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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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Tinjauan fikih dan astronomis penyatuan matla’: menelusuri pemikiran M.S. Odeh tentang ragam penyatuan matla’ Nashiruddin, Muh
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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The basis of calendar unification or matla constitutes one of the most significant issues relating to the unification effort of Hijra calendar. The popular basis of unification, so far, is based on the union of regional and global matla‘. The division of matla‘ to regional and global mat}la‘ is now no longer accurate because it can not accommodate the Hijra calendar pooling ideas in the Islamic world. This paper discusses one of the leading International astronomy thought, Mohammad Shawkat Odeh on varieties of mat}la‘ unification. He divided the principle of matla unification in to five forms: unification of global mat}la‘ (one matla’ for the whole world); the unity of matla‘ in the regions corresponding visibility of hilal; the unity of mat}la‘ in a similar area of visibility of hilal; the unity of zonal/partial matla‘; and the unity of local matla‘. Odeh’s thought on the various divisions of matla constitutes new thinking on the concept mat}la‘ astronomical calculations. He also has presented more detailed thoughts on the division of mat}la‘ rather than the others.
Menggugah peran hukum humaniter internasional Islam dalam mengurai konflik etnis perspektif sejarah Rosyid, Moh
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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The defamation of minority ethnics and groups by the authority and the majority has been exposed by the media throughout history. This condition is contrary to the Islamic concept of rahmatan lil’alamin. The concept will not be materialized if the expert of humanitarian law does not involve in the formulation of Islamic humanitarian law. This topic is proposed by the author to persuade the expert of Islamic law to be more active in exploring the concept of prosperous life according to Islam. The author does not explore the topic from legal point of view but rather from historical point of view that crime and genocide has colored global life. If this condition is not addressed immediately and appropriately, we should concern that misguidance will be always characterized our life. Persuading humanitarian law expert is a scientist contribution to create a prosperous life and prevent a conflict. International humanitarian law is a part of international law consisting of diplomatic law, maritime law, law of international treaty, and space law. Due to its significance, it necessitates Islam to coloring humanitarian law. Islam may contribute to humanitarian law through the expert of Islamic law. Islam may be used as a frame of humanitarian law because it establishes a world full of compassion without any form of discrimination.
Paradoks universalitas HAM Barat di muka cermin Islam perspektif filsafat hukum dan HAM Abror, Robby Habiba
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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this paper aims at examining the paradox of universality of human rights and trying to bring Western concepts of universality in the context of Islam. Human rights birth of natural philosophy which starts from Newtonian physics, then processed in the philosophy of Locke and Rousseau. So the human rights birth is indeed an effort to combat all forms of oppression by men over other men. Human rights is a concept that start with the state of human nature and hence it is universal. The state of nature in Western philosophy that was later named to the nature of Islam. Violation of human rights is a denial of the concept of universality, so that the West and Islam are required to align rational understanding and cultural particularity of the importance of human rights in the name of justice and humanity. This paper uses philosophy of law and human rights perspective as a method based on the thinking of Western philosophers and to compare with Muslim intellectuals such as Al-Jabiri, Hassan Hanafi and Maududi who had been instrumental in laying a rational approach to human rights in the Islamic theoretical framework. This paper produces an important finding that the concepts of human rights raised by Western philosophers actually been explained clearly in the Quran and hadith, so the universality of Western human rights is no longer a problem for, and can do with scientific interconnectivity, (particularity law) Islam.
Tipologi intelektual Muslim dalam bidang kajian fikih: studi terhadap karya-karya fikih dosen STAIN Bengkulu M, Sirajuddin
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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This study aims to examine the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu in the field of Islamic law (fiqh) and the scientific position of lecturer’s works of STAIN Bengkulu as Muslim intellectuals. This article is using two approaches, namely the conceptual approach and historical approaches, whereas measures of research was conducted by reviewing documentation as primer data and interviewing as sekunder data. The results showed that the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu was consists of three kinds: First, the normative trend of scientific approach and theme in Islamic law. This trend was categorized as “exclusive Muslim intellectualism”. Second, this trend began to expand the discourse of study on fikih, but it was not to integrate with Western scientific approach. This trend was categorized as “inclusive Muslim intellectualism”. Third, this study was more empirical and historical-sociological approach and theme in Islamic law (fikih) so that the discourse was more be able to answer the situation and condition of the people. This trend was categorized as “pluralist Muslim intellectualism”.
Memecahkan kebuntuan teoretik hubungan Islam dan politik Baidhawy, Zakiyuddin
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Judul asli : Islam, Secularism and Liberal Democracy: Toward a Democratic Theory for Muslims Judul terjemah:Islam, Sekularisme, dan Demokrasi Liberal: menuju Teori Demokrasi dalam Masyarakat Muslim Penulis Penerjemah Penerbit Tahun terbit Halaman Pendahuluan : : : : : Nader Hashemi Aan Rukmana dan Shofwan Al Banna Choiruzzad Gramedia Pustaka Utama 2011 xxii + 323
Analisis maslahah dalam millennium development goals Bariyah, N. Oneng Nurul; Rohmah, Siti
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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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.
Pembaharuan hukum Islam dan problem otentisitas agama Fata, Ahmad Khoirul
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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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
Penolakan Fazlur Rahman terhadap hadis teknis pada hukum keperdataan Idris, Abdul Fatah
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Muhammad SAW is a prophet that will be followed by his members. Therefore all what He said and didand His attitudes become a sunnah. However, after the prophet passed away, His hadith had developedbecause they were a verbal statement of the prophet’s sunnah done by the continuing generations. Untiltoday, there have been some hadith that have different pronunciation and interpretation. Such hadithmight be influenced by real condition of the environment. This discussion was directed towards FazlulRahman’s perception on technical hadith in the civil law. Fazlul Rahman had a notion that technicalhadith was a hadith sourced from Muhammad SAW prophet, however, it was massively made by Hisfriends, either tabi’in or itba’ tabi’n. The method used in this review was historical approach methodand interpretative approaches that was generally used by historical tek-tek researcher, as prophet’s hadith.Or this research used term approach of asbab al-nuzul that was frequently done by salaf clergies. Thesignificance of this research was aimed to know Fazlul Rahman’s conception on technical hadith on civillaw, and to find out his refusal reasons towars them. The research found the result that technical hadithon civil law was hadith produced from creative and dynamic interpretation method toward prophet’ssunnah done by the continuing generation. Therefore, Fazlul Rahman refused the technical hadithbecause they were unhistorical and biographical hadith, and also, they were assumed as unscientifichadith. Furthermore, most of technical hadith contained of different opinion among clergies, so that itshowed the weakness of historical base. So, theoretically, technical hadith could be accepted by us asdiscourse of knowledge, but practically it often raised law controversy in the society.
Kontribusi zakat, infak, sadaqah dan wakaf terhadap civil society (studi kasus di Yayasan Solopeduli Surakarta) Aminuddin, Muh Zumar
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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This research aims to describe the contributions of zakat, infak, s}adaqah and wakaf (Islamic philanthropy)toward the civil society movements in Indonesia and the problems surrounding it. This studyraised the case of Yayasan Solopeduli Surakarta, an Islamic philanthropy management agencies. Thisresearch uses the socilogical approache of law. The primary data sources are administrators and managers,and agency activities organized by the Yayasan Solopeduli Surakarta. Secondary data are relevantpapers, brochures and dictionaries. Data were collected by interview and observation and documentation.Data analysis was performed with a fixed ratio (constant comparative method) which includes datareduction, categorization and synthesization, as well as the formulation of an answer. In the analysisprocess, the data are associated with theories of civil society.The findings of this research show thatzakat, infak, s}adaqah and wakaf managed by Yayasan Solopeduli Surakarta contributes to the formationof the pillar of civil society and the enforcement of civil society values. Firsly the charity value asshowed by existence of the agency that always builds the care spirit of the haves for the poor, as well asby most its programs that offer free service concept, in the field of education, health, and other publicservice. Secondly, the independence value, especially from the aid of the government. The impact is, thatthe agency moves freely by itself paradigm. Thirdly juctice value as showed by the most programs thatsupport the poor society. However, actually the agency is far from, but doesn’t recognize the civil societydiscourse as seen by the west. That is why, it doesn’t go along with the contemporery issue of civil society,such as democracy and gender equality. The interpretation of mustahiq surrounds the classic one.
Mendudukkan status hukum asuransi syariah dalam tinjauan fuqaha kontemporer Hosen, Muhammad Nadratuzzaman; Muayyad, Deden Misbahuddin
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Insurance Law in The contemporary Islamic Jurists Reviews. The aim of this article is to explain theinsurance points of view of contemporary Islamic jurists. In the classical fiqh literatures, discussion ofinsurance can not be found except in the book of Rad al Muhtar ‘ala Dar al Mukhtar, this book ispublished by Ibn Abidin Hanafiyah as a Islamic Jurist. The Insurance is allowed by the majority ofcontemporary jurists, namely, insurance ta’awuni based on tabarru (donation), while insurance tijari isnot allowed because it contains elements that are prohibited such as riba and gharar.

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