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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 371 Documents

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The Contribution of Islamic Bank in Poverty Alleviation Nugroho, Lucky; Mastur, Akhmad Amien; Harnovinsah, Harnovinsah; Aryanti, Widya
Al-Ahkam Volume 30, Nomor 1, April 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

The existence of Islamic banks as one part of Islamic financial institutions should contribute to improving the economy, one of which is to reduce poverty. Therefore, the purpose of this study is to investigate the effect of financing variables, asset variables, and Islamic bank office variables on poverty levels. The sample used to be Islamic Commercial Banks (BUS) in the 2013-2017 period, with a total of 110 samples. The methodology used is quantitative with multiple regression statistical analysis and statistical data processing using SPSS software version 20. The results of the study note that financing has a negative and significant effect, namely, the higher the financing of Islamic banks, it will reduce poverty. However, the total assets and the number of networks that have a positive and significant effect, namely the increase in total assets and branch networks, it will affect the increasing amount of poverty. That is because the assets of Islamic banks are supported by the majority savings and the not optimal yet of distribution of financing from Islamic banks to the community. Also, the existence of the Islamic branch office tends to be found in provincial capitals and big cities, so that the communities in rural and remote areas are still not reached by Islamic banks.

Perdagangan Orang dalam Perspektif HAM dan Filsafat Hukum Islam Mustafid, Fuad
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Human trafficking becomes a new phenomenon in the modern century although its root has been existing since the ancient Greek era in the form of slavery. This crime currently occurs in many countries, as well as Indonesia. The government of every countries has tried to abolish the practice of human trafficking, but the results have been unsatisfied. Many people have become the victims of human trafficking and this phenomenon seems to continue to this day. This research aims to study about human trafficking phenomena based on the human right perspective, legislation in Indonesia, and the philosophy of Islamic law. By this study, it is clear that the practice of human trafficking becomes a part of humanity crimes that contradicts to human right and Indonesian legislation, and it is also contradicted to Islamic Sharia because it emasculates the basic human right as a freedom human being.

Tracing the Genealogy of MaqÄá¹£id al-SharÄ«'ah Concept: A Historical Approach Tajrid, Amir
Al-Ahkam Volume 31, Nomor 1, April 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This paper aims to explore the emergence, continuity and shifting of the meaning of maqÄá¹£id al-sharÄ«â€™ah. Initially, maqÄá¹£id al-sharÄ«â€™ah entered into the study of uá¹£Å«l al-fiqh and later became an independent scientific discipline. Historically, the journey of maqÄá¹£id al-sharÄ«â€™ah has four periods, namely, the pre-codification era, the first development era, the second development era, and the maturation era as a scientific discipline. This paper is qualitative with a descriptive-analytic method, namely exploring the concept of maqÄá¹£id al-sharÄ«â€™ah in various literature. The findings in this paper are, first, the history of the emergence and development of maqÄá¹£id al-sharÄ«â€™ah is closely related to the enforcement of Islamic law. Second, the continuity of maqÄá¹£id al-sharÄ«'ah is an ideological concept because it is based on the prevailing paradigm

Al-â€˜AlÄmah al-TijÄriyyah wa á¸¤imÄyatuhÄ fÄ« al-QÄnÅ«n al-IndÅ«nÄ«sÄ«: DirÄsah Fiqhiyyah TaqwÄ«miyyah Haq, Husnul; Arif, Arif Ali
Al-Ahkam Volume 30, Nomor 2, Oktober 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

The trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishment

The Existence of the Statement of the Companions (FatwÄ á¹¢aá¸¥Äba) and its á¸¤ujjah in Islamic Legal Thoughts Pongoliu, Hamid
Al-Ahkam Volume 29, Nomor 2, Oktober 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

FatwÄ á¹£ahÄba can be used as á¸¥ujjah (proof) even though the ulama (scholars) have different opinions regarding its validity. The ulama categorize the Companionsâ€™ fatwÄ as one of the sources of law decision which is still being disputed about the validity. It is different from the Qur'an, Sunnah, IjmÄâ€™, and QiyÄs that have been agreed by the most of the scholars as a source of Islamic law. The Companionsâ€™ fatwÄ has an influence on the development of Islamic law thought which can be substantially equated like a fiqh, because it is the result of istinbÄá¹ (efforts to extract the áº“annÄ« (speculative) sharia law from original sources through the mobilization of all natural reasoning abilities) and the results of the Companions ra'y (establish a law of contemporary problems that have not been found in the Qurâ€™an and hadith) which have been codified according to the particular mazhab. Therefore, the Companions fatwÄ is the result of the ijtihad of the Companions as ulama of the previous generation and became the á¸¥ujjah of the ulama until today who have colored Islamic law thought, such as fatwÄ of AbÅ« Bakr, Umar, â€˜UthmÄn, â€˜AlÄ«, â€˜AbdullÄh Ibn â€˜AbbÄs, â€˜AbdullÄh Ibn Mas'Å«d and other Companions. At least the fatwÄ á¹£aá¸¥aba can be used as á¸¥ujjah in istinbÄá¹ of islamic law when new problems arise, and no proposition is found in the Qur'an and hadith.

Social Fiqh and Its Implications for Community Life in Society 5.0 Rasyid, Arbanur
Al-Ahkam Volume 31, Nomor 2, Oktober 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This paper aims to analyze and examine the developmental model of social fiqh in the era of society 5.0 and its implications for the social life of modern society in the 21st century AD. The research method uses a literature review by collecting various appropriate and supportive literature on social fiqh studies, such as the works of KH Sahal Mahfudz and KH Ali Yafi. The study results show that social fiqh in the 5.0 era will increase the ease of access and progress in people's lives concerning social, cultural, economic, and political issues by prioritizing the values of the public benefit. The development of social fiqh in the era of society 5.0 is a step to alleviate the increasingly complex problems of the people. Social fiqh also educates and guides humans to become advanced, independent, prosperous, tolerant, moderate, balanced, and just human beings.

Review of Equity Crowdfunding Practices through Santara.id in the Perspective of Islamic Economic Law Octaviani, Rahma; Pamesti, Pas Ingrid; Heradhyaksa, Bagas
Al-Ahkam Volume 31, Nomor 2, Oktober 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This article aims to find out the mechanism of equity crowdfunding through the santara platform from Islamic economic law. This article uses a qualitative method using library data. This article finds that santara.id is an intermediary between investors and issuers in developing a business. The scheme is similar to the muá¸Ärabah contract, the investor is identical to á¹£Äá¸¥ib al-mÄl, and the issuer is identical to the muá¸Ärib. However, this activity cannot be considered as muá¸Ärabah cooperation because there has been no concrete agreement regarding the muá¸Ärabah agreement. This article provides suggestions so that santara.id can further develop the platform's promotion in the community. It is because santara.id can provide investment services for the middle class, both as investors and issuers.

The Enforcement of MUI Fatwa Number 1 of 2003 concerning Copyright for Merchants Selling Pirated VCD and DVD in Manado City Willya, Evra; Maronrong, Ahmad B. Bintang; Mokodenseho, Sabil
Al-Ahkam Volume 31, Nomor 2, Oktober 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This article aims to determine the enforcement of the MUI Fatwa Number 1 of 2003 concerning Copyrights for Muslim merchants selling pirated VCDs and DVDs in Market 45, Manado City. A qualitative method with observation, interview, and documentation techniques was used to analyze the data. Of the six Muslim traders interviewed, the results showed that the MUI fatwa enforcement was ineffective due to the lack of socialization and evaluation of merchants. Also, the merchants did not stop selling pirated products because they lacked religious understanding and awareness and lived below the poverty line. At the same time, the authors' economic rights become a barrier to the public in accessing the product because it is valued beyond the ability of consumers. This study suggests that the MUI ought to pay attention to the economic balance between the authors' economic rights and the public, such as merchants.

MaqÄá¹£id al-SharÄ«â€™ah Values in al-MÄwardÄ«â€™s Concept of the Caliphate Pramono, Muhamad Fajar; Sahidin, Amir
Al-Ahkam Volume 31, Nomor 2, Oktober 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This article aims to reveal the values of maqÄá¹£id al-sharÄ«'ah in al-MÄwardÄ«'s concept of the caliphate. He emphasizes the relationship between politics and maqÄá¹£id al-sharÄ«'ah, both of which aim to realize the benefit. Through literature study using the descriptive-analytical method, this paper finds that his basic concept of the caliphate is influenced by his understanding of maqÄá¹£id al-sharÄ«'ah, including maqÄá¹£id al-imÄmah, wasÄ«lah legal status, and maá¹£laá¸¥ah rules. All three are criteria and conditions that a leader meets. He succeeded in formulating a series of prerequisites for a leader to realize the benefit of the people. These prerequisites are in line with the substance of maqÄá¹£id al-sharÄ«'ah.

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

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.

Page 18 of 38 | Total Record : 371

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Waldi Nopriansyah

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alahkam@walisongo.ac.id

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Faculty of Sharia and Law Jl. Prof. Hamka Kampus III Ngaliyan Semarang Jawa Tengah Indonesia Postalcode: 50185

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Jawa tengah

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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