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INDONESIA
JURNAL NIDZAM
Published by Sekolah Tinggi Agama Islam Negeri Jurai Siwo Metro Lampung
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Core Subject : Education,
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Articles 10 Documents
 1 
KONSEP HIJAB DALAM ISLAM Qasthalani, M.
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
Publisher : JURNAL NIZHAM

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Philosophy behind the use of hijab on Women is that women must cover her body to prevent the wrong sights of man toward women, and women should not show her body off to men who are not their muhrim. This rule has been asserted by Qur.an and sunnah as the source of Islamic law. Qur.an in surah al-Ahzab and Al-Nur when stating this rule that is regulating the boundaries relation between men and women does not refer specifically to the word hijab and the word hijab specifically used only when it is referring to the wives of Muhammad.Keywords: Muslim clothing, Mahram, Genitalia
ISLAM DAN MORAL BANGSA As’ad, Mahrus
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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The article is to explain the function of Islam as the concrete gudance and its relationship with the morality of the nation. Through the descriptive-analitical approache, it can be stated that the function of Islam as  the concrete gudance of the nation lies in a complext relationship with the whole cultural elements of the nation in one side and the system of values and norms operating concretely in the societies in other side. How completely this religion provides its moral system as the cutural capital of the nation if it lies in a small portion of the arena of the culture of the nation, it will become a mere formal atribute which will not give a significant influence on the formation of the moral attitude of the nation. The absence of the congruence relationship between the sacreed mission of the religion and the moral life of the society can be understood that the existence of the religion is antropologically not sufficient to become “the police” having ability to control the moral attitude of the societies because of its marginal position  in the configuration of our culture. Hence, it is not fair to blame all of the anomalies of the society on the religion, because there are still many other determinat variables except  the religion, including the government  apparatus’ example. The appearance of the disobedience of some parts of societies  to the social values and norms does not always denote the moral wickedness of the nation. However, it means a social criticism. the disobedience to the social values and norms will jeopardize the social order if it is carried out for the sake of indivial and communal pleausre. The operation of Islamic stipulations in a concrete manner must be supported by all of the institutions existing in the society, including the family, education institution, and the government. Keywords: Culture, operation, morality,  community, discipline.
MAZHAB KAUM SANTRI (Implementasi Mazhab Syafi’i di Pondok Pesantren Roudlotuth Tholibin Seputih Surabaya Lampung Tengah) Aji, Didik Kusno
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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We propose the numerous Madhhab in Islam. One of them is Fiqh Madhhab. Some experts are well-known in Islam, such as: Syafi’i, Hambali, Maliki, and Hanfi. They have various ways to make decision in Islamic laws (Fiqh). Referring to the knowledge, there are the various different ways in worship.  In addition, we know the several of religious organization, such as: NU, Muhammadiyah, LDII, Persis. Specifically, the religious organization have the own characteristics in the terms of worship and the method of determination of the Islamic law. However, the study of religious has different leader to decide or use Islamic law (Fiqh). Moreover, the Syafi’i.Pesantren is the dominant Islamic boarding school, especially in Indonesia. It has developed more than 2 centuries ago. Even thought, the books that are taught at the Islamic boarding school have been taught since the mid 19th century. There are so many books that can still be learned, even thought those are still taught at the Islamic boarding school. We identify the Islamic boarding school as Madhhab Syafi’i can be easily identified. Finally, we consider that Roudlotuth Tholibin is one of the Islamic boarding schools which adopted by the various Islamic boarding school in Java Island. Keywords: Islamic Boarding School (Pesantren), Madhhab, Roudlotuth Tholibin 
IJTIHAD DALAM BENTANG SEJARAH PRAKODIFIKASI USHUL FIQH Jabar, Wahyu Abdul
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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This paper is aimed to know the real description about ijtihad done before the codification of usul fiqh. Theoretically, law product should be establised from theories of usul fiqh, but the reality  there are many law products appear before usul fiqh is exists.The laws of islam which is established from ijtihad is different from what we know recently, especially in applying the study of ushul fiqh, it is happened because it is established in the 2nd century of hijriyah. it means that more 200 years, moslems society established the law product without any books about ushul fiqh. where as, it is a must that ijtihad is established after the study of ushul fiqh is exist.From this study, it is know that the product of law is established from Ijtihad which is done before codification of Islamic law in applying the theories of istinbath written in study of ushul fiqh, although this theory has not been written systematically. Ijtihad which is done by sahabat, tabiin and tabi tabiin based on theories of istinbath which is kept well in their chest. They don’t learn about the study of usul fiqh from reading a book but directly from their teacher. Something they got from the teacher will be memorized and then they apply it when they face a new cases. Keywords: Before Codification, History, Ijtihad, Ushul Fiqh.
POLITIK HUKUM PEMERINTAH KOLONIAL TERHADAP PERADILAN AGAMA Santoso, Dri
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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 Holand kingdom government delegation is Vereenigde oost  indische compagnie (VOC) has been  sent to Nusantara Islands at  XVI century, has goal: The first as trade mission and get result of plantation, the comodity with hight price in europe at the time. The other goal of their mission are to  colonialize new territory as market  of result industry and as resource to develope holand kingdom, beside it there is  hidden mission to spread kristen relegion.To realize of their goal have been arrangged strategy , strategy is used to break people againt. Like stratgy with aply syariah (Islamic Law) in all aspec of  life,  this policy has based on receptio in complexu  theory . this strategy has suxesful l  and has been acept by ellite local Muslim. and than becouse of anxious at Pan Islamisme Movement in Turky will Influence Nusantara Muslim. Holand Kigdom Government change their political law with limitation in many aspec. For example limitation Absholue competension in Relegious court. The policy is based receptie theory of Snauckh Hugronje. So is clear that all of political law of holand colonial or Hindia Belanda at Relegious court  to colling down muslim againts with soft politik or other way. Keywords : Law, Government, Religious courts
PRINSIP DASAR HUKUM ISLAM (Studi Terhadap fleksibilitas dan adabtabilitas hukum Islam) Fatarib, HUsnul
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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The longevity of a legal product is based on the truth of its core teaching, the users and the makers of that law. Islamic law is a product of syariah from Allah the human creator. Its core teaching is for the benefit of human being in the world and the after world. The slogan is reflected in the various principles of Islamic law both general principles and specific principles. These principles include the principle of tawhid, Justice, amar ma.ruf nahi mungkar, freedom, equality, and the ta.awun principles. Those principles exceed the principles from other law so that the existance of Islamic law should be defended for it is suitable with the modern life enthusiasm. If there is any who states that the syariah law is old-fashioned or syariah law can.t lead human to the happiness in life, the person ought to comprehend the principles of Islamic law so that he would acknowledge it. In this paper I shall briefly discuss how and what are the principles of Islamic law.Keywords: Principle, Islamic law, Perpetuity
IMPLEMENTASI TANQIH AL-MANATH DALAM PENERAPAN HUKUM Meirison, Meirison
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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Abstract

Praise be to Allah, the Lord of many good and blessed as our Lord loves and which pleases him, praise report to grace, and rewards the more tender, and peace and blessings be upon the Prophet and Apostle Selected by The God and his family and peace much. After:The science of jurisprudence of science mission that indispensable research in the science of law, as the jurisprudence may draw general rules to extract sentences from the detailed manuals/ الأدلة التفصيلية (al-Quran, al-Hadits), and absorbed important controls for weighting of evidence when they conflict, by those rules and disciplines can jurist extract sentences with ease and fluency and accuracy. As for jurisprudence this high standing and high status; it has its ancient Muslim scholars and newly collected discussing it, and accountability, and explained its features, we have facilitated this dificulty, and facilitated the consideration and understanding. This is knowledge of the differences in the jurisprudence of most detective, and most useful, to part ways with revised measurement areas, in terms of the measurement carried out perhaps the University branch, and this other than revising the areas, it is without these four pillars that cultivating illat and revise delete no entry for him in the Illat (العلية).That revision and course areas sounding and partitions in hand, the revision of the areas stated, this illat other than sounding Division, relates to the ills generated. To revise the impairments listed areas where the illat listed with descriptions of other, unrelated to the Illiyah (علية/illat), either تخريح المناط is to extract the illat that no text at all, and this other than achieving regions it regards illat referred to in text or consensus by verifying its presence in section.So it would be easy to apply the law against problems occurred in the midst of us. how much does the opinion of scholars has been presented in various issues regarding this. tanqih al-manat. Keywords : Tanqih Al-Manath, Islamic Law, Ijtihad.
PERBEDAAN METODE IJTIHAD NAHDLATUL ULAMA DAN MUHAMMADIYAH DALAM CORAK FIKIH DI INDONESIA Ansori, Isa
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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There were different orientation in the background and methods of ijthad between Bahtsul Masail Nahdlatul Ulama (NU) and Majelis Tarjih Muhammadiyah (The Muhammadiyah Legal Affairs Committee). The ijtihad orientation of Bahtsul Masail emphasizes on cultural approach to maintain the previous values that have been good, and take the new values better. This approach accepts local culture and wisdom as part of the past products that has no conflict with al-Qur’an and al-Hadith, or by changing the content of culture and local wisdom with Quranic and Sunnah content. This approach is different from the ijtihad orientation model developed by Majelis Tarjih Muhammadiyah called "tajdid". With this approach, Majelis Tarjih Muhammadiyah attempts to recover and purify Islam according to its original teachings. With its popular jargon "Back to the Quran and al-Sunnah" seeks to purify Islam from contamination of Takhayyul, Bid’ad (Heresy) and Churafat (TBC).The differences on ijtihad orientation between Bahtsul Masail NU and Majelis Tarjih Muhammadiyah had an impact on the difference of ijtihad methods used. The ijtihad method of Bahtsul Masail more conservative and walk to the progressive-moderate atmosphere by trying to adjust the changing of socio-cultural of community, through the use of ijtihad method Qouly, Ilhaqy, Taqriry, and Manhajy. While the ijtihad method used by Majelis Tarjih Muhammadiyah moves towards Progressive-Dynamic atmosphere by using contemporary ijtihad method like Bayani, talili, and istishlahi with an interpretation approach At-tafsir al-ijtimai al-muasir (hermeneutic), at-Tarikhiyah (historical), as-Susiulujiyyah (sociological) and; al-antrubulujiyyah (anthropological) and using ijtihad techniques Ijma, Qiyas, Masalih mursalah, and Urf. Keywords: methods of ijthad, Bahtsul Masail, Majelis Tarjih
IMPLEMENTASI TANQIH AL-MANATH DALAM PENERAPAN HUKUM Meirison, Meirison
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
Publisher : JURNAL NIZHAM

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Abstract

Praise be to Allah, the Lord of many good and blessed as our Lord loves and which pleases him, praise report to grace, and rewards the more tender, and peace and blessings be upon the Prophet and Apostle Selected by The God and his family and peace much. After:The science of jurisprudence of science mission that indispensable research in the science of law, as the jurisprudence may draw general rules to extract sentences from the detailed manuals/ الأدلة التفصيلية (al-Quran, al-Hadits), and absorbed important controls for weighting of evidence when they conflict, by those rules and disciplines can jurist extract sentences with ease and fluency and accuracy. As for jurisprudence this high standing and high status; it has its ancient Muslim scholars and newly collected discussing it, and accountability, and explained its features, we have facilitated this dificulty, and facilitated the consideration and understanding. This is knowledge of the differences in the jurisprudence of most detective, and most useful, to part ways with revised measurement areas, in terms of the measurement carried out perhaps the University branch, and this other than revising the areas, it is without these four pillars that cultivating illat and revise delete no entry for him in the Illat (العلية).That revision and course areas sounding and partitions in hand, the revision of the areas stated, this illat other than sounding Division, relates to the ills generated. To revise the impairments listed areas where the illat listed with descriptions of other, unrelated to the Illiyah (علية/illat), either تخريح المناط is to extract the illat that no text at all, and this other than achieving regions it regards illat referred to in text or consensus by verifying its presence in section.So it would be easy to apply the law against problems occurred in the midst of us. how much does the opinion of scholars has been presented in various issues regarding this. tanqih al-manat. Keywords : Tanqih Al-Manath, Islamic Law, Ijtihad.
KEMATANGAN FISIK DAN MENTAL DALAM PERKAWINAN (PERSPEKTIF HUKUM ISLAM) Kurniawan, Muhammad Agus
JURNAL NIZHAM Vol 3, No 1 (2014): Jurnal Nizham
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To create the feel secure in the marriage, the adult candidate is needed, physically and mentally. However, the preachers have different views about the meaning of manhood. Islamic law indicates that couples getting married have to mature physically and mentally. Thus, under the laws of our government is 1/1974, Article 7, paragraph (1), it is said that marriage is allowed only if the groom was 19 and the bride was 16.In Islam, marriage position has an important role in the survival of a family. Besides in a hadith history explained, marriage is one way for someone to reach heaven. In Indonesia, the law of marriage is also arranged. Starting from the terms of the age, the condition of validity to be a guardian. If one of the pillars is not completed, then in the view of Islam held to be invalid or void. Keywords : Marriage, husband, wife

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