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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
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Articles 234 Documents
Zakat Fitrah dan Tradisi Lebaran Idul Fitri Muslim Bugis Bone Sulawesi Selatan A. Sarjan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 1 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i1.53-68

Abstract

Zakat al-fitr (charity given at the end of the fasting in the Islamic holy month Ramadan) is one of the (of Islam) which must be fulfilled by Muslim. Although this commandment has been …
Jihad dinamis: menelusuri konsep dan praktik jihad dalam sejarah Islam Zakiya Darajat
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.v16i1.1-25

Abstract

Being the most misunderstood term, jihad has been misconstrued by orientalists and Muslims alike. The misconception of jihad can be attributed to not only severely substantialist or textualist reading of the Qur’an and Hadith, but also misinterpretation of the history of jihad being in practice during the early generation of Muslims. The comprehensive reading of texts on jihad in the Qur’an and Hadith has to be accompanied by an accurate and objective reading on how jihad was put in practice by the Prophet  Muhammad, the Companions and the Successors, and then how it was practiced during the subsequent periods (medieval, modern and contemporary), particularly in order to know in which context jihad has been regarded as a spiritual, ethical and moral struggle (jihad akbar), and in what kind of context it has been practiced as a physical struggle in a war (jihad asghar). In that way, jihad would not be misunderstood and, on the contrary, be appropriately connected with its contexts. The dynamics of the implementation of jihad has been influenced by different socio-historical factors, such as political realities facing Muslims in different periods. This essay seeks to explore how the practice of jihad has changed over time in Muslim history, from the time of the Prophet to the modern day Indonesiamarked by vibrant Muslim movements.
Legislasi hukum Islam dalam perspektif produk perundang-undangan di Indonesia: integrasi antara maqasid al-shari'ah dengan tujuan legislasi Mudzakir Mudzakir
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.v11i1.21-39

Abstract

The challenge in the implementation of  Islamic laws faced by Indonesian Muslims has not to do with the struggle for recognition by national laws. Instead, it deals with effort to clarify their position among various social groups. It also examines how much Islamic laws contribute values that stimulate development, order, peace and welfare for the nation and country. Historically, qur’anic verses in concerning with legal were revealed mostly after the Messenger migrated to Medina, while Meccan verses are identified as to consolidate the ummah so that they were ready to bear the burden imposed by the Islamic laws (taklif). The regulations reflecting shar laws issued by the local governments and their implementation tend to be euphoric taking the chance given by the reform. They have not reflected different social groups on which the regulations will be imposed. Islamic laws as the basic consideration in formulating the local government regulations seem not to have accommodated religious elements comprehensively, i.e. integrating aqidah, akhlaq and shariah guiding people’s behavior conceptually as well as in practice. Therefore, partial implementation of Islamic shariah will result in pseudo-religiousity, and tend to become a problem for the ummah themselves.
Dekonstruksi paradigmatik pengembangan zakat: analisis kritis pemikiran Yusuf al-Qaradawi Jamal Abdul Aziz
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 2 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i2.191-215

Abstract

The construct of the argument for the development of zakat treasures in the thought of Yusuf al-Qaradawi can be divided into two general and special ones. The general argument is based on the theory of qiyas and maslahah, while the specific argument is based on the theory in the jurisprudence of zakat itself, that is with respect to the criteria of zakat property. From the six criteria he mentioned he then developed one of them is a productive (growing) property. On the basis of these criteria then many new types of treasures that can be covered into zakat property, such as the treasures obtained from company stock, honey, and profession. Of course the new treasures he mentioned just as an example only. In the future it can continue to grow in accordance with the development of Muslim life. The argument for the development of zakat property can be contradicted by three arguments: ambiguity in placing the doctrine of zakat between the teachings of mahdah worship and the teachings of muamalah /'adah (worldliness); tend to separate the study of zakat from the historical context in which the obligations of zakat in the time of the Prophet and the caliph after him are always related to the life of the state / government; and stressing that the zakat is different from the taxes is basically a result of its ambiguity in looking at zakat.
Aspek hukum kontrak dagang via internet (cyberspace transactions) dalam perspektif sistem hukum Islam Wijayanto Setiawan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 10, No 2 (2010)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v10i2.123-155

Abstract

Trade contracts via the internet (cyberspace transactions) or e-commerce or in other terms is a necessity inthe development of cyberspace in the last  ten decades. In terms of the applicable legal aspects, contractstrade via the internet is having a substantial difference with the conventional contract law. From theviewpoint of Islamic Law (fiqh), the implementation of e-commerce business transactions can besamed with al-salam transactions in the way of payment and delivery of commodities which serve as theobject of the transaction. Transactions in e-commerce over the Internet can be aligned with the principlesof the existing transaction in the transaction al-salam, especially relating to the parties involved in thetransaction, the consensus statement and transaction through a transaction object. Based on thesestudies, the commercial transactions over the Internet is allowed as long as meet the principles of thecontract (‘aqad) in Islam, namely: (1) the parties involved in implementing the contract with proves goodand sincerity; (2) the process of conveying statements of the consensus between party is clear and notconflicting with shar’i; and (3) the object of transactions (goods or services) is something that is halal.
Sukuk model determinant as funding strategy of Islamic Bank in Indonesia Muhamad Nafik Hadi Ryandono
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 18, No 2 (2018)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v18i2.153-174

Abstract

The Sukuk issued by Islamic banks in Indonesia has high flexibility and is a unique strategy in funding but in its implementation still faces many determinants that need to be identified. This research uses a qualitative approach and the type of research is exploratory with case study method. The research finds seven determinants of sukuk as an alternative source of fundraising. In fact, these 7 determinants are obstacles to the issuance of sukuk, so that Islamic banks in the issuance of sukuk tend to choose to become Special Purpose Vehicle and or as a selling agent of sukuk. If it is related to a special project, the Islamic bank will develop public fund raising with mudharabah-muqayadah contract. The sukuk model that is suitable and sought by investors in Islamic banks is sukuk based on revenue sharing which is partnership contract. It is since partnership sukuk yield reflects business reality and economic cycle so that it is fair for the owner of fund and fund manager.
Pembaharuan hukum Islam dan problem otentisitas agama Ahmad Khoirul Fata
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v13i2.163-178

Abstract

Islam is a universal religion. Its validity beyond the boundaries of pace and time, have challenges while confronted to modernity. New issues emerged make legal problems that must be faced by Islam, in this case fiqh, are becoming increasingly complex and require answers that are not easy. Many attempts were made contemporary muslim intellectual response to the challenge. In general, the effort was focused on two of epistemology: contextual interpretation and emphasis on the principle of maslahah. Practically, both the offer did generate a lot of laws in accordance with the present conditions. But apparently, both contain serious problems if not addressed promptly can undermine the foundations of religion that threatens the authenticity of Islam as a religion of revelation
Reviewing shariah certificates of DSN MUI (a study on shariah certificate of DSN MUI on Paytren) Muh Nashirudin; Millatus Sa'adah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 19, No 2 (2019)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v19i2.169-183

Abstract

MUI (Majelis Ulama Indonesia/ Indonesian Ulema Council) has issued a fatwa which is related to Multi Level Marketing. This fatwa number 75/VII/ 2009 concerns with Sharia Multistage Direct Selling (PLBS) that requires an MLM company to fulfill twelve regulations  to be categorized as sharia law-conformed and deserve to get a sharia business certificate. However, DSN-MUI has also issued a decree number No. KEP- 03/DSN-MUI/VII/ 2016 on the list of sharia multistage direct selling companies and includes PT Veritra Santosa Internasional (VSI), which has sold Paytren application, as a sharia MLM with a decree number SK: 010.57.01/DSN-MUI/VII/2017. This study will discuss the consistency of DSN-MUI with its fatwa by analyzing the conformity between certficate of halal or sharia issued by DSN-MUI on Paytren and the fatwa of DSN-MUI on PLBS.
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.
Paradigma usul fikih multikultural di Indonesia Moh Dahlan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v12i1.1-19

Abstract

This study aims to examine how the significance of multicultural paradigm of usul fiqh in social and national life which is diversity. Approach to study uses a paradigm shift in Kuhn’s opinion and theoritical framework of this study uses a “static and dynamic multiculturality” in Baidoeri’s opinion. The results of this study indicated that the diversity of life and religion of this nation need paradigms of multicultural opinion to create social and national life which are quiet, peaceful, tolerant as well as mutual respect and cooperation. As the largest Muslim nation, Muslims of Indonesia should have a multicultural paradigm of us}ul fiqh to build a fiqh opinion which is tolerant and accommodating towards differences and diversity of socio-culture, politics and religion, rather than monocultural paradigm of ushul fiqh that aims to formalize the Islamic jurisprudence that is exclusive and discriminatory.