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234 Documents
<![CDATA[Preserving Dutch colonial hegemony through incorporated islamic matrimonial system in the Netherlands East Indies ]]>
<![CDATA[Entol Zaenal Muttaqin]]>;
<![CDATA[Ahmad Zaini]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.97-114
<![CDATA[The growth of Islamic matrimonial system in the present Indonesia was originally formulated in the 19th century of the Netherlands colonialism. There are several discourses among Dutch scholars in establishing an applicable law system since there are various legal system existed, and finally the colonial government issued legal dualism in order to preserve their hegemony. Provoked by several scholars the new constitution in 1854 was approved. In that, the Islamic matrimonial system was assimilated into Adat law and therefore the Islamic marriage system was allowed to be practiced in its own way. This Islamic matrimonial system was formed as a law under Dutch controls. Accordingly, the paper discusses Dutch hegemony system through applicable Islamic matrimony, and the development of this marriage as the formation of preserving hegemony. This paper arguably investigates Dutch hegemony system through applicable of Islamic matrimony. The analysis is guided by following questions: first, what are the reasons behind the implementation of indigenous legal institution such as Islamic marriage in preserving hegemony? Second, to what extent does the Islamic matrimony persisted within the applicable policy? The methodology is critical analysis of legal history contents, the data mainly taken from legal manuscripts which is a comprehensive view of law from a particular critical vantage point: a way of doing law, perhaps doing things with law. This paper argued that Dutch Hegemony system is poles apart from many colonialism regimes, the incorporated of indigenous legal system has become a method to subjugate indigenous power. Therefore, Islamic Matrimony developed into ways according to colonial’s interest]]>
<![CDATA[Waqf fundraising strategy for islamic boarding’s independence ]]>
<![CDATA[Mohammad Noviani Ardi]]>;
<![CDATA[Dina Yustisi Yurista]]>;
<![CDATA[Suci Ramadhan]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.1-22
<![CDATA[The purpose of this paper is to find out the fundraising of waqf fund strategy conducted by Tazakka, Modern Boarding School, also to know how effective the implementation of these strategies in realizing the independence of this boarding school. This research uses quantitative research with descriptive approach that relies on primary data sourced from interviews. This paper interpreted the management of waqf funds in Tazakka Boarding School which consist the procedures of waqf association and effectiveness of waqf fund management to realize the independence of boarding school. Moreover, these findings reveal that the effective mechanisms involved in raising waqf funds, in turn, lead to the enhancement of the roles and functions of waqf institutions to build modern educational institutions today.]]>
<![CDATA[The polemic of the controversial articles on the Family Resilience bill from the perspective of Islamic law, psychology, and social communication ]]>
<![CDATA[Fahrul Fauzi]]>;
<![CDATA[Amatullah Asma Ashilah]]>;
<![CDATA[Maisaroh Maisaroh]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.115-146
<![CDATA[The aim of this research is to seek further the articles of Indonesian draft bill; Family Resilience, whose planning is still debateable, through islamic law, psychology, and social communication perspective. Those articles are: 1) Regulating feelings (article 24 paragraph (2)), 2) Mandatory of wife to hold household affair (article 25 paragraph (3)), 3) Managing sperm and ovum uses (article 26 paragraph (4)), 4) Separation of parents and children’s room (article 33 paragraph (2)), 5) Obligation to report to sexual preverse (article 86-86), 6) Prohibiting deviant sex activities (article 85). Researchers use normative juridical approach and qualitative descriptive analysis methods. The results of this research are: 1) Supporting the parliament to maintain the regulation of feeling article due to the importance of family communication as the foundation of family resilience. 2) Against the article of wife's mandatory to handle household affairs per se, because of equality issue. 3) Encouraging parliament on managing the use of sperm and ovum (offspring purity). 4) Promoting on separation of parents and children’s chamber (requirements needed) to anticipate haphazard thing to children (inadequate number of age). 5) Supporting parliament to give a report to sexual deviation activities, due to mental health care. These results of research are desired to to be parliament’s consideration on taking into account their final decision. Primarily, to those articles that are still being debated by the society.]]>
<![CDATA[Waqf fundraising through money in the industrial revolution 4.0 era: A case study on Baitulmaal Munzalan Indonesia ]]>
<![CDATA[Bustami Bustami]]>;
<![CDATA[Rio Laksamana]]>;
<![CDATA[Zuliana Rofiqoh]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.23-40
<![CDATA[Only a few institutions are professionals in managing waqf in West Kalimantan Province. Baitulmaal Munzalan Indonesia Foundation (BMI) is present as one solution for people who want to donate their fund’s waqf through money in the industrial revolution 4.0 era. Having only been established for three years, BIM has managed to raise funds cash waqf of Rp. 2.9 billion. This paper aims to explain the strategies and constraints faced by BMI in collecting endowment funds through money in the digital age. By using the type of field research and data collection techniques through observation, interviews, and Focus Grup Discussion (FGD), there are two research results in this paper. First, the strategies used by BMI in developing cash waqf in the digital age are companies through social media (Facebook pages and Instagram) and tablig. Kampanye through social media is the most dominant strategy used by BMI and has enormous potential. Secondly, the obstacle felt by BMI in managing and developing cash waqf is negative perceptions from the community (external obstacle). Based on the results of this study, the authors argue that marketing through social media not only has positive implications for for-profit institutions but also non-profit institutions such as BMI in collecting and managing cash waqf in Indonesia.]]>
<![CDATA[Cigarette fatwas, contestation of religious authority and politics in Indonesia ]]>
<![CDATA[Saifuddin Zubaidi]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.61-78
<![CDATA[The issuance of non-binding advisory opinions (fatwa) is always followed by the presence of new issues related to the implementation of the fatwa. Similarly, the smoking ruling was issued by the Council of Indonesian Scholars (MUI) at the Conference in Padang Panjang in 2009. More than a decade this subject is still debatable. Although the fatwa in Indonesia does not have the power of binding, for Muslims, the idea of religious morality remains a consideration in daily life. Through a literature study, this study will reveal how the problematic relations between various social agencies regarding the issuance of the cigarette fatwa. Discourse debates in the study of fiqh will begin the explanation of this study, followed by development policies in Indonesia related to the problem of cigarettes, and ended with the position of the ulema as the holder of religious authority in the matter of smoking. This study illustrates that the practice of fatwas will be effective when ulama as religious authority holders, with their "capital", can negotiate and contest with various social agents in the cigarette fatwa arena.]]>
<![CDATA[The developmental policy of halal product guarantee in the paradigm of maqāṣid sharī`ah in Indonesia ]]>
<![CDATA[Agus Waluyo]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.41-60
<![CDATA[The guarantee of halal products that meet the quality, hygiene, health and safety standards has become a primary need for every person to protect religion and soul. This study aims to elaborate government policies related to regulations in supporting the development of halal industry and its barriers to implement halal product guarantee. In addition, this study also tries to reveal halal industrial development strategies. This article is qualitative research using library approach. The research findings show that to guarantee halal product in a systematic and comprehensive way for Indonesian society, the government has issued JPH Law which contains maqāṣid sharī`ah values. Besides, it is found difficulties in the process of obtaining halal certification faced by the producers. This study implies that it still needs rules from the government to support the implementation of JPH Law so that it can encourage the development of halal industry, which finally can establish Indonesia as the epicentre of the world sharia economy.]]>
<![CDATA[The influence of sunni islamic values on rehabilitation as judicial decision for minor drug users in Indonesian court ]]>
<![CDATA[Cecep Mustafa]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i1.79-96
<![CDATA[This article illustrates how recent research uses qualitative semi- structured interviews to understand judicial perceptions when convicting minor drug offenders. To develop an understanding of what the judges were trying to achieve when convicting drug offenders, I interviewed 31 judges. This article contributes to the sociol-legal understanding of the context in which problem- solving and justice influenced by Islamic religious values work in harmony. Indonesian judges use Islamic values to support rehabilitation. This supportive approach opens the door to the influence of Sunni Islamic values as one of the legitimating values when deciding.]]>
<![CDATA[Dilema aplikasi akad berbasis sosial dan bisnis dalam industri asuransi syariah di Indonesia: antara fatwa dan fakta ]]>
<![CDATA[Nafis Irkhami]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v17i2.261-283
<![CDATA[This article examines the legal issues on sharia insurance industries in Indonesia. The focus is on the application of the dual contract. It is the combination of the tabarru’ (voluntary) and tijārah (business) bonds. This qualitative study used secondary data. It will be approached with taxonomic technique. It is used to figure out the legal problems. Theoretically, the contract scheme should separate the management of both contracts. In this case, the main contract is the tabarru’, while the second is an additional. However, the takāful industries in Indonesia are more focused on the additional contract rather than the main. Based on research, Islamic insurances in Indonesia did not separate the tabarru’ and tijārah fund managements. It means that they mixed the returns obtained from both sectors. This shows that the dualism of tabarru’ and tijārah contracts in sharia insurance in Indonesia is not in line with the fatwas of The National Sharia Council-The Indonesian Ulama Council (DSN-MUI) on Islamic insurance. However, this article also found that there are some guidelines of DSN-MUI which are ambiguous. This article offers an alternative scheme of both contracts from the perspective of fiqh al-mu’āmalah (Islamic economic law). The contract that can be applied by the takaful as tabarru’ is a fee-based (ujrah). While the most logical contract for the rest is a profit and loss sharing-based investment contracts. ]]>
<![CDATA[Developing BMT as a loss-profit sharing-based microfinance: an Indonesian experience ]]>
<![CDATA[Husni Mubarrak]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 18, No 2 (2018) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v18i2.137-152
<![CDATA[This article would like to discuss an Indonesian experience in developing Baitul Mal wat Tamwil (BMT) since 1990’s as an alternative microfinance which based on loss and profit sharing schema that realized a more just economic system. This research is conducted by both bibliographical overviews and empirical investigations. This paper would like to elaborate more on how BMT developed and maintained its capacity and efforts, in providing a more just alternative model instead of interest system which had shown negative spread and pseudo economic growth. This, however, requires emphasizing the main differences between both systems (sharing and interest). It also discusses on how BMT upgraded competitively various attractive products which based on loss and profit sharing. The establishment of BMT in Indonesia could not be separated from the emergence of “creative minority” and “enlightened group” in some campuses in Indonesia to build BMT since 1984, which later followed and developed by Indonesian Muslim Intellectual Association (Ikatan Cendekiawan Muslim Indonesia/ ICMI) since 1991. The research findings showed that the schema which is used by BMT on loss and profit sharing is a real practical effort which then has successfully developed, massively contributed and largely triggered Indonesian economic in the real sector, especially for the small and medium economic scale enterprises (SMES) in order to poverty alleviation. It also reflected as an experiment of early steps in recognizing Islamic economy in Indonesia. BMT also still could survive, even when a huge economic crisis struck Indonesia particularly and South East Asia generally in 1997.]]>
<![CDATA[Analisis maslahah dalam millennium development goals ]]>
<![CDATA[N. Oneng Nurul Bariyah]]>;
<![CDATA[Siti Rohmah]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v13i2.141-162
<![CDATA[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.]]>
