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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 234 Documents
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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.
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.
Care ethics of women as institutionalization of equality and peace building at grassroots level in West Java sumadi sumadi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 18, No 1 (2018)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v18i1.57-80

Abstract

This paper is based on the background that peace is a necessity which should always be maintained. Surveys often show West Java as a province with the highest cases and events of discrimination compared with other regions in Indonesia. However, people of West Java have established many peace building movements at central and grassroots levels. Interestingly, peace building movements are often started by women. Peace building can be an area of gender equality. This study was a qualitative study with in-depth interview and observation. The research result showed that women with care ethics who joined peace building were able to contribute as strong social glue in the field. The care ethics of women in their activities also institutionalized equality.
Pelembagaan norma hukum Islam dalamperaturan daerah di Indonesia M Sirajuddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 11, No 1 (2011)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v11i1.97-109

Abstract

The main problem of this paper is how political policy direction of local government and communityresponse to the institutionalization of norms of Islamic law in Indonesia’s local regulations. This paperuses the theoretical framework of thought which devides three Islamic groups, namely ideologicalIslamic group, moral-ethical Islamic group, and the middle way of Islam. In this paper, the direction ofgovernment policy was oriented towards the third Islamic group’s concept which institutionalizes theShari’a as a rule of formal government, but most of the only aspects of private law only, while theresponse of the majority of the community is oriented in a second Islamic group which requires theinstitutionalization of religious ethical values  which the terms of Shari’ah institutionalized in thenational legal system. Therefore, the results of surveys and responses among Indonesian thinkers moreinquire the existence of the institutionalization of norms of Islamic law than accept it. However, if anyshould be institutionalized, they would prefer the public aspects of Shari’a which should be institution-alized and implemented.
Pendekatan kriminologi dan gender terhadap model kurikulum pembinaan narapidana anak kelas I Blitar Saifullah Saifullah; Abdul Bashith; Mufidah Ch
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 19, No 1 (2019)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v19i1.125-145

Abstract

This study is aimed to elaborate the criminology and gender approaches taken to provide curriculum material contents in forming curriculum models for fostering child detainees in the child prison. Using legal and conceptual approaches, this study elaborates the findings as follows: in the criminology perspective, to provide curriculum material contents in forming curriculum models for fostering child detainees in child prison is by using religious approach, completing facilities and infrastructures, optimizing employee roles, applying formal education in prison, giving treatment and health care, supporting for the creation of social recovery, giving  remission of crimes and assimilated opportunities including a leave to visit family or parole and a leave before being released. Whereas, in the gender perspective, it is by not distinguishing between sexes during the treatment to them. In addition, the final result of the curriculum model formation for fostering child detainees in child prison of LPKA (Child-specific Guidance Institution) in Blitar can be referred to as; the treatment system for correctional students in prison. This system consists of input in the form of an initial stage of 0 to 1/3 course with an administrative orientation pattern; the advanced stage consists of 1/3 to ½ course and ½ to 2/3 course; the final stage is 2/3 to any uncertain course stage with the achievement of correctional goal that is social reintegration: live, life, livelihood.
Perkembangan regulasi perbankan syariah di Indonesia Sofyan Al-Hakim
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i1.15-31

Abstract

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.
Implementasi mediasi dalam sistem peradilan agama Ramdani Wahyu Sururie
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v12i2.145-164

Abstract

This study aimed at describing the background of the birth of the policy on mediation in the Religious of Court and to understand and identify the procedures, barriers and efforts to improve religious court settlement through mediation. The method used is descriptive research method analysis of mediation theory and implementation in the religious court. The study found a number of findings that can give significance to the development of science in the field of procedural law of religious courts, which ishlah theory that can be used as a grand theory to study dispute resolution and mediation triangle theory that can be used as an operational theory (applied theory) in seeing the success of mediation in the judiciary. As for the successful implementation of the policy of mediation can be done with a number of strategies.
Norma agama Nasrani dalam paradigma usul fiqh inklusif Moh Dahlan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 14, No 2 (2014)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v14i2.189-209

Abstract

The purpose of this study is to explore the historical roots of the legal norms (religion) Islam is built by the Prophet Muhammad and also explore the norms of Christianity which became an integral part of the legal sources of usul fiqh inclusive paradigm. The theoretical framework of this study is to use blending approach the horizon (fushion of horizons) in the hermeneutics of Hans George Gadamer and shar’ man qablana theory. The results show that there is continuity of the norms of Christianity in the development discourse of Islamic law/jurisprudence, so that the norms of the Christian religion can be a source of usul fiqh paradigm inclusive. The character of legal norms/Islam which has the accommo- dative properties -in addition to corrective attitude towards ancient religions norms - be a strong indicator continuity. In this continuity, Imam Abu Hanifa, Imam Ahmad Ibn Hanbal, Muhammad Abduh, Rashid Ridla, Nurcholish Madjid and Shihab acknowledge the continuity of Christianity norms in the development of legal discourse such a ban “alcohol”, the command “fasting” and “ do good to others”. In the context of pluralism in Indonesia, usul fiqh iklusif paradigm is necessary to build an inclusive legal discourse-dynamic.   Tujuan kajian ini adalah untuk mendalami akar sejarah norma hukum (agama) Islam yang dibangun oleh Nabi Muhammad Saw.. dan juga mendalami norma agama Nasrani yang menjadi bagian integral dari sumber hukum paradigma usul fikih inklusif. Adapun kerangka teori kajian ini adalah menggunakan pendekatan pembauran cakrawala (fusion of horizons) dalam hermeneutika Hans George Gadamer dan teori shar’ man qablana. Hasil kajian menunjukkan bahwa ada kontinuitas norma-norma agama Nasrani dalam pembangunan wacana hukum Islam/ fiqh, sehingga norma-norma agama Nasrani dapat menjadi sumber dalam paradigma usul fiqh inklusif. Karakter norma hukum/ agama Islam yang memiliki sifat akomodatif –di samping sikap korektif terhadap norma agama-agama terdahulu- menjadi indikator kuat adanya kontinuitas. Dalam hal kontinuitas ini, Imam Abu Hanifah, Imam Ahmad Ibn Hambal, Muhammad Abduh, Rasyid Ridla, Nurcholish Madjid dan Alwi Shihab mengakui adanya kontinuitas norma-norma agama Nasrani dalam pembangunan wacana hukum fikih/agama Islam misalnya larangan “miras”, perintah “puasa” dan “ berbuat baik kepada sesama”. Dalam konteks kemajemukan di Indonesia, paradigma usul fiqh iklusif ini diperlukan dalam membangun wacana hukum fikih yang inklusif- dinamis.
In search of peace: Ahmadi women’s experiences in conflict transformation Nina Mariani Noor; Siti Syamsiyatun; JB. Banawiratma
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 15, No 1 (2015)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v15i1.61-82

Abstract

In the last few years, religious conflicts involving a minority Muslim group, Ahmadiyya, have risendramatically in Indonesia; the most recent being the attack on the Ahmadiyya community in CikeusikBanten, West Java, where three Ahmadis were killed and the sealing of Al Mishbah Mosque by localgovernment of Bekasi West Java. Understanding the context of violent conflict and the ways individualAhmadi women take agency to challenge such oppression is an important first step in creating a moreequitable and peaceful Indonesia. To examine the experience of Ahmadi women exercising their agencyin conflict transformation, this qualitative research was conducted in four areas of Indonesia: Bogor,Kuningan, Yogyakarta and Lombok, by gathering data from the narratives of Ahmadi women whoactively participate in Lajnah Imaillah, an Ahmadiyya’s women’s organization. This research highlightsthree stages of conflict transformation that the women employed: 1) asking for government help; 2)taking physical action to defend their rights; and 3) defining themselves as Indonesian citizens who havethe same rights as others. Through these actions, they show their ability to help others, transformingthe conflict by forming better relationships and understanding with other Indonesian citizens.
Bom bunuh diri dalam fatwa kontemporer Yusuf al-Qaradawi dan relevansinya dengan maqasid al-Shari’ah Busyro Busyro
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.85-103

Abstract

All contemporary fatwas Yusuf al-Qaradawi in his book Min Hadyi al-Islam Fatawa Mu’ashirah was believed by the writer it made succeed maqasid al-shari’ah. When we see the fatwa in the book, some of fatwa indicate contradiction with maqasid al-shari’ah  which is agreed by most of islamic scholars, such as his fatwa about suicide bombing according to this problem, the axamination will ask after; how is law of thinking al-Qaradawi with suicide bombing? And how to aplicate the theory of maqasid al-shari’ah in  al-Qaradawi’s fatwa in suicide bombing? To answer the question, this examination tried to trial to the fatwa al-Qaradawi about it in the book by seeing the connected with theory of maqasid al-shari’ah  which is agreed by most of islamic scholars. For that the theory about maqasid al-shari’ah will be tested comprehensively, particulary to save al-daruriyat al-khams (five of human fundamental needs). The data has been collected and will be analysed qualitatively. The result of this examination made succeed the answer that al-Qaradawi pleases the action of suicide bombing specially for the fighters of Palestine to make fear and terrorist to Israel; and his fatwa opposite with maqasid al-shari’ah which believed the legitimate by most of islamic scholars.

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