cover
Contact Name
Waldi Nopriansyah
Contact Email
waldi@stebisigm.ac.id
Phone
+6287735155355
Journal Mail Official
alahkam@walisongo.ac.id
Editorial Address
Faculty of Sharia and Law Jl. Prof. Hamka Kampus III Ngaliyan Semarang Jawa Tengah Indonesia Postalcode: 50185
Location
Kota semarang,
Jawa tengah
INDONESIA
Al-Ahkam
Core Subject : Religion, Social,
Al-AHKAM; is a peer-reviewed journal published by the Faculty of Sharia and Law, Universitas Islam Negeri Walisongo, Semarang in collaboration with the Indonesian Consortium of Shariah Scholars (KSSI). Al-AHKAM focuses on Islamic law with various perspectives. This journal, serving as a forum for studying Islamic law within its local and global context, supports focused studies of a particular theme and interdisciplinary studies. AL-AHKAM has been indexed in DOAJ, Google Scholar, and the Indonesia Ministry of Research, Technology, and Higher Education (SINTA 2 - SK No. 164/E/KPT/2021). AL-AHKAM has become a CrossRef Member since the year 2016. Therefore, all articles will have a unique DOI number.
Arjuna Subject : Umum - Umum
Articles 12 Documents
Search results for , issue "Volume 23, Nomor 1, April, 2013" : 12 Documents clear
PERGULATAN HUKUM DAN POLITIK DALAM LEGISLASI UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARI’AH Ghofur, Abdul
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.228 KB) | DOI: 10.21580/ahkam.2013.23.1.73

Abstract

This study intends to analyze the historical background of the enactment of Law No. 21 of 2008 concerning Islamic Banking in the perspective of relationship between law and political power. This study are considered attractive in the context of Indonesia as a state law that the majority of the population is Muslim, which is ethically Islamic law becomes an important part in the law development. Politically, the Indonesian government also has a historical background of the harmonious relationship with the Islamic forces. Determination of law No. 21 of 2008 concerning Sharia banking is not free from the constellation and political configurations that occured at that time. However, despite decorated by strict political configuration, the determination of this statue has a accountability of its juridical basis, sociological, and philosophical. Determination This law proves that Islamic law has become one of the sources of national law and has the opportunity to contribute to the development of national laws optimally in the future.
EKSEKUSI HUKUMAN MATI Tinjauan Maqāṣid al-Sharī’ah dan Keadilan Yahya, Imam
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.337 KB) | DOI: 10.21580/ahkam.2013.23.1.74

Abstract

The debate about death penalty, is still attracted attention of people. At least, there are, two mainstream firstly those who agrees and secondly who refuses the death penalty being imposed. For those who agrees reasoned that severe violations of the right to life, should be punished by death so that could provide a deterrent effect, while those who refuses argued that the death penalty is a denial of human rights, especially right to life. The essence of the death penalty is not a violation of the law, because the implementation the death penalty actually enforced in order to protect human rights itself. In the view of Islamic law, death penalty, can be done on four cases, namely that of adultery, killing intentionally, Hirabah and apostasy. Furthermore, the death penalty should be carried out in accordance with maqāṣid al-sharī'ah and justice. In maqāṣid al-sharī'ah perspective, the purpose of death penalty should refer to maintain religion (ḥifẓ al-dīn), maintain body or maintain the survival (ḥifẓ al-nafs), mind (ḥifẓ al-'aql), descent (ḥifẓ alnasl), and maintaining property (ḥifẓ al-māl). While in the perspective of justice, State, on behalf of the law must protect its citizens from legal events that harm society.
SINKRONISASI PERATURAN PERUNDANG-UNDANGAN MENGENAI PERKAWINAN BEDA AGAMA Rosidah, Zaidah Nur
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.443 KB) | DOI: 10.21580/ahkam.2013.23.1.70

Abstract

This study aims to know the horizontal and vertical synchronization of legislation on interfaith marriage in Indonesia. This study is a part of normative legal research which is projected to examine the harmonization of legislation regarding interfaith marriage. The current approach of this research is legislation approach (statue approach) in which the data was collected by reciting the literature of primary and secondary legal materials. The next to analysis the data, the researcher examined them through horizontal and vertical synchronization.  And the last, the finding outs are :  the first, it horizontally occurs discrepancies between the regulation No. 1 of 1974 on Marriage and the regulation No. 23 of 2006 on Demographic and Civic Administration. According to the marriage regulation, interfaith marriage is prohibited meanwhile Demographic and Civic Administration regulation allows it. The second, vertically, between the Marriage regulation of the Government Regulation No. 9 of 1975 and Presidential Decree No. 9 of 1991 already contained synchronization that prohibits interfaith marriage. However, the Cross Marriage Regulation No. 158 of 1898 occurred discrepancies in where Marriage regulation prohibits people to do the interfaith marriage, meanwhile according to the Cross Marriage Regulation, interfaith is not a barrier to marry.
REKONSEPTUALISASI MAṬLA‘ DAN URGENSINYA DALAM UNIFIKASI AWAL BULAN QAMARIYAH Muhaini, Akhmad
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (306.714 KB) | DOI: 10.21580/ahkam.2013.23.1.75

Abstract

In Indonesia, frequently occured the differences on initial determination of islamic lunar month such as Ramadhan, Syawal and Zulhijjah. This difference can not be separated from the two major methods of determining begining of lunar month namely ḥisāb (calculation) and ru’yat (observing hilāl). Apart from debate between ḥisāb and ru’yat, another issue that is also often raises is applicability rukyah and ḥisāb, known as validity of maṭlā‘. Meaning of the maṭlā‘s concept now seen no longer adequate and unable to overcome that differences. For that reason, reinterpretation of the maṭlā‘s meaning is something that is very important. However it should be noted that reinterpretation should not be out of bounds from Shar'i limitation and on the other hand must involve basic science of astronomy so can make it more up to date and more easily accepted rationally.
MAKNA AHL AL-KITÄ€B DALAM KONTEKS HUKUM PERKAWINAN MUSLIM DAN AHL AL-KITÄ€B Sya'roni, Sam'ani
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.107 KB) | DOI: 10.21580/ahkam.2013.23.1.71

Abstract

This article intends to (re) discuss about the position of ahl al-kitāb woman in the legal context of her marriage with a Muslim. Although thematically, this study has been carried out by experts, an interpretation approach used in this paper is expected to be as distinctive and produce a unique thought. According to khiṭāb Qur'an, that are called ahl al-kitāb are Jews and Christians. But some scholars expand the meaning scope of the ahl al-kitāb for all faiths whose holy book allegedly from God. Islam does not forbid people to marry with ahl al-kitāb. In other side, who is categorized scribes today is the problem. The controversial would be the root of the difference opinions among scholars that there are scholars who allow and forbid anyone on the basis of beneficiaries contains. However, the ability to marry the ahl al-kitāb is not a recommendation, so the positive and negative impacts should be considered in depth by Muslims.
HUKUM ISLAM DAN DINAMIKA FEMINISME DALAM ORGANISASI NAHDLATUL ULAMA’ Mulia, Musdah
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.566 KB) | DOI: 10.21580/ahkam.2013.23.1.72

Abstract

The development of the feminist movement has significantly demonstrated in the history of the Nahdlatul Ulama’ (NU) organization. In the midst of the discriminatory issues against women and gender mainstreaming bias, NU consciously and courageously opens up to make space for an expanded discussion of the role of women even in the area of Islamic law (fiqh), which is considered sacredly. Not only in theoretical-normative, but also NU showed consistency in the implementation for the ideas of women roles in the public sphere significantly, although a number of issues is still on the agenda of feminist struggle in the Muslimah community, such as violence against women in the household (domestic violence) and gender mainstreaming issues in a variety of positions in the executive, legislative, and judicial branches of government as well as other strategic institutions. The certain thing is that the feminist movement in Indonesia showed a significant effect on the changes in the political, social, legal, and economical areas.
HUKUM ISLAM DAN DINAMIKA FEMINISME DALAM ORGANISASI NAHDLATUL ULAMA’ Musdah Mulia
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.566 KB) | DOI: 10.21580/ahkam.2013.23.1.72

Abstract

The development of the feminist movement has significantly demonstrated in the history of the Nahdlatul Ulama’ (NU) organization. In the midst of the discriminatory issues against women and gender mainstreaming bias, NU consciously and courageously opens up to make space for an expanded discussion of the role of women even in the area of Islamic law (fiqh), which is considered sacredly. Not only in theoretical-normative, but also NU showed consistency in the implementation for the ideas of women roles in the public sphere significantly, although a number of issues is still on the agenda of feminist struggle in the Muslimah community, such as violence against women in the household (domestic violence) and gender mainstreaming issues in a variety of positions in the executive, legislative, and judicial branches of government as well as other strategic institutions. The certain thing is that the feminist movement in Indonesia showed a significant effect on the changes in the political, social, legal, and economical areas.
PERGULATAN HUKUM DAN POLITIK DALAM LEGISLASI UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARI’AH Abdul Ghofur
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.228 KB) | DOI: 10.21580/ahkam.2013.23.1.73

Abstract

This study intends to analyze the historical background of the enactment of Law No. 21 of 2008 concerning Islamic Banking in the perspective of relationship between law and political power. This study are considered attractive in the context of Indonesia as a state law that the majority of the population is Muslim, which is ethically Islamic law becomes an important part in the law development. Politically, the Indonesian government also has a historical background of the harmonious relationship with the Islamic forces. Determination of law No. 21 of 2008 concerning Sharia banking is not free from the constellation and political configurations that occured at that time. However, despite decorated by strict political configuration, the determination of this statue has a accountability of its juridical basis, sociological, and philosophical. Determination This law proves that Islamic law has become one of the sources of national law and has the opportunity to contribute to the development of national laws optimally in the future.
EKSEKUSI HUKUMAN MATI Tinjauan Maqāṣid al-Sharī’ah dan Keadilan Imam Yahya
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.337 KB) | DOI: 10.21580/ahkam.2013.23.1.74

Abstract

The debate about death penalty, is still attracted attention of people. At least, there are, two mainstream firstly those who agrees and secondly who refuses the death penalty being imposed. For those who agrees reasoned that severe violations of the right to life, should be punished by death so that could provide a deterrent effect, while those who refuses argued that the death penalty is a denial of human rights, especially right to life. The essence of the death penalty is not a violation of the law, because the implementation the death penalty actually enforced in order to protect human rights itself. In the view of Islamic law, death penalty, can be done on four cases, namely that of adultery, killing intentionally, Hirabah and apostasy. Furthermore, the death penalty should be carried out in accordance with maqāṣid al-sharī'ah and justice. In maqāṣid al-sharī'ah perspective, the purpose of death penalty should refer to maintain religion (ḥifẓ al-dīn), maintain body or maintain the survival (ḥifẓ al-nafs), mind (ḥifẓ al-'aql), descent (ḥifẓ alnasl), and maintaining property (ḥifẓ al-māl). While in the perspective of justice, State, on behalf of the law must protect its citizens from legal events that harm society.
SINKRONISASI PERATURAN PERUNDANG-UNDANGAN MENGENAI PERKAWINAN BEDA AGAMA Zaidah Nur Rosidah
Al-Ahkam Volume 23, Nomor 1, April, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.443 KB) | DOI: 10.21580/ahkam.2013.23.1.70

Abstract

This study aims to know the horizontal and vertical synchronization of legislation on interfaith marriage in Indonesia. This study is a part of normative legal research which is projected to examine the harmonization of legislation regarding interfaith marriage. The current approach of this research is legislation approach (statue approach) in which the data was collected by reciting the literature of primary and secondary legal materials. The next to analysis the data, the researcher examined them through horizontal and vertical synchronization.  And the last, the finding outs are :  the first, it horizontally occurs discrepancies between the regulation No. 1 of 1974 on Marriage and the regulation No. 23 of 2006 on Demographic and Civic Administration. According to the marriage regulation, interfaith marriage is prohibited meanwhile Demographic and Civic Administration regulation allows it. The second, vertically, between the Marriage regulation of the Government Regulation No. 9 of 1975 and Presidential Decree No. 9 of 1991 already contained synchronization that prohibits interfaith marriage. However, the Cross Marriage Regulation No. 158 of 1898 occurred discrepancies in where Marriage regulation prohibits people to do the interfaith marriage, meanwhile according to the Cross Marriage Regulation, interfaith is not a barrier to marry.

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