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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<![CDATA[STATUS HUKUM PEREMPUAN MENURUT IBN ḤĀZM DAN KEDUDUKANNYA DALAM KOMPILASI HUKUM ISLAM (KHI) ]]>
<![CDATA[al-Asy’ari, M. Khoirul Hadi]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2015.25.2.600
<![CDATA[This study based on library research that discusses the legal status of women in the view of Ibn ḤÄzm. This study intends to answer three important questions; first, how the circumstances of the biography of Ibn ḤÄzm and socio-historical culture that surrounds his life; second, how the thought of Ibn ḤÄzm about the legal status of women; third, is there any thought of Ibn ḤÄzm relevance to the concept of gender in islamic law compilation (KHI). This research is expected to contribute at least in three points of view; first, examine the biography of Ibn ḤÄzm and educational history and culture surrounding his social life; second, describe Ibn ḤÄzm’s modern thinking with regard to the legal status of women; and third, discover the extent of the relevance of his thinking on gender discourse in KHI. Using istiṣḥÄb, Ibn Hazm concludes that women and men have the same high legal status. This thought even beyond the perspective of gender, human rights, multiculturalism, pluralism and democracy that are still not familiar with Indonesian ulama’. This is among the arguments that claimed as the reason for the failure of the initiative of KHI Counter Legal Drafting (CLD).]]>
<![CDATA[EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA JAWA TENGAH ]]>
<![CDATA[Saifullah, Muhammad]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2015.25.2.601
<![CDATA[Mediation as one of Alternative Dispute Resolution (ADR) is seen as a way dispute resolution humane and just. Humanist because the mechanism decision-making (the peace agreement) become the authority of the parties dispute and maintain good relations. Fair because each party negotiate to option a problem solution from his problem and outputs a win-win solution. Therefore, dispute resolution with litigation is becoming obsolete and people turn to mediation. Through the Supreme Court Regulation (Perma) No. 1 In 2008, mediation has been integrated into the proceedings in the court system. Every civil matters must completed first by way of mediation. Each judge's decision not by way of mediation first, the decision shall be considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases in the Religious Court Central Java, because of a divorce case is a matter of the highest ranks in the Religious Court. The focus of the study is the implementation of divorce mediation cases, mediation success standard divorce cases and the litigants public response to the peace efforts through mediation procedures]]>
<![CDATA[KRITERIA 29: CARA PANDANG BARU DALAM PENYUSUNAN KALENDER HIJRIYAH ]]>
<![CDATA[Setyanto, Hendro]]>;
<![CDATA[Hamdani, Fahmi Fatwa Rosyadi Satria]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2015.25.2.602
<![CDATA[HilÄl is an early marker of the beginning of the Hijriyah/Qamariyah. The existence of the new moon was used as a reference in the preparation of a system of Islamic calendar. The issue of the new moon it is still be an interesting thing to be studied. In fact there is a lot of research and discussion related with hilÄl issues. However, it still has not found an appropriate formula to be used as a reference in creating a standardized system of the Islamic calendar. Currently, there are several criteria that offered to make the calendar system. In this paper, will be presented criteria and other perspectives in formulating a Hijriyah calendar, called the Criteria 29. Some examples of simple calculations and discussions in determining the first day of month of the Hijriyah presented briefly. This elaboration of “Criteria 29†hopefully can give an idea and different viewpoints in order to develop Hijriyah calendar.]]>
<![CDATA[الإشكالات التطبیقیة ÙÙŠ المصار٠الوقÙیة من منظور الÙÙ‚Ú¾ الإسلامي ]]>
<![CDATA[Alobaid, Alaa Adel]]>;
<![CDATA[Soalhi, Younes]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2015.25.2.603
<![CDATA[Waqf is considered to be one of the most important institutions of voluntary sector which exists in the Islamic heritage. Waqf have a dual function; religious and social, which makes it still always exist until today. In performing its role, waqf institutions will face the problems of the management of waqf. Blurring property ownership of institutions of social charity with waqf property, is one of the problems experienced by those waqf institutions. Besides that what needs to be done if the results of the management of waqf property is still lacking to fulfill the rights of mawqūf ‘alayh or oppositely. The other problem is about the right of mawqūf ‘alayh to rent waqf property below the standard prices. This paper aims to describe the problems mentioned above as well as effort to solve the problems in authoritative Islamic perspectives. One of the methode is the implementation of tarjīḥ to the scholars argumentations.]]>
<![CDATA[ANALISIS NORMATIF-FILOSOFIS FATWA DEWAN SYARI’AH NASIONAL MAJELIS ULAMA’ INDONESIA (DSN-MUI) TENTANG TRANSAKSI JUAL BELI PADA BANK SYARI’AH ]]>
<![CDATA[Fathoni, Nur]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2015.25.2.596
<![CDATA[DSN-MUI uses trade transactions in Islamic financial institutions in order to avoid interest rate system. Moral and legal issues had became the important thing in the formulation of trade transaction in syariah banking, since the concern about the system of interest that still exist in syariah banking’s trade transaction. This means that the trade transaction on syariah banking according to fatwa DSN-MUI still contains usury (riba). This paper intends to explore the important things about the rules and practices of trade transaction on the syariah banking according to DSN-MUI. This study concluded that DSN-MUI performs ijtihÄd taá¹bÄ«qÄ« to facilitate the concept of trade operations on syariah banking. DSN-MUI’s fatwa about trade transaction appears to correspond to a normative concept of fiqh. It's just that there is ambiguity in the salam and istithnÄ' contract and less attention to the philosophy of trade. The trade transactions were reduced as provision of funds for purchasing of goods, with multi contract institutions. The use of supporting contracts that are not true will potentially lead to morality inconsistencies in trade transactions.]]>
<![CDATA[FATWA ALIRAN SESAT DAN POLITIK HUKUM MAJELIS ULAMA INDONESIA (MUI) ]]>
<![CDATA[Hasyim, Syafiq]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2015.25.2.810
<![CDATA[MUI (The Indonesian Council of Ulama) is an institution established by the government of Indonesia that one of its functions is to formulate religious fatwas. The existence of the MUI as the representatives of various religious organizations, and therefore claimed to be the big tent of Muslims, became the basis for the existence of these functions. Nevertheless MUI’s fatwas on religious denominations in Indonesia, is considered partly responsible for the occurrence of discriminatory behavior and violence based on religion. This article would like to see the political aspects of the law on the MUI’s fatwas about the deviant groups which is considered as a barrier of religous freedom in Indonesia and at the same time as the trigger acts of violence based on religion. MUI’s fatwas about the deviant groups can be analyzed in at least two approaches. First, in the perspective of the discourse of blasphemy, and second from the perspective of the discourse of legal pluralism, institutionalizing MUI, and theology.]]>
<![CDATA[الإشكالات التطبیقیة في المصارف الوقفیة من منظور الفقھ الإسلامي ]]>
<![CDATA[Alaa Adel Alobaid]]>;
<![CDATA[Younes Soalhi]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
Show Abstract
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Original Source
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Full PDF (309.452 KB)
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DOI: 10.21580/ahkam.2015.25.2.603
<![CDATA[Waqf is considered to be one of the most important institutions of voluntary sector which exists in the Islamic heritage. Waqf have a dual function; religious and social, which makes it still always exist until today. In performing its role, waqf institutions will face the problems of the management of waqf. Blurring property ownership of institutions of social charity with waqf property, is one of the problems experienced by those waqf institutions. Besides that what needs to be done if the results of the management of waqf property is still lacking to fulfill the rights of mawqūf ‘alayh or oppositely. The other problem is about the right of mawqūf ‘alayh to rent waqf property below the standard prices. This paper aims to describe the problems mentioned above as well as effort to solve the problems in authoritative Islamic perspectives. One of the methode is the implementation of tarjīḥ to the scholars argumentations.]]>
<![CDATA[ANALISIS NORMATIF-FILOSOFIS FATWA DEWAN SYARI’AH NASIONAL MAJELIS ULAMA’ INDONESIA (DSN-MUI) TENTANG TRANSAKSI JUAL BELI PADA BANK SYARI’AH ]]>
<![CDATA[Nur Fathoni]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
Show Abstract
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Download Original
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Original Source
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Check in Google Scholar
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Full PDF (197.885 KB)
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DOI: 10.21580/ahkam.2015.25.2.596
<![CDATA[DSN-MUI uses trade transactions in Islamic financial institutions in order to avoid interest rate system. Moral and legal issues had became the important thing in the formulation of trade transaction in syariah banking, since the concern about the system of interest that still exist in syariah banking’s trade transaction. This means that the trade transaction on syariah banking according to fatwa DSN-MUI still contains usury (riba). This paper intends to explore the important things about the rules and practices of trade transaction on the syariah banking according to DSN-MUI. This study concluded that DSN-MUI performs ijtihād taṭbīqī to facilitate the concept of trade operations on syariah banking. DSN-MUI’s fatwa about trade transaction appears to correspond to a normative concept of fiqh. It's just that there is ambiguity in the salam and istithnā' contract and less attention to the philosophy of trade. The trade transactions were reduced as provision of funds for purchasing of goods, with multi contract institutions. The use of supporting contracts that are not true will potentially lead to morality inconsistencies in trade transactions.]]>
<![CDATA[FATWA ALIRAN SESAT DAN POLITIK HUKUM MAJELIS ULAMA INDONESIA (MUI) ]]>
<![CDATA[Syafiq Hasyim]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
Show Abstract
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Download Original
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Original Source
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Check in Google Scholar
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Full PDF (220.805 KB)
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DOI: 10.21580/ahkam.2015.25.2.810
<![CDATA[MUI (The Indonesian Council of Ulama) is an institution established by the government of Indonesia that one of its functions is to formulate religious fatwas. The existence of the MUI as the representatives of various religious organizations, and therefore claimed to be the big tent of Muslims, became the basis for the existence of these functions. Nevertheless MUI’s fatwas on religious denominations in Indonesia, is considered partly responsible for the occurrence of discriminatory behavior and violence based on religion. This article would like to see the political aspects of the law on the MUI’s fatwas about the deviant groups which is considered as a barrier of religous freedom in Indonesia and at the same time as the trigger acts of violence based on religion. MUI’s fatwas about the deviant groups can be analyzed in at least two approaches. First, in the perspective of the discourse of blasphemy, and second from the perspective of the discourse of legal pluralism, institutionalizing MUI, and theology.]]>
<![CDATA[STATUS HUKUM PEREMPUAN MENURUT IBN ḤĀZM DAN KEDUDUKANNYA DALAM KOMPILASI HUKUM ISLAM (KHI) ]]>
<![CDATA[M. Khoirul Hadi al-Asy’ari]]>
<![CDATA[ Al-Ahkam Volume 25, Nomor 2, Oktober 2015 ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
Show Abstract
|
Download Original
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Original Source
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Full PDF (240.247 KB)
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DOI: 10.21580/ahkam.2015.25.2.600
<![CDATA[This study based on library research that discusses the legal status of women in the view of Ibn Ḥāzm. This study intends to answer three important questions; first, how the circumstances of the biography of Ibn Ḥāzm and socio-historical culture that surrounds his life; second, how the thought of Ibn Ḥāzm about the legal status of women; third, is there any thought of Ibn Ḥāzm relevance to the concept of gender in islamic law compilation (KHI). This research is expected to contribute at least in three points of view; first, examine the biography of Ibn Ḥāzm and educational history and culture surrounding his social life; second, describe Ibn Ḥāzm’s modern thinking with regard to the legal status of women; and third, discover the extent of the relevance of his thinking on gender discourse in KHI. Using istiṣḥāb, Ibn Hazm concludes that women and men have the same high legal status. This thought even beyond the perspective of gender, human rights, multiculturalism, pluralism and democracy that are still not familiar with Indonesian ulama’. This is among the arguments that claimed as the reason for the failure of the initiative of KHI Counter Legal Drafting (CLD).]]>
