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Al-Ahkam

ahkam
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Published by Universitas Islam Negeri Walisongo Semarang

ISSN : 08544603 EISSN : 25023209 DOI : http://dx.doi.org/10.21580/ahkam.2022.32.1.8825

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice

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 18 Documents

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Search results for , issue "Volume 24, Nomor 2, Oktober 2014" : 18 Documents clear

KANUNISASI FIKIH JINAYAT KONTEMPORER Studi Materi Muatan QÄnÅ«n JinÄyat Aceh dan Brunei Darussalam Aziz, Samsudin
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

This article will view specifically codification of Islamic Criminal Law in `Muslim community, such as Brunei Darussalam, a country based on Islamic principles, and Aceh is a part of Indonesian territory administratively, granted special autonomy to implement Islamic Sharia. Despite having different qualities, -as a country and a province- both have in common as a political power which apply Islamic Criminal Law. Refer to both qÄnÅ«n jinÄyat in Brunei and Aceh, the authorâ€™ll explain the substance of the criminal law in both area, while also reinforces the implementation of Islamic Criminal Law in the framework of a modern state. The article concludes that basically the application of Islamic Sharia, particularly the Islamic Criminal Law, is closely related to the situation and socio-political conditions of a community or country. The differences of political system, for example, has contributed to the difference in the output of product or policy made by a particular country or territory. On the other hand, Brunei and the Aceh case show that there has been adjustment Islamic Criminal Law specifically set forth in the books of fiqh (as illustration of the Qur'an and Sunnah) with the needs of the community itself

ISLAM, KORUPSI DAN GOOD GOVERNANCE DI NEGARA-NEGARA ISLAM Umam, Ahmad Khoirul
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

The revitalization of religion function â€”that some people thinkâ€” is an effective instrument to fight the cancer of corruption and also the implementation of democratization and liberalization of the market. Value systems, moral teachings and spirituality in religion are considered to be opposite of the corruption characters growing in the contemporary society. The more religiosity of a society leads to the expectation for the lower corruption. However, according to the Corruption Perception Index (CPI) data, we will exactly find a tendency of paradoxical phenomena. For example, in the context of Islamic countries, the high of influence for the Muslims belief to their religion is not directly proportional to the commitment of the corruption eradication in the Muslim populized countries mostly. This phenomenon deserves to be shared reflection, to find the answers of classic questions; why does corruption tend becoming habit of Muslim community who are uphold moral principles and integrity in social life and state? It causes this article to discuss the relationship between religion and corruption in general, and also to elaborate it by dealing with the experience of Islamic countries

PENDEKATAN EPISTEMOLOGI DAN INTERSUBJEKTIF ATAS HADIS-HADIS NIKAH MUT’AH Muhammad Nashrul Haqqi
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This article offers an alternative perspective at the difference views in the Sunni and Shi’ite hadiths for Mut'ah marriage. Related to the differences both treat and apply that these hadits universally believed to be one of the fundamental sources of Islam. Eventhough, both Sunny and Shi’ite agree to put hadits as a second source of doctrine, but they often actually produce a different formulation of the law and contradictory. The difference of theological view is a fundamental problem that implies on their thought dealing with being accepted or rejected for hadits transmition of Mut’ah merriage. Intersubjectivity approach has roled to positionize these groups as an objective opinion, subjective as well. Both objectivities are located on the seriousness of their respective efforts to obtain the authenticity of the hadith, in which expectations will be both objectivity when hadith of mut’ah marriages take placed purely as historical information. In this position, the awareness together to build the Islamic civilization in the theological differences, are values that should be a priority

INTEGRASI MEDIASI KASUS PERCERAIAN DALAM BERACARA DI PENGADILAN AGAMA Muhammad Saifullah
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This research aims to determine the implementation of mediation in divorce cases in The Religion Court Semarang, the substance perspective for PerMA No. 1 of 2008 on Mediation Procedure in the Court, and the legal culture for citizen proposing their problem to the court. This study uses the non-doctrinal law approach that puts the law as "skin out system" or the study of the law in action and also uses doctrinal law approach as a "skin in the system" or the study of law in book, PeMA No. 1 of 2008. The next, the study analysis uses the theory of Lawrence M. Friedman in law enforcement, Lucy V. Kazt theory in the mediation process, and content analysis. The researcher concludes that the mediation in the Religious Courts has not been effective yet because the litigants do not want to make peace, the lack of knowledge about science mediation judge, Religious Court cases are overload and limited means. Besides the existing mediation has just been done in court by requirement in which the parties should attend, whereas this requirement sometimes becomes the mediation success constraints. That is why, the success of mediation must be supported by a legal culture that preceded the dissemination and socialization of justice of peace in the mediation process, prioritybased divorce amicably and based on culture and local wisdom

REDEFINISI HUKUM ISLAM DALAM KERANGKA DEMOKRASI Eksperimentasi Muḥammad Shaḥrūr Muhyar Fanani
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This article discusses the new paradigm of Islamic law which is offered by Muḥammad Shaḥrūr, one of the contemporary Muslim thinkers from Suria. The focus of study on this paper is an attempt to criticize the redefinition of the basic concepts of Islamic law in Shaḥrūr view. According to Shaḥrūr, redefinition basic concepts in Islamic law must be done as a starting point to develop a new paradigm of Islamic law which is based on anthropocentric approaches, —not theocentric approaches. Islamic law is civil law, democratic and positive. Therefore, it requires more realistic, elastic, and implementable definition. For Shaḥrūr, the existence of a new paradigm, such as the democratization of Islamic law is very urgent in the midest of the Muslim world today on the era of the nation state, constitutionalism and democracy, rapidly changing, and increasingly distant from the tyranny period

ṬULŪ’ AL-HILĀL Rekonstruksi Konsep Dasar Hilāl Nur Aris
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This paper intends to review the basic concepts of crescent issue as the most fundamental concepts of the Hijri calendar systems. The crescent basic concept of ṭulū‘ al-hilāl, based on these principles: first, put the crescent as a matter of objective existence does not depend on the subject or observer, but the object itself. Second, the lower moon extremity as a conceptual reference for basic concepts. Third, the beginning of the lunar calender is based on crescent moon rising. This paper also tries to determine the cause of the beginning of lunar calender with the normative traditions of the prophet to analyze the visual sighting of the crescent and istikmāl from the philosophy of Islamic Law’s point of view. Normative cause of fasting Ramadan is not obligatory visual sighting of the crescent of Ramadan, but the rising of the crescent (ṭulū‘ al-hilāl). Visual sighting of the crescent and istikmāl and also Astronomy is a way to find out and make sure that the cause has occurred and they are not the cause by itself

KANUNISASI FIKIH JINAYAT KONTEMPORER Studi Materi Muatan Qānūn Jināyat Aceh dan Brunei Darussalam Samsudin Aziz
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This article will view specifically codification of Islamic Criminal Law in `Muslim community, such as Brunei Darussalam, a country based on Islamic principles, and Aceh is a part of Indonesian territory administratively, granted special autonomy to implement Islamic Sharia. Despite having different qualities, -as a country and a province- both have in common as a political power which apply Islamic Criminal Law. Refer to both qānūn jināyat in Brunei and Aceh, the author’ll explain the substance of the criminal law in both area, while also reinforces the implementation of Islamic Criminal Law in the framework of a modern state. The article concludes that basically the application of Islamic Sharia, particularly the Islamic Criminal Law, is closely related to the situation and socio-political conditions of a community or country. The differences of political system, for example, has contributed to the difference in the output of product or policy made by a particular country or territory. On the other hand, Brunei and the Aceh case show that there has been adjustment Islamic Criminal Law specifically set forth in the books of fiqh (as illustration of the Qur'an and Sunnah) with the needs of the community itself

ISLAM, KORUPSI DAN GOOD GOVERNANCE DI NEGARA-NEGARA ISLAM Ahmad Khoirul Umam
Al-Ahkam Volume 24, Nomor 2, Oktober 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

The revitalization of religion function —that some people think— is an effective instrument to fight the cancer of corruption and also the implementation of democratization and liberalization of the market. Value systems, moral teachings and spirituality in religion are considered to be opposite of the corruption characters growing in the contemporary society. The more religiosity of a society leads to the expectation for the lower corruption. However, according to the Corruption Perception Index (CPI) data, we will exactly find a tendency of paradoxical phenomena. For example, in the context of Islamic countries, the high of influence for the Muslims belief to their religion is not directly proportional to the commitment of the corruption eradication in the Muslim populized countries mostly. This phenomenon deserves to be shared reflection, to find the answers of classic questions; why does corruption tend becoming habit of Muslim community who are uphold moral principles and integrity in social life and state? It causes this article to discuss the relationship between religion and corruption in general, and also to elaborate it by dealing with the experience of Islamic countries

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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