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Eksistensi â€˜Illat dalam Mengukuhkan Teks Hadis-hadis Ruâ€™yat al-HilÄl dan Fungsinya dalam Pengembangan Hukum Islam Busyro, Busyro
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

á¸¤isÄb and ruâ€™yat always be warm conversations when there is an early determination of Ramadhan and Shawwal. At that time, there are always two camps of scholars in reacting, the scholars who hold on to á¸¥isÄb (calculating the calendar) on one side, and on the other hand hold to ruâ€™yat al-hilÄl (seeing the moon directly). This in turn often leads to time differences in setting the beginning of the month among Muslims. With the aim to unite the people in starting their worship, some scholars try to understand the texts of these traditions about ruâ€™yat al-hilÄl by trying to find the 'illat (reason) of the laws of hadiths about ruâ€™yat al-hilÄl. Their study of the 'illat law resulted in the conclusion that the ruâ€™yat al-hilÄl is only a suitable means for the people that time and may not suitable for Muslims in this modern era. Therefore Muslims must use other wasÄ«lah (means) which further guarantee the realization of the purpose of law, namely modern astroÂnomy. The conclusion of the law from the side of the discovery of â€˜illat seems to be less suited to the purpose of ta'lÄ«l al-aá¸¥kÄm, is to establish textual texts in addition to discovering the forms of development of the texts.

Ruler of Interests, Political Interests, or Law Enforcement: Case Study of Amnesty Plan for Din Minimi Group in East Aceh Amdani, Yusi
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

The aim of this paper is the concept of the settlement of criminal cases committed Din Minimi Group. The amnesty is the prerogative of the President specified in the Constitution of 1945. Amnesty NRI is a form of pardon to political prisoners to be free from legal sanctions. The legal basis for amnesty stipulated in the Emergency Law No. 11 of 1954 on Amnesty and Abolition. The method used in this paper is a conceptual approach. Related to peace efforts in Aceh, the President has issued Presidential Decree No. 22 of 2005 on Amnesty and Abolition against GAM members. Once that happens again insurgency by Din Minimi caused dissatisfaction with the policy of the Governing of Aceh. Counterinsurgency is done by giving amnesty to the group Din Minimi so willing to surrender. When viewed in this aspect of the law, amnesty if forced to give to Din Minimi, it is destructive to the prevailing laws in Indonesia. Do not rule out the possibility of regulation will hit Indonesia polemic, so the solution had to pay attention to various aspects of both of the victim, the offender, and the community by not disregard the rule of law and justice.

Hukum Islam dan Patronase dalam Penentuan 1 Ramadhan di Bungong Keumang Rizky, Cut Rahma; Nurhadi, Agus
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

In 2017, people in Bungong Keumang village started fasting on Thursday, and they did not follow the government's decision to start fasting on Saturday. They prefer to follow the decisions of religious leaders who often overtake fasting, up to 2-3 days. This difference with the government has been going on for a long time, and almost every year has happened. This paper answers the question of why people in Bungong Keumang prefer to follow the decisions of religious leaders in starting Ramadhan fasting rather than following government decision? With in-depth interviews, answers were obtained that the choice of the community was more due to longstanding social patronage relations based on the exchange of values between religious leaders (patrons) and worshipers (clients) that are mutually beneficial to each other. The determination of 1 Ramadhan which is an area of Islamic law is an 'important arena' to strengthen patronage relations. However, at present the client's obedience to patrons is also shifting. The community is increasingly rational in making choices, access to information is also getting easier, and power relations are also decreasing, so the determination of 1 Ramadhan will become stronger into the area of astronomy and Islamic law.

DÄ«nÄmikiyyah Jamâ€™iyyah Nahá¸ah al-â€˜UlamÄâ€™ fÄ« IthbÄt AwÄâ€™il al-ShuhÅ«r al-Qamariyyah bi IndunÄ«siyÄ Hefni, Wildani
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

As a largest muslim organization in Indonesia, NU has been admitted as an innovative pioneer of both hisÄb and ruâ€™yat studies which has also been academically necessary in the history of hisab and rukyat studies in Indonesia. According to NUâ€™s perspective, the year of 1984 was officially pointed to become the beginning of hisÄb and ruâ€™yat movement which is symbolized by the establishment of Lajnah Falakiyah (the agency of Islamic astronomy study) of Nahdlatul Ulama. This research aims at knowing the extent of the dynamical discourse of NU in the development of hisÄb and ruâ€™yat inquiry in Indonesia which its result has shown that within 1984-2000 there was a strained relation between NU and Indonesian government in understanding the concept of Islamic lunar month as it can be seen in a lot of differences in the determination of the initial and final month of qamariah. Meanwhile, in the aftermath of 2000s, the relation between both has dynamically walked in the effort of unification in determining the beginning and end of qamariah month.

Narsisme Ulama: Dilema dan Posibilitas Rekonstruksi Ushul Fiqh di Indonesia Nasution, Adelina
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

This paperÂ describe the construction of the uá¹£Å«l al-fiqhÂ initiated by Hasan al-Turabi that be dialogued with the religious conditions in Indonesia. Its aim is to find the possibility and inventory the constraints of the reconstruction of theÂ uá¹£Å«l al-fiqhÂ in Indonesia. This study uses the hermeneutical method of Paul Ricoeur in analyzing the theoretical ideas of Hasan al-Turabi. In this study found the biggest dilemma of reconstruction ofÂ uá¹£Å«l al-fiqhÂ in Indonesia: the narcissism of scholars and egoism of intellectuals. Apart from that, there are conditional possibilities found, in order to reconstructÂ uá¹£Å«l al-fiqh Â in Indonesia, i.e.: 1) willingness, facilities, protection and consisÂtency of the government, and 2) the inclusiveness of traditional clerics in order to create a dialogue on the traditional jurisprudence understood by them with the modern scholars and experts of various sciences. The author concluded that only the integration of modern sciences with the traditional Islamic jurisprudence, thatÂ uá¹£Å«l al-fiqh reÂconÂstruction could be implemented in Indonesia.

Legitimasi Berlapis dan Negosiasi Dinamis pada Pembayaran Perkawinan Perspektif Pluralisme Hukum Wardatun, Atun
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

This article is based on an ethnographic study that uses participatory observation of eight marriage payment negotiations in the city of Mataram, West Nusatenggara. It argues that the marriage payment in the Muslim tradition of Sasak in the city of Mataram is based on strong legal pluralism or a variety of equally strong laws in which no single legal system dominates and is subordinated to each other. Furthermore, this research sheds light on extending meaning of legal pluralism in which it may include dialogue between the same legal system eg between different customary laws. This strong model of legal pluralism is seen in two ways. First, the layered legitimacy of Sasak marriage by using many models of marriage payments, namely religious payment in the form of mahr for marriage validity, local payment in the form of pisuke and ajikrama for social appropriateness, and state payment in the form of administrative costs for formal legality. Second, the dynamic negotiation between customary law holders concerning the marriage payment when inter-ethnicity marriage occurs (exogamy), where different traditions can absorb each other. The argument at the same time debates the view that has placed the three legal systems: Islam, adat (customs), and the state as opposed and subordinate to each other.

Eksistensi ‘Illat dalam Mengukuhkan Teks Hadis-hadis Ru’yat al-Hilāl dan Fungsinya dalam Pengembangan Hukum Islam Busyro Busyro
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Ḥisāb and ru’yat always be warm conversations when there is an early determination of Ramadhan and Shawwal. At that time, there are always two camps of scholars in reacting, the scholars who hold on to ḥisāb (calculating the calendar) on one side, and on the other hand hold to ru’yat al-hilāl (seeing the moon directly). This in turn often leads to time differences in setting the beginning of the month among Muslims. With the aim to unite the people in starting their worship, some scholars try to understand the texts of these traditions about ru’yat al-hilāl by trying to find the 'illat (reason) of the laws of hadiths about ru’yat al-hilāl. Their study of the 'illat law resulted in the conclusion that the ru’yat al-hilāl is only a suitable means for the people that time and may not suitable for Muslims in this modern era. Therefore Muslims must use other wasīlah (means) which further guarantee the realization of the purpose of law, namely modern astronomy. The conclusion of the law from the side of the discovery of ‘illat seems to be less suited to the purpose of ta'līl al-aḥkām, is to establish textual texts in addition to discovering the forms of development of the texts.

Ruler of Interests, Political Interests, or Law Enforcement: Case Study of Amnesty Plan for Din Minimi Group in East Aceh Yusi Amdani
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

The aim of this paper is the concept of the settlement of criminal cases committed Din Minimi Group. The amnesty is the prerogative of the President specified in the Constitution of 1945. Amnesty NRI is a form of pardon to political prisoners to be free from legal sanctions. The legal basis for amnesty stipulated in the Emergency Law No. 11 of 1954 on Amnesty and Abolition. The method used in this paper is a conceptual approach. Related to peace efforts in Aceh, the President has issued Presidential Decree No. 22 of 2005 on Amnesty and Abolition against GAM members. Once that happens again insurgency by Din Minimi caused dissatisfaction with the policy of the Governing of Aceh. Counterinsurgency is done by giving amnesty to the group Din Minimi so willing to surrender. When viewed in this aspect of the law, amnesty if forced to give to Din Minimi, it is destructive to the prevailing laws in Indonesia. Do not rule out the possibility of regulation will hit Indonesia polemic, so the solution had to pay attention to various aspects of both of the victim, the offender, and the community by not disregard the rule of law and justice.

Hukum Islam dan Patronase dalam Penentuan 1 Ramadhan di Bungong Keumang Cut Rahma Rizky; Agus Nurhadi
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

In 2017, people in Bungong Keumang village started fasting on Thursday, and they did not follow the government's decision to start fasting on Saturday. They prefer to follow the decisions of religious leaders who often overtake fasting, up to 2-3 days. This difference with the government has been going on for a long time, and almost every year has happened. This paper answers the question of why people in Bungong Keumang prefer to follow the decisions of religious leaders in starting Ramadhan fasting rather than following government decision? With in-depth interviews, answers were obtained that the choice of the community was more due to longstanding social patronage relations based on the exchange of values between religious leaders (patrons) and worshipers (clients) that are mutually beneficial to each other. The determination of 1 Ramadhan which is an area of Islamic law is an 'important arena' to strengthen patronage relations. However, at present the client's obedience to patrons is also shifting. The community is increasingly rational in making choices, access to information is also getting easier, and power relations are also decreasing, so the determination of 1 Ramadhan will become stronger into the area of astronomy and Islamic law.

Dīnāmikiyyah Jam’iyyah Nahḍah al-‘Ulamā’ fī Ithbāt Awā’il al-Shuhūr al-Qamariyyah bi Indunīsiyā Wildani Hefni
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

As a largest muslim organization in Indonesia, NU has been admitted as an innovative pioneer of both hisāb and ru’yat studies which has also been academically necessary in the history of hisab and rukyat studies in Indonesia. According to NU’s perspective, the year of 1984 was officially pointed to become the beginning of hisāb and ru’yat movement which is symbolized by the establishment of Lajnah Falakiyah (the agency of Islamic astronomy study) of Nahdlatul Ulama. This research aims at knowing the extent of the dynamical discourse of NU in the development of hisāb and ru’yat inquiry in Indonesia which its result has shown that within 1984-2000 there was a strained relation between NU and Indonesian government in understanding the concept of Islamic lunar month as it can be seen in a lot of differences in the determination of the initial and final month of qamariah. Meanwhile, in the aftermath of 2000s, the relation between both has dynamically walked in the effort of unification in determining the beginning and end of qamariah month.

Home Page

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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

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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

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