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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 7 Documents
 1 
Search results for , issue "Vol 15, No 2 (2015)" : 7 Documents clear
Otoritas hadis sirah sebagai referensi yuridis-dogmatis dalam Islam Dzikri Nirwana
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.219-235

Abstract

Muslims researchers make separation between legal traditions (ah}adith al-ah}kam) documented in theliterature traditions; and historical traditions (ah}ad ith al-sira) are summarized in the literature of classicalIslamic historiography. But it turns out in a number of Sirah literature, there are some traditions ofAhk} am found. In contras, in the h}adith literatures, there are also found historical tradition. From here,it can be stated that the tradition has three dimensions at once; historical dimension, categorized ashadith Sirah; juridical dimension, identified as hadith Ahk} am; and historical and juridical dimension aswell. For this latter form, the hadith can be flexible and conditional, in the sense that when it is containedin the literature historiography, categorized as h}adith Sirah, and vice versa, as contained in the Hadithliterature in the form of juridical -dogmatic,- it is categorized as a hadith al-Ah}kam. Therefore, thehadith sira patterned in two functions; justification prophetic treatise (dala’ il Nabawiyya); and juridical -dogmatic arguments (dala’il diniyyah). These two functions are the implications of the concept ofimitation of the Prophet as an integral whole, because its realization as a model of humanity , philosophicallycould not limited by space and time. Life events and behaviors Nabawiyya being operatedfrom childhood until the prophetic, always maintained from disobedience (‘ismah) , in addition to alsoendowed a number of advantages , as a sign that he is a ‘candidate’ prophets and apostles (irhas)
Distribusi zakat di Indonesia: antara sentralisasi dan desentralisasi Aden Rosadi; Mohamad Anton Athoillah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.237-256

Abstract

The problem of poverty that be falls in the muslim communities is influenced by the systems used inthe distribution of zakah funds. Each system used has some advantages and disadvantages in accordancewith the priority issues to be resolved. If the priority is to reduce poverty, then decentralization isthe best choice of either of these options. This paper would like to reiterate the importance of decentralizeddistribution of charity funds so that funds raised by an area will be returned to the area and theproblems of poverty faced from which the funds collected will soon be resolved.
Konstruksi filosofis akad-akad ekonomi syariah Ridwan Ridwan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.257-274

Abstract

The problem that frequently appears in Islamic economic contract is the debate on its normative legaland philosophical basis. This article will explain that many contracts in Islamic economic law are basedon the philosophy of law. The philosophy of Islamic economic law is based on triangle concept, i.e.philosophy of God, human being, and nature. It is characterized by God-oriented (rabbani) and humanity-oriented (insani) economy. Its God-oriented character preceives Allah (God) as the center ofhuman awareness in performing economic activities and it reflects in economic behavior considering thenature of human being and promoting the values of goodness, justice, and mutual relationship.
Dinamika mazhab Shafi’i dengan cara Aceh: Studi tentang praktik mazhab di kalangan tokoh agama Zulkarnain Zulkarnain
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.159-176

Abstract

This study of the dynamics of shafi’ite school tried to uncover the diversity of the views regardingcertain problems among the scholars of Shafi’ite school and between particular scholar and the imamShafi’i himself. This focus deal with the dynamics existed in the Shafi’ite books. It should be done in thewise manner, for the dynamics it self was triggered by the certain situation and condition, differentcontexts, space, time, geography, circumstance and the condition of the nature that give birth to thedifferent legal regulation. To understand the dynamics that occurred in those Shafi’ite books easily, wemay borrow the rules of Arabic syntax namely ‘ilm nahw, associated with the rule of istitsna’ whichconsisted of six letters; illa, ‘adaa, siwa, ghairu, khala and hasya. Those six letters have the same functionthat is the exemption, but the usage of each letter in the sentence has different rule in Arabic grammar.The dynamics rise dualism of Islamic jurisprudence in Aceh, in which the sharia court refer to theCompilation of Islamic Jurisprudence, while tengku ( local muslim scholars) in Dayah refer to the turasbook of Shafi’ite school. Slowly, the friction started between the legal decision issued by the sharia courtand the fatwas issued by the tengku of Dayah (local Islamic boarding school), for instance, the issue oftalaq, inheritance and other legal issues.
تنمية المساواة بين الجنسين فى أحكام الأسرة بإندونيسيا: قضية الولي والشاهدين فى النكاح Ahmad Rajafi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.295-315

Abstract

There are so many problems that can be found in Islamic Family Law viewed from modernapproach especially gender equality. Starting from the rule of marriage guardian that controlled bymen, inheritance dominated by men, and also all the provisions concerning the witnesses whichweakens the existence of women. In Indonesia context it, is important to analyze the problem ofguardian and witness of marriage through the maqashid asy-syari’ah and will find the solution wherethe guardian of marriage is the primary element in order to guard of honor and about witness ofmarriage as a secondary element that has the function as the main purpose of marriage. Based onthat classification, it was found that the primary element about the guardian and the secondaryelement about witness of marriage, it led significant difference between the Arab and Indonesiacontext. Therefore, reforms are needed in the Islamic Family Law through the cultural approachso it can be responsive in Indonesia. In the Arab culture is patriarchal (patrilineal) master, while inIndonesia there are multi kinships complex such as patrilineal, matrilineal and bilateral, it impliesthe need reformations that bring the solution accordance with the local wisdom of Indonesia forthe instance the implementation of gender equality openly.
Aplikasi ayat-ayat bisnis dalam al-Qur’an pada pesantren enterpreneur: studi kasus di Pondok Pesantren Sidogiri Pasuruan Moh. Toriquddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.177-198

Abstract

This research discusses the application of Quran verses of business in Sidogiri boarding school, Pasuruan.It is aimed at explaining how verses of business in the Holy Quran are applied in the business ofSidogiri boarding school, Pasuruan. Qualitative research is applied. Data are analyzed through thematicinterpretation. The study shows that the application of verses of business in the Quran is a form ofworship. Professionalism and ethic of business in BMT UGT Sidogiri has already been well practiced asa form of worship which employs legal contract in Islamic law; application of principle of honesty(shiddiq), communicativeness (tablig), trustworthiness (amanah), and professional (fatanah) in runningbusiness as the manifestation of worship in Allah. Professionalism in business can be known from theuse of justice principle; the absence of additional money from customer, the guarantee of keepingcustomer’s privacy, and the modern system of money management which uses e-banking system. Ethicof business is such particular soft rejection towards customers and good service.
Meneropong pelaku kawin misyar di Surabaya dari sudut dramaturgi Erving Goffman Nasiri Nasiri
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 2 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i2.199-218

Abstract

The research is designed qualitatively, focusing on the aspects that become the background (motives) tothe decision of choosing misyarmarriage among career women in Surabaya. Reseach results show: First,the model of misyar marriage is to give a solution to busy women who have no time to think aboutmarriage. In the midst of their busy life, these women can enjoy marriage, because in this marriagehusband and wife do not have to live in the same house. Therefore, the wife can do her normal activitieslike before she is married, so can the husband. Secondly, it can be inferred from the practice of misyarmarrigein Surabaya in the perpective of Dramaturgy theory that the average actors of misyarmarriage are middleto-upper class women, both n terms of education economy. They are smart and active in simultaneouslyplaying two roles. On the one hand, ther are just single women at home, but married womenwhen staying in a hotel or motel. However on the other hand, in a quiet place or in bed, they are marriedwomen, but when they do their activities or even mingle with single women, they will admit to be singleas well.

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