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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 17, No 1 (2017)" : 7 Documents clear
Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer A . Bahruddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.1-18

Abstract

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.
Analisis profesi hakim dalam epistemologi hukum Islam Sakirman Sakirman
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.135-154

Abstract

Ethics is the foundation of a profession which becomes a common concern because of frequent misusesymptoms to the profession. The emergence of the discourse of professional code of ethics for judgesdeparted from the reality of law enforcement officials (especially judges) that ignores the values ofmorality. Although professional actors (judges) already have the code of professional conduct of judgesas moral standards, it has not been a positive impact, especially not able to change the image of societyto face justice for the better. Existing code of ethics is not providing value in favor of the realization ofthe purpose of the law, so it needs to be reviewed or revised to suit the changing situation. One way toenforce the rule of law is to enforce ethics, professionalism, and discipline. The values contained in thecode of professional conduct of judges in an ethical standpoint of Islamic law is very important to bestudied. Professional ethics of judges in principle contain moral values underlying professional personality,namely freedom, fairness and honesty. Professional ethics of judges and law is a unity that isinherently contained ethical values of Islam which is the foundation of understanding the Islamic law,so basically the code of professional conduct of judges in line with the values of the Islamic ethicalsystem. Islamic legal ethics built on four basic values which are the values of truth, justice, free will andresponsibility.
Kebijakan fiskal dan upaya mengatasi disparitas ekonomi perspektif Islam Agus Waluyo
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.19-38

Abstract

The purpose of this research is to overcome economic disparity in the perspective of Islamic fiscal. Theresearch findings showed that the effort to overcome economic disparity was conducted through economydevelopment that must refer to the base of Islamic philosophy, namely tauhid rububiyah, keadilan,khalifah and tazkiyah. The primary Islamic fiscal should focuse more on distribution of economy fairly.Fair distribution of economy will guarantee the justice amid community, and there is no differencebetween the poor and rich people. The principles of justice guarantee primary need to all society. Besides,each of them is able to fulfill their secondary need. In the context of overcoming economic disparity, itcan be done through optimizing the receiving from instrument of Islamic fiscal policy through strengtheningof regulation, modern and syncron management as well as integration between convensionalfiscal and Islamic fiscal policies.
Penukaran tanah wakaf masjid agung Semarang dalam perspektif fikih istibdal Ahmad Furqon
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.39-60

Abstract

Substitution of waqf land is one of nazir (waqf fund manager) efforts to make waqf lands managedmore productive. Semarang Mosque Welfare Council (BKM), as nazir, has made three substitutions ofSemarang Grand Mosque waqf lands. Those three-time substitutions leaved problems causing to poorresults of the waqf lands managed. This study is aimed at finding out the substitution process ofSemarang Grand Mosque waqf lands and the pespective of Istibdal Fiqh on substitutions of SemarangGrand Mosque waqf lands. This study is a case study. The data collection techniques are observation,interview, and documentation. The interview is conducted to parties who know the substitution caseof Semarang Grand Mosque waqf lands. The data collected are analyzed descriptively. The results of thisstudy are: 1) the first substitution of Semarang Grand Mosque waqf lands, made with PT Sambirejo, isnot based on in-depth research especially on land replacement. The party invited to conduct the transaction,Cipto Siswoyo from PT. Sambirejo, his testimony is categorized unacceptable due to fraud. 2) Thesecond substitution of Semarang Grand Mosque waqf lands, which is in the form of money to establishMa’had Aly, is less rocommended by fiqh scholars since the money value tends to decline, and isprone to corrupt and abuse. Moreover, Ma’had Aly has not established yet during the substitutionprocess happened in 2008 to 2016. 3) The third substitution of Semarang Grand Mosque waqf landsemploys substitute money used to purchase substitute lands. This is considered appropriate and theprice of the substitute lands refers to the market price.
Poligami di Indonesia dalam perspektif CEDAW dan mazhab Shafi’i Qurrotul Ainiyah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.61-84

Abstract

Convention on the Elimination of All Forms of Discrimination against Women or CEDAW’s paradigm ofthought is gender equality, women should be given rights as men in principles and rights in marriageincluding marriage approval, marriage dismissal, marriage guardian, and so on. Discrimination is anattitude that opposite of justice and must be eliminated. The source of the CEDAW’s concept paradigmof thought is mind, lustand feeling, and then the concept of CEDAW considered rational andMaslahah (good) enough. The Shafi’i paradigm is guiding the mind and heart based on religious texts.The religious prohibition have Madharat in the world and in the after life. If the world have not seen theMadharat, it will be feltin the after life. The Maslahah principle in CEDAW included al-Maslahah al-Mulghah, as it is contrary enough to the teachings of Islamic law contained in religious texts. In fact, anylaw that is contrary to Islamic law governed by religious texts is not Maslahah but Madharat and shouldbe abandoned even it is logical and good enough by the reason of thought. CEDAW uses Nash’sGuidelines that understand the Qur’an verse by considering Siyaq al-Kalam, so it interprets ‘fair’bythough of mindor in love and affection. Polygamy will no longer mu’asharah bi al-ma’ruf by causing thesuffering of wives. With the Sad al-Dhari’ah consideration, it will change the polygamy law from allowedor mubah to haram lighoirihi. Shafi’i madhhab uses the dalalah ‘ibarah’ which understands the Qur’anverse without considering siyaq al-kalam. The law of Haram li ghairihi on the permissibility of Polygamybased on Sad al-Dhari’ah is not applicable generally, and means that polygamy can not be judged as haramli ghairihi but keep see the conditions with the consideration of the single person condition.
Penerapan nilai toleransi antar budaya dalam pelaksanaan hukum kewarisan Islam pada masyarakat perbatasan di Rao Pasaman Sumatera Barat Nofiardi Nofiardi; Syafwan Rozi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.85-112

Abstract

The Rao community on the border of West Sumatra inhabited by ethnic Minangkabau and ethnicMandailing is a plural society that embraces two kinship systems. The patrilineal, the matrilineal, and theparent. But in the process of their interaction for decades there has been interaction through culturaltolerance in the kinship system. Here the birth of a parental kinship and familial system is the mostdominant character in this multi ethnic Rao region as a new kinship system built in their social interactionprocess for hundreds of years. This system also affects the inheritance division system in theirinteractions. As for the inheritance distribution system, indigenous peoples of the border, especially theRao area, have applied several types of inheritance distribution: First, Rao customary people use the newcustomary law of parental system which combines two customs as the first spear in determininginheritance. Second, they use Islamic law, because the Minangkabau and Mandailing are Moslems, so theyuse Islamic law in the inheritance. Third, they use national law, because if customary law and Islamic lawdo not want to be used then they use national law. These three systems are all intercultural toleranceamid differences in their customary system between Minangkabau adat matrineal system and Mandailingcustom patrineal system.
Isbat nikah terpadu sebagai solusi memperoleh hak identitas hukum Ramdani Wahyu Sururie
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.113-133

Abstract

The integrated marriage isbat is a series of activity which is jointly conducted and coordinated withinparticular time and place between the Religious Court/Court of Law, the Regional Office of CitizenshipService in a city or a district, the sub-district Office of Religious Affairs with its mobile service for givingthe marriage legalization. The integrated marriage isbat is conducted based on the rules of the SupremeCourt, Number 1 in 2015. Even though the legal basis of such integrated marriage isbat is under therules of the Supreme Court, yet the function remains the same that is the regulatory function orregelende functie for the continuity of judicature implementation. The background of the issue of theSupreme Court Rules Number 1 in 2015 is that there are so many numbers of marriages which are notregistered because of the society’s lacking access to the courts. The aim of the integrated marriage isbatis to improve the access toward legal service and to help people, especially those who haves not, inobtaining the rights of marriage certificate, the excerpt of marriage certificate, and the birth certificate assimple, fast, and cheap as possible. Principally, the implementation of the integrated marriage isbat issimilar to the regular one conducted in the court; what make it different are that the place is outside thecourt, free of charge, single judge, and collective vacation. Therefore it can be concluded then that theimplementation of the integrated marriage isbat is to fulfill the rights in obtaining law identity for thosewho haves not as the solution for the law assurance.

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