Al-Ahkam
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.
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IMPLEMENTASI MAQĀṢID AL-SHARĪ'AH DALAM HUKUM EKONOMI ISLAM
Syufa'at, Syufa'at
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo
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DOI: 10.21580/ahkam.2013.23.2.20
The objective revelation of Islamic law is to create public interest (maá¹£laḥat), both individually and collectively. The public interest that mentioned in Islamic law is the true goodness, not the pseudo benefit which influenced human desires. The Public interest here includes physical and spiritual. The public interest that intended by Islamic law is the goodness in this life and in the hereafter, not solely in the world live. maslahah in the Shariah perspective is based on five principles called al-mabÄdi'al-khamsah or al-uṣūl alkhamsah namely: keeping religion (hifẓ al-dÄ«n), keeping the soul (hifẓ al-nafs), keeping mind (hifẓ al-‘aql), keeping property (hifẓ al-mÄl), and keeping descent (hifẓ al-nasl). MaqÄá¹£id al-sharī’ah implementation of some economic problems is to answer the reality of modern society to face the challenges of basic needs such as clothing, food, shelter, health, education, employment, sanitation, energy, transport and information. Crucial needs of modern man is the spiritual and ethical, because modern society only measure the welfare just from the outer side only, that is to meet the needs according to the principle of utility and pragmatism
DINAMIKA HUKUM DAN PERKEMBANGAN PERBANKAN ISLAM DI INDONESIA
Mujib, Abdul
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo
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DOI: 10.21580/ahkam.2013.23.2.21
Almost all countries in the world including Indonesia give serious attention to the existence of Islamic banking that using religion approach in all activities and services. Institutional development it should be followed by the availability of legal basis, which is an established and clear. During the six years of its inception, the Islamic banking law stands with a very limited law basis, although the limitations of regulations have been describing aspects of sharia in Islamic banking for sure. The improvement of law is done by replacing Law No. 7 of 1992 by the Law No. 10 of 1998. This law has explicitly mention sharia aspects of Islamic banking, however Islamic banking regulation still governed together with conventional banking. The birth of Law 21 of 2008 became an important change for the development of Islamic banking. This law has given limits and a clear boundary line between Islamic banking and conventional banking in various aspects. The development of Islamic banking regulation are gaining its momentum with the enactment of Law No. 21 of 2008 concerning Islamic Banking. The strategic value of this law is increasingly opening up opportunities and legal certainty to accelerate the development of Islamic banks in the future
INTEGRASI HUKUM PAJAK DAN ZAKAT DI INDONESIA Telaah terhadap Pemikiran Masdar Farid Mas’udi
Triantini, Zusiana Elly
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo
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DOI: 10.21580/ahkam.2013.23.2.22
Masdar Farid Mas'udi is famous as an eclectic scholar who produces Islamic thought (ijtihad), which is becomes a subject of conversation among thinkers of Islam in Indonesia. The discourse of zakat and tax integration actually is not something new, but substantially, his thoughts can be used as a consideration of zakat and tax policies in Indonesia, and even become enlightened understanding of Islamic substance in Indonesia. His thoughts on integration of zakat and tax caused controversy and quite diverse questions. This even seems “strange†because he wanted to unite two things that are different substantially and usefulness. However, if we understand his thought more comprehensively both its content and his method of ijtihad, it would seem that his real thinking about tax and zakat unification substantially, can be a problem solution of zakat and tax implementation for Muslims in Indonesia. This paper will present ideas, methods and the formulations of zakat and tax’s concept of Masdar Farid Mas'udi.
DINAMIKA HUKUM DAN HAK ASASI MANUSIA DI NEGARA-NEGARA MUSLIM
Hafiz, Muhammad
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo
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DOI: 10.21580/ahkam.2013.23.2.23
Muslim countries often stuck in a dilemmatic situation between be exclusively with retaining the Islamic principles of human rights through Islamic law or follow the principles of human rights which is regulated internationally through Universal Declaration of Human Rights (UDHR). The existence of Independent Permanent Commission of Human Rights (IPHRC) as one of the core institutions of organization of the Islamic Cooperation (OIC) intended to be a mediator for the occurrence of constructive dialogue between human rights discourse on one side with Islamic law on the other side. This is the way to reduce dichotomous view that impact on gaps and conflict. The equivalent dialogue continuously between two entities, Islamic law and human rights must always be attempts to open opportunities in more widely shared understanding and in turn will facilitate the achievement of progress and the protection of human rights in Muslim countries. This dialogue also important to remove the negative stigma against Islamic law that is often accused of violating human rights. and also to open space of interpretation to Islamic law that relevance with contemporary life.
MODEL APLIKASI FIKIH MUAMALAH PADA FORMULASI HYBRID CONTRACT
Murtadho, Ali
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo
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DOI: 10.21580/ahkam.2013.23.2.19
Modern literatures of fiqh mu’Ämalah talk alot about various contract formulation with capability of maximizing profit in shariah finance industry. This new contract modification is the synthesis among existing contracts which is formulated in such a way to be an integrated contract. This formulation is known as a hybrid contract or multicontract (al-'uqÅ«d al-murakkabah). Some of them are, bay' bi thaman 'Äjil, IjÄrah muntahiyah bi ’l-tamlÄ«k dan mushÄrakah mutanÄqiá¹£ah. This study intends to further describe models of hybrid contract, and explore the shari'ah principles in modern financial institutions. This study found a potential shift from the ideal values of the spirit of shari'ah into the spirit of competition based shari'ah formally.
ASTRONOMI ISLAM DAN TEORI HELIOCENTRIS NICOLAUS COPERNICUS
Hambali, Slamet
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo
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DOI: 10.21580/ahkam.2013.23.2.24
In the 13th century BC Heliocentric concept presented by the Greek philosopher: Aristarchus. But the theory is still a hypothesis, and contrary to the opinion of Aristoteles. Heliocentric theory has not been able to replace Geocentric one, especially with the emergence of Ptolemy (140 AD), known as a pioneer of the Geocentric theory, who wrote a big book titled Almagest which astronomers have refered for centuries. But after Nicolaus Copernicus wrote a book with the title De Revolutionibus Orbium Coelestium, his published heliocentric theory, and finally It was able to undermine Geocentric theory that has long been established. Qur'an which was revealed long ago before this theory has been presented, has explained the astronomical concept such us motion of earth, that aligned with the Heliocentric theory. In the Qur'an there are some verses of earth, moon and sun, among others: Surat YÅ«nus: 5, al-Naml: 88, YÄsÄ«n: 38, dan 40, al-AnbiyÄ’: 33, Ä€li ‘ImrÄn: 190. According to the exegete such Aḥmad Musá¹afÄ al-MarÄghÄ« in his book Tafsir al-MarÄghÄ«, that the Heliocentric theory was the one that inline with the Qur'an,and that the Heliocentric theory is a part of the miracle of the Qur'an.
IMPLEMENTASI MAQĀṢID AL-SHARĪ'AH DALAM HUKUM EKONOMI ISLAM
Syufa'at Syufa'at
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
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DOI: 10.21580/ahkam.2013.23.2.20
The objective revelation of Islamic law is to create public interest (maṣlaḥat), both individually and collectively. The public interest that mentioned in Islamic law is the true goodness, not the pseudo benefit which influenced human desires. The Public interest here includes physical and spiritual. The public interest that intended by Islamic law is the goodness in this life and in the hereafter, not solely in the world live. maslahah in the Shariah perspective is based on five principles called al-mabādi'al-khamsah or al-uṣūl alkhamsah namely: keeping religion (hifẓ al-dīn), keeping the soul (hifẓ al-nafs), keeping mind (hifẓ al-‘aql), keeping property (hifẓ al-māl), and keeping descent (hifẓ al-nasl). Maqāṣid al-sharī’ah implementation of some economic problems is to answer the reality of modern society to face the challenges of basic needs such as clothing, food, shelter, health, education, employment, sanitation, energy, transport and information. Crucial needs of modern man is the spiritual and ethical, because modern society only measure the welfare just from the outer side only, that is to meet the needs according to the principle of utility and pragmatism
DINAMIKA HUKUM DAN PERKEMBANGAN PERBANKAN ISLAM DI INDONESIA
Abdul Mujib
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
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DOI: 10.21580/ahkam.2013.23.2.21
Almost all countries in the world including Indonesia give serious attention to the existence of Islamic banking that using religion approach in all activities and services. Institutional development it should be followed by the availability of legal basis, which is an established and clear. During the six years of its inception, the Islamic banking law stands with a very limited law basis, although the limitations of regulations have been describing aspects of sharia in Islamic banking for sure. The improvement of law is done by replacing Law No. 7 of 1992 by the Law No. 10 of 1998. This law has explicitly mention sharia aspects of Islamic banking, however Islamic banking regulation still governed together with conventional banking. The birth of Law 21 of 2008 became an important change for the development of Islamic banking. This law has given limits and a clear boundary line between Islamic banking and conventional banking in various aspects. The development of Islamic banking regulation are gaining its momentum with the enactment of Law No. 21 of 2008 concerning Islamic Banking. The strategic value of this law is increasingly opening up opportunities and legal certainty to accelerate the development of Islamic banks in the future
INTEGRASI HUKUM PAJAK DAN ZAKAT DI INDONESIA Telaah terhadap Pemikiran Masdar Farid Mas’udi
Zusiana Elly Triantini
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
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DOI: 10.21580/ahkam.2013.23.2.22
Masdar Farid Mas'udi is famous as an eclectic scholar who produces Islamic thought (ijtihad), which is becomes a subject of conversation among thinkers of Islam in Indonesia. The discourse of zakat and tax integration actually is not something new, but substantially, his thoughts can be used as a consideration of zakat and tax policies in Indonesia, and even become enlightened understanding of Islamic substance in Indonesia. His thoughts on integration of zakat and tax caused controversy and quite diverse questions. This even seems “strange” because he wanted to unite two things that are different substantially and usefulness. However, if we understand his thought more comprehensively both its content and his method of ijtihad, it would seem that his real thinking about tax and zakat unification substantially, can be a problem solution of zakat and tax implementation for Muslims in Indonesia. This paper will present ideas, methods and the formulations of zakat and tax’s concept of Masdar Farid Mas'udi.
DINAMIKA HUKUM DAN HAK ASASI MANUSIA DI NEGARA-NEGARA MUSLIM
Muhammad Hafiz
Al-Ahkam Volume 23, Nomor 2, Oktober, 2013
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
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DOI: 10.21580/ahkam.2013.23.2.23
Muslim countries often stuck in a dilemmatic situation between be exclusively with retaining the Islamic principles of human rights through Islamic law or follow the principles of human rights which is regulated internationally through Universal Declaration of Human Rights (UDHR). The existence of Independent Permanent Commission of Human Rights (IPHRC) as one of the core institutions of organization of the Islamic Cooperation (OIC) intended to be a mediator for the occurrence of constructive dialogue between human rights discourse on one side with Islamic law on the other side. This is the way to reduce dichotomous view that impact on gaps and conflict. The equivalent dialogue continuously between two entities, Islamic law and human rights must always be attempts to open opportunities in more widely shared understanding and in turn will facilitate the achievement of progress and the protection of human rights in Muslim countries. This dialogue also important to remove the negative stigma against Islamic law that is often accused of violating human rights. and also to open space of interpretation to Islamic law that relevance with contemporary life.