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Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Published by Institut Agama Islam Negeri Madura
ISSN : 1907591X     EISSN : 24423084     DOI : https://doi.org/10.19105/al-lhkam.v15i2.2734
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ihkam: Jurnal Hukum dan Pranata Sosial is a high-quality open- access peer-reviewed research journal published by the Faculty of Sharia, Institut Agama Islam Negeri Madura, Pamekasan, East Java, Indonesia. The focus is to provide readers with a better understanding of Islamic Jurisprudence and Law concerning plurality and living values in Indonesian and Southeast Asian society by publishing articles and research reports. Al-Ihkam specializes in Islamic Jurisprudence and Indonesian and Southeast Asian Islamic Law and aims to communicate original research and relevant current issues. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussion over current developments on Islamic Jurisprudence and Law concerning Indonesian and Southeast Asian plurality and living values. Publishing articles exclusively in English or Arabic since 2018, the journal seeks to expand boundaries of Indonesian Islamic Law discourses to access broader English or Arabic speaking contributors and readers worldwide. Hence, it welcomes contributions from international legal scholars, professionals, representatives of the courts, executive authorities, researchers, and students. Al-Ihkam basically contains topics concerning Jurisprudence and Indonesian and Southeast Asian Islamic Law society. Novelty and recency of issues, however, are the priority in publishing. The range of contents covers established Jurisprudence, Indonesian and Southeast Asian Islamic Law society, local culture, to various approaches on legal studies such as comparative Islamic law, political Islamic Law, and sociology of Islamic law and the likes.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 9 Documents
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Search results for , issue "Vol. 10 No. 1 (2015)" : 9 Documents clear
فقه المصائب والبلايا : (نظرات وحكم في تمكين الأمة وتنظيمها على ضوء النصوص الشرعية) Abdul Mukti Thabrani
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.586

Abstract

The God creates the whole world with laws, design and law of nature that cannot be replaced until the end of this world. Some of the laws are the existence of disasters that is surely given to all human beings and all creatures in this world. It is arranged by the Al-Mighty himself and it becomes the sixth pile of IMAN.  It is also known as believing to the faith, either the good one or the bad one which is suitable with their own portion. This writing is trying to describe deeply and dig about the Fiqh of disasters, in the context of reading the implicit or explicit theorems, as the base and reference in seeing the God’s rule on Earth and as the form of implementation of our believing to the faith that can be done with maximum effort to be a good human being who realizes his function as Khalifah. The last destination is to make people strong and realize about the unity as the strength of Moslems. All the perspectives are framed in the Syariah textuality which comes from Revelation.Copyright (c) 2015 by Al Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i1.586
PENETAPAN `ILLAT AL-HUKM MELALUI AL-MANÂTH DALAM QIYÂS Fahruddin Ali Sabri
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.587

Abstract

One method of legal istinbâth agreed upon by the ushul fiqh scholars is al-qiyâs. In al-qiyâs was appeared some serious problems dealing with the search for al-'illat. Al-'illat as one of the obligation of al-qiyâs occupies the most important position, so that the method of al-qiyâs can be applied in the future correctly, and will give legal decision correctly. In searching for al-'illat, the ushul fiqh scholars use logic of linguistic typically in the search for truth, the other hand they also must be able to impulse, imagination, and creativity in decide on a case, and they are no longer so glued rigidly to the al-qath'iyyah al-dalâlah. One way to look for al-'illat is al-manâth, which divided into three parts, namely tanqîh al-manâth, tahqîq al-manâth, and takhrîj al-manâth. Searching for the truth of qiyâs method stresses on logical translation that sometimes mix with intuition, imagination and creativity. Therefore, qiyâs can go down to the law problems related to the people’s attitude deeper. While al-manath is one of the methods to look for al-illat where the ulama ushul fiqh draw their intuition, imagination, and creations to solve some problems, and they are not too stiff to qath’î theoremsCopyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.587 
POLITIK PEMBERLAKUAN SYARI`AT ISLAM DI ACEH DAN KELANTAN (1993-2014) Khamami Zada
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.588

Abstract

The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia) thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central conflict with the Acehnese in the leadership of Soeharto presidential to the Helsinski Agreement 2005. Some vertical conflicts happened between the central government and the Acehnese were solved by giving special autonomy in applying the Islamic rules. Not only family law and economic law which are given autonomy to be applied in Aceh, but also the autonomy to apply jinâyah Law. In Kelantan, Federal government (Malaysia) did not have political wish to apply Jinayah Law in Kelantan since the leadership of Mahathir Muhammad, Abdullah Badawi to Najib Razak. Moreover the federal government made the issue of the application of jinâyah law as the political commodity to get the political sympathy from the people, who are the partner of non Moslem voters in the national ranks and some Moslem voters who are not affiliated with PAS. This political needs factor is kept by the Federal Government to respond the Kelantan’s government wish to apply Islamic rules.Copyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.588 
UNIVERSALITAS DAN LOKALITAS HUKUM ISLAM A. Malthuf Siroj
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.589

Abstract

Islamic law has two dimensions at once, namely universality and locality. In contemporary Islamic legal thought, there are two trends that contain mutual attraction between the two to bring dimension of locality to the dimension of universality on one side, and vice versa on the other side. As a consequence, there will be two possibilities, absoluteness or relativization of Islamic law. The legal discourse increasingly gains its own intensity in recently in line with the development of science and the use of various approaches in the study of Islamic law. Islamic law that is universally used is called syari`ah. This syariah law is rules of Allah SWT that is produced from texts with qath’î quality either from the side of the existency or the meanings without human beings rasional (ra’y) intervention because those texts are not the object of Ijtihad. Meanwhile, local Islamic Law is called fiqh. It is the law which is produced from texts with zhannî quality and becomes an object of Ijtihad. Because Fiqh is the result of Ijtihad so that it is usual when there are many madzhabs on it. Therefore, this paper will put this issue in proportion to find common ground between the two trends of contemporary Islamic legal thought. So that, it will hopefully clear up us the limits of universality and locality dimension of Islamic law, a focus of this legal discourse.
PEMBARUAN HUKUM ISLAM MELALUI KONSEP AL-TA’WÎL NASHR HAMID ABU ZAYD Akh. Syaiful Rijal
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.590

Abstract

Abu Zayd reconstruct the concept of texts with linguistic approach (al-manhaj al-tahlîl al-lughawî) in the broadest sense, including hermeneutics and semeotics. For Abu Zayd, ta’wîl different tafsir. He looked ta'wil as productive and objective reading as opposed to talwin, which tendentious reading-ideological (qirâ'ah mughridah aydulûjiyyah). The implications of understanding ta'wil of Abu Zayd are: First, there is something missing in understanding the text of the Qur’an, the awareness of the historicity of religious texts, that he is the text linguistics and that language is a social and cultural product. Second, put the text in the context of the Qur'an as a whole. By doing this Abu Zayd hope that the "unspeakable" (implicit) can be disclosed. Therefore, Abu Zayd borrow distinction adil-dhahir about mabda' (principle), qâ'idah (rules), and hukm (law). Qâ'idah is the derivation of Mabda’ and must not conflict with it. Hukm can not be qâ'idah let alone be mabda'. Hukm is specific events and relative. Third, Abu Zayd suggested to a renewal of Islamic law based on the distinction of adil dhahir.
URGENSI TARJÎH DALAM ISTINBÂTH HUKUM ISLAM Ainol Yaqin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.591

Abstract

Tarjîh  is a method tool of istinbâth in Islamic law. The method is formulated by ulama’ ushul to find a bright spot to set Islamic law among the opposite theorems. The existence of the method is very important in choosing strong/pure al-Qur’an texts and Hadits from some of the other Hadits related to the law problems. Therefore, the ulama’ ushul fiqh al-Hanafiyyah, al-Mâlikiyyah, al-Syâfi’iyyah, al-Hanâbilah dan al-Zhâhiriyyah construct steps to take to solve the dead end in ijtihad when they face some contradictory theorems. Al-Hanafiyyah takes four ways to deal with two or more contradictory al-Qur’an texts and Hadits. First, al-naskh (to clear, to cancel), second, al-tarjîh (to strengthen, to favor), third, al-jam’ wa al-tawfiq (to combine, to compromise) and the last is tasâquth al-dalilayn (to break and move to another theorems). While, methods used to deal with the contradictory theorems by al-Mâlikiyyah, al-Syâfî’iyyah, al-Hanâbilah dan al-Zhâhiriyyah is first, al-jam’ wa al-tawfiq bayn al muta’aridlayn bi wajh maqbul (collect and compromise the contradictory theorems from one side), second, al-tarjîh, the third, al-naskh and the last is tasâquth al-dalilayn. Tarjîh can be done by considering some sides, those are, a. Sanad side (The chain of Hadits reader), b. Matan side (Hadits text), c. Law contained in the law side (text or Hadits) and d. translation from other theorems.
DINAMIKA HUKUM ISLAM DI INDONESIA (STUDI ATAS FATWA WAHDAH ISLAMIYAH) Asmuni Mth; Muntoha Muntoha; Ahmad Arif Syarif
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.592

Abstract

Study of the products of Islamic law in Indonesia is often partial and focused on mainstream mass organizations. In fact, the existence of small and local organization that influence the dynamics of Islamic law in Indonesia, such as Wahdah Islamiyah. In response to the problems of the people, especially in South Sulawesi, this organization has been often condemned heretic wing, spreaders heresy and other negative charges. In fact, the style and the formulation of laws formulated emphasizes maqashid al-shari'ah, thus seem more flexible, visible, and dynamic. This negative accusations, is more likely due to political pressure, of the substance of the factors defined legal fatwa. Seeing the dynamic thinking of Islamic laws of community organi zation of Wahdah Islamiyah in its way to formulate some Fatwa by interacting with social, economic, political, cultural, localized, national and global reality is to enforce human beings’ welfare without ignoring nash. The interaction with social reality forms a way of thinking of Wahdah Islamiyah which leads to moderation and inclusive characteristics.
PROBLEM PRAKTIK KHURÛJ BAGI ANGGOTA JAMA`AH TABLIGH DI MADURA Faiqoh Bahjah Lailatus Siyami; Siti Musawwamah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v10i1.593

Abstract

Khurûj is one of the teachings which is tightly attached to Jama`ah Tabligh that ordered all its followers to go out of the district/area to spread amr al-ma`rûf nahy al-munkar in a certain time. The main problem is when the khurûj obligation is faced to Family obligation. Those obligations can create problems when the member of the Jama`ah Tabligh cannot make the obligation to the family and the khurûj obligation balance. One of the examples is the divorce of the member of the Jama`ah Tabligh. The reason of the divorce is because the lack of living cost when the husband did the khurûj. To fulfill it, the wife gets debt from other people and she cannot pay it off. Doing the khurûj is an activity of Jama`ah Tabligh, where a member will be stated as a legal member when he has joined the khurûj. Khurûj concept in its application is devided into 3 phases. The First is 3 days in a month; the second is 40 days in a year, and the last is 4 months in a lifetime. But the theory of the counting is using unknown and unclear base either from Al-Qur’an and al-Sunnah or any other methods of dakwah that applied by Rasulullah. While Jama`ah Tabligh uses Saying from Al-Qur’an as theoretical foundation about khurûj, that is the word “ukhrijat” containing in QS. Ali Imran (3): 110
MEMBEDAH MUSNAD AL-HUMAYDÎ: SALAH SATU MUSNAD HADITS TERTUA Syukron Affani
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 1 (2015)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Al-Humaydî is one of the figures of hadist from Mecca area. He belongs to the main generation as the follower of tâbi`în who lived and gathered with one of the chiefs of fiqh Madzhab, which is Muhammad bin Idris al-Syâfi’î. Thus, al-Humaydî belongs to the earliest ulama of madzhab Syâfi’î. In the knowledge of Hadist, al-Humaydî and his Musnad book becomes the part of the early musnad kitab even earlier than the most popular musnad book by Ahmad bin Hanbal. Although musnad book of al-Humaydî is not the most popular book but this book belongs to the most important musnad Hadist book. Al-Bukhârî as a popular Mukharrij takes Hadist from al-Humaydî with least corrections. Al-Humaydî is the teacher of al-Bukhârî in Hadist and also for fiqh. This proves that the figure of al-Humaydî as the reader of hadist is believable. But, not all the Hadist in the musnad al-Humaydî is shahîh/true. Some of the munqathi’ Hadist which is told by al-Humaydî and al-Bukhârî knew this. This writing is trying to partly introduce and give some notes of al-Humaydî and his musnad. Therefore we will know one of the ancient Hadist books and know the figures of the one who arrange and understand the musnad Hadist book. Kata Kunci:Al-Humaydî , Musnad, Hadits, al-Bukhârî

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