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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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Poligami menurut Nasr Hamid Abu Zayd: studi atas pengaruh pemikiran tafsir terhadap penetapan hukum Cucu Surahman
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.v17i2.155-174

Abstract

This article examines Nasr Abu Zayd’s (d. 2010) thought of tafsir and takes a close look at its implementation when he interprets “polygamy verses”. With library research method and content analysis, I conclude that Abu Zayd uses thematic method of interpretation, by using contextual analysis approach. This method is similar to Fazlur Rahman’s Double Movement method. Abu Zayd’s contextual interpretation theory (al-qira’ah al-siyaqiyyah) operates in the following steps; first, turn to the meaning (ma’na) of the text in its historical and cultural context (tarikhiyyat al-dalalah); and second, implement its significance (maghza) in contemporary context. Based on his contextual analysis (al-qira’ah al-siyaqiyyah) to polygamy verses, Abu Zayd concludes that polygamy is not the final purpose Islamic teaching (shari’ah al-Islamiyah). Polygamy is a temporal decision which is related to the very tight prerequisites. According to him, the significance (maghza) of the Qur’an text talking about polygamy is however justice and equality. Otherwise, Abu Zayd says that the implicit (maskut ‘anhu) final purpose of the revelation of “polygamy related-verses” are monogamy.
Globalisasi dan krisis ekologi: upaya konservasi dalam perspektif fikih lingkungan Mudhofir Abdullah
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.v10i2.157-173

Abstract

Environmental crisis has been recognized as a global phenomenon and has come at a level that veryendangers human life on earth. Environmental crisis is not a matter of a nation, race, religion, or group.It has been a common problem and requires global cooperation to overcome barriers regardless ofreligion and race. Within this framework, every religion and traditions required to contribute in jointactions to overcome the environmental crisis. This is so, because the efforts of political and secular laware considered no longer sufficient to resolve the tragedies of today’s ecological problem on earth.Therefore, this paper will explore the perspective of Environmental Fikih in the context of a globalmovement in overcome the environmental crisis.
Al-faskh al-qada'iy wa atsaruhu fi istimrar al-uqud: dirasah tahliliyah min khilal al-qanun al-madani al-urduni (Judicial annulment and its effects on the continuation of contracts: An analytical study through the jordanian civil law) Hijrian A. Prihantoro
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.v18i2.251-264

Abstract

The purpose of this research is to investigate the issue of the continuation of the contract after judicial annulment through an analytical study within the Jordanian civil law. The contract contains a force binding on its sides by its respect. The contract also, for both parties, within the framework of the organization of relations governed by the law, can not be vetoed by one of the amendments, unless the agreement or the law so authorized. This basic principle in the theory of contract, which is called binding force, or the basis of the contract of the law of the deceased, according to this rule is that no one of the contracting parties can revoke the contract or modify its provisions individually, unless the law permits it or there is agreement between it And between the other. However, there are cases in which the law allows a contractor to reach a contract revocation despite the other party's right to contract in the binding contracts of the two sides to request the judge to award the contract if the other party fails to fulfill its obligation, with the discretion of the judge in this case. These cases are exceptions to the rule of contract of the law of contracting, which is the subject of our research.
Penolakan Fazlur Rahman terhadap hadis teknis pada hukum keperdataan Abdul Fatah Idris
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.v13i2.179-197

Abstract

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.
Kontekstualisasi hukum murtad dalam perspektif sejarah sosial hadis Ja'Far Assagaf
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.v14i1.21-39

Abstract

Apostasy is a conversion of the original Muslim, abandoning the faith and following other religionthan Islam. In Islamic law, the perpetrator of apostasy will receive punishment of execution accordingto the jurists’ consensus. The consensus is understood from some hadiths containing the command toexecute the apostates and the fact of execution of apostates in the prophetic period of Muhammad saw.This article analyzes hadiths about the problematics of apostasy from the used terms, the background,and the contexts of the existance of command to execute apostates. The hadiths about apostasy wereanalyzed through socio-historical view of hadiths by the theory of compromise towards the seeminglycontradictive hadiths. The result of analysis shows that the background of execution of apostatestended to the war situation in that period and the social crimes committed by the apostates, indicated bythe existance of fact that the apostates committing religious crime, changing verses of al-Quran, receivedamnesty and were not executed. At present time, execution of apostates is a lively issue of debate. Theresult of analysis can provide other alternatives since apostate execution is not the only right way and itcannot be applied in any countries.
Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib Eficandra Eficandra
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.v12i1.21-41

Abstract

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.
Mengukur Kuasa Fikih dan Teologi Atas Pemikiran: Studi Kasus Fatwa Pengharaman Liberalism, Sekularisme, dan Pluralisme Agus Ahmad Sua’idi
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.v10i1.17-33

Abstract

Islamic law (fiqh) can penalize every actual deviance done by people in is sovereignty. The deviance in this case is a concept about the action that breaks existing laws accepted widely by a Muslim community. But Islamic law can do that only if the certain action evenly influents to others. Thinking is cerebral and mental doings not practice and sometime it cannot be stopped as long as the fascinating answer and not yet been gained. But undoubtedly, a though as fruit of thinking especially of well-know individuals, has bigger, wider, and more influence to others than an action has. If the impact is considered as bad due to public or religious authority, the thought and its thinker occasionally will be punished in many ways, Is it proper when a certain authority monitors, examines, and judges the thoughts spreading and if necessary punishes the thinkers when deemed ‘’dangerous’’? Should such thought be classified haram or heretic? How much power does Islamic law truly has? These are many questions need to be responded that we know our right to free thinking and understand when we ought to restrict it.
Otoritas hadis sirah sebagai referensi yuridis-dogmatis dalam Islam Dzikri Nirwana
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.v15i2.219-235

Abstract

Muslims researchers make separation between legal traditions (ah}adith al-ah}kam) documented in theliterature traditions; and historical traditions (ah}ad ith al-sira) are summarized in the literature of classicalIslamic historiography. But it turns out in a number of Sirah literature, there are some traditions ofAhk} am found. In contras, in the h}adith literatures, there are also found historical tradition. From here,it can be stated that the tradition has three dimensions at once; historical dimension, categorized ashadith Sirah; juridical dimension, identified as hadith Ahk} am; and historical and juridical dimension aswell. For this latter form, the hadith can be flexible and conditional, in the sense that when it is containedin the literature historiography, categorized as h}adith Sirah, and vice versa, as contained in the Hadithliterature in the form of juridical -dogmatic,- it is categorized as a hadith al-Ah}kam. Therefore, thehadith sira patterned in two functions; justification prophetic treatise (dala’ il Nabawiyya); and juridical -dogmatic arguments (dala’il diniyyah). These two functions are the implications of the concept ofimitation of the Prophet as an integral whole, because its realization as a model of humanity , philosophicallycould not limited by space and time. Life events and behaviors Nabawiyya being operatedfrom childhood until the prophetic, always maintained from disobedience (‘ismah) , in addition to alsoendowed a number of advantages , as a sign that he is a ‘candidate’ prophets and apostles (irhas)
Perlindungan hukum terhadap harta benda wakaf sebagai aset publik di kecamatan Wiradesa kabupaten Pekalongan Achmad Irwan Hamzani; Mukhidin Mukhidin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 2 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i2.159-177

Abstract

The treasure of the waqf is a public asset that should be protected by law. Waqf is a legal act that itsimplementation must be in accordance with statutory procedures. Mandatory legal act waqf deed pledgespoured in endowments. But in practice there is still a committed implementation of the waqf notaccording to legal procedures. Implementation of the waqf is not stated in the Deed of Pledge Waqf ashappened in the district Wiradesa Pekalongan thus has no legal force. Departing from this fact researchis needed to describe the implementation of endowments in the District Wiradesa and formulate legalsafeguards against waqf property as a public asset in the District Wiradesa. This research is a fieldresearch. The approach is sociological, thus falling within the scope of empirical legal research. Thecollection of data through observation and interviews. Data were analyzed using the model of induction-interpretation. The results showed that the waqf property in District Wiradesa many do not haveauthentic proof recognized by the law. Necessary legal means to protect the property of the waqf ofpotential irregularities.
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.

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