet in same conclusion.
Reformasi hukum keluarga di dunia Muslim Ahmad Bunyan Wahib
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 1 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i1.1-19

Abstract

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

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