Al-Ihkam: Jurnal Hukum dan Pranata Sosial
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.
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<![CDATA[ABÛ ISHÂQ IBRÂHÎM IBN MÛSÂ AL-SYÂTHIBÎ AND HIS OPINION ON THE DICHOTOMY OF ‘IBÂDÂT AND ‘ÂDÂT IN ISLAMIC LAW ]]>
<![CDATA[Jamal Abdul Aziz]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.714
<![CDATA[Abû Ishâq Ibrâhîm ibn Mûsâ al-Syâthibî (d. 790/1388), or who is known as al-Syâthibî, is one of the most famous fuqahâ’ in Maliki sect. When he was living in Granada in the thirteenth century, he faced a wide scale of social, economic, and cultural changes. At the same time, the teaching and practice of tasawwuf influenced the tendency of thinking of Islamic law. The big change supported him to formulate his philosophy of Islamic law. Mashlahah (mashâlih), as the main purpose of maqâshid al-syarî’ah, is the main concept of philosophy thinking in Islamic law that he built. The dichotomy of ‘ibâdât and ‘âdât contains the representation of fixed aspects which in one side is the teaching of worships (rites), and on the other side is the dynamic aspect from the Islamic law. ‘Ibâdât asked for a pure obedience from a human with the way has been specified by the God, while ‘âdât can receive any possible changes.Copyright (c) 2015 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.714 ]]>
<![CDATA[MEANING OF PROPOSING DIVORCE IN TUBAN REGENCY OF EAST JAVA (Matrilocal Residence in Proposing Divorce) ]]>
<![CDATA[Ulin Na`mah]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.715
<![CDATA[The availability of nafkah (money given by husband to his wife for household expenses) in family life often becomes a source of conflict. Moreover, nafkah often becomes a reason for husband and wife for divorce. This is due to the obligation for providing nafkah is relied on husband (man) rather than wife (woman). Yet, on the one hand, “nafkah relied on husband” is often used by husband to powerfully control over his wife. On the other hand, in a culture of matrilocal residence (in wife’s home with her parents), “nafkah relied on husband” can be also used by wife to powerfully control her husband and this becomes a means for woman to subordinate and oppress her husband. Furthemore, for both husband or wife, “nafkah relied on husband” may often becomes a trigger to divorce. Therefore, it is important to redefine such strict division of gender role and contextually give more priority to equality in gender role in households life.Copyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i2.715]]>
<![CDATA[PERAN STRATEGIS PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA EKONOMI SYARI`AH ]]>
<![CDATA[Andi Fariana]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.720
<![CDATA[One of the factors that give the highest contribution in the growth of national economy is the growth of sharia economy. The fast growth of sharia economy makes a dispute settlement is one of the thing that has to be noted. Religious courts as a litigation institution that have the absolute authority based on Undang-Undang Peradilan Agama and enforced with the Keputusan Mahkamah Konstitusi No. 93 Tahun 2012 have the advantage and obstacles on its own, from the perspective of the history of the existence of religious court or from the perspective of sharia economy dispute settlement authority. The research of history of religious court in Indonesia and research on the advantages and obstacles of religious courts in carrying out the absolute authority has bring forth a conclusion that the appointment of religious courts as the institute that have an absolute authority in dispute settlement of sharia economy is very precise but needs to be enforcement from the institutional and human resource aspect. It also needs to be supported with the release of religious court law proceedings and the consideration to appoint an ad hoc judge to develop a faster justice system.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.720 ]]>
<![CDATA[IMPLIKASI PERDEBATAN TENTANG BASMALAH ATAS KEMUTAWATIRAN AL-QUR`AN ]]>
<![CDATA[Mohammad Zahid]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.721
<![CDATA[The ulama agreed that the inclusion of all sentences in the Qur`an must be based on riwâyat which is mutawâtir, so the truth can be guaranteed (qath`î wurûd âyi al-Qur'ân). It also happened to the word basmalah which always comes in the beginning of the Surah. Therefore, Maliki school refused to state that basmalah as the Qur`an’s sentence, because of the existence of some riwâyat ahâd which informed two different things: it is a part of the Qur`an and it is not. Actually riwâyat ahâd cannot be used to include a text to be a sentence of the Qur`an or to refuse it. While the majority of ulama’s point of view is not only based on some ahâd histories which stated that basmalah is a sentence of the Qur`an. The history facts in the process of jam`u al-Qur'ân (the gathering of the Qur`an) from the era of the prophet/Rasulullah, the year of Abû Bakr to the standardization of the Qur`an in the year of Utsmân bin `Affân confirmed that the companions of the prophets would never include or refuse a sentence, if it was only based on the ahâd history although its quality was shahîh. Therefore, the determination of the word of basmalah as a statement of the Qur`an, should not be based on the ahâd history only, but also supported with ijmâ` of the companions to the existence of Mushhaf Utsmânî or which is known as the source of history of mutawâtir `amalî.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.721]]>
<![CDATA[ISLAM PROGRESIF VERSI ABDULLAH SAEED (Ikhtiar Menghadapi Problem Keagamaan Kontemporer) ]]>
<![CDATA[Fathurrosyid .]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.722
<![CDATA[This article dissects the Abdullah Saeed’s notion on Progressive Islam. According to him, progressive Moslem is someone or a group that believes that the socio-religious changes in the contemporary era will not find a solution if the old paradigm of the methodology in the form of devices, without the integrative-interconnective process performed with contemporary scientific disciplines. Therefore, there is a substantive difference between the contemporary problems and the classical problems. In this regard, Saeed offers seven methodologies reinterpret religious texts. First, give attention to the context and dynamics of the socio-historical. Second, realize that there are some topics that are not covered by the Qur because the time has not arrived at the time of the decline. Third, realize that every reading of the scriptures should be guided by the principles of compassion, fairness and honesty. Fourth, know that the Qur recognize a hierarchy of values. Fifth, knowing that it is allowed to move from one concrete example of the generalization. Sixth, should be careful in using other texts of the classical tradition, especially with regard to its authenticity. Seventh, the main focus on the needs of contemporary Moslems.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.722]]>
<![CDATA[MENIMBANG KEUMUMAN LAFZH ‘ÂMM DAN MUTHLAQ DALAM MENGUNGKAP MAKNA NASH SYAR’Î ]]>
<![CDATA[Abdul Jalil]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.731
<![CDATA[Understanding what is desired by Allah from the texts of the Qur’an that which is essentially many debatable than the immutable have led to a variety of concepts generated by the ushûliyyûn, like ‘âmm and muthlaq. These two concepts are very numerous and often intersect in the texts of the Qur’an, because the sturcture of the words on the legal source are mostly composed of ‘âmm and muthlaq words. Both have the differences and similarities in coverage breadth of its meaning. First, differences can be seen in the ‘âmm word covering the whole meaning of syar'î texts has many forms and varieties. While the muthlaq word consists only of nakirah word both singular and plural form. The other hand, the difference that in generality of ‘âmm is syumûlî and generality of muthlaq is badalî. In addition, the generality of ‘âmm from afrâd side (components), while the generality of muthlaq is from characteristic side. Secondly, the range of ‘âmm word is wider than the muthlaq word, due to the shape and variety of ‘âmm word more than the muthlaq word, ‘âmm word able to spend the amount of units more than the muthlaq word since the generality ‘âmm word on the side of component units, while the generality of the muthlaq word located on the side of characteristic.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.731]]>
<![CDATA[DARI ‘MUHLAL’ HINGGA ‘MUHRABI’ (Tipologi Pemikiran Hadits Hisab-Rukyat di Kalangan Muhammadiyah) ]]>
<![CDATA[Ali Imron]]>;
<![CDATA[Syamsul Hadi]]>;
<![CDATA[Syamsul Anwar]]>;
<![CDATA[Agung Danarto]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.733
<![CDATA[This paper corrects the assumption which thinks that Muhammadiyah is a social organisation which putting forward the absolute hisab in deciding the beginning of the month. By using typology and analytical descriptive method in undestanding the dynamic decision and determination of the beginning of Hijriyyah months (especially Ramadhan, Syawal, and Dzulhijjah). Thus, the paper shows that actually in Muhammadiyah there are various hisab-rukyat tipology of thinking. There are six kinds hisab-rukyat tipology of thinking in Muhammadiyah. They are (a) 'Muhlal' group (Muhammadiyah-Wujudul Hilal); (b) 'Muhkayat' group (Muhammadiyah-Imkanur Rukyat); (c) 'Muhpem' (Muhammadiyah-Pemerintah); (d) 'Muhyata' ('Muhammadiyah-Rukyat Semata); (e) Muhijar ('Muhammadiyah-Ijtima' Qabla Fajar'), (f) ‘Muhrabi’ (Muhammadiyah-Arab Saudi). Each group represent the tendency and non-single dynamic in understanding Hadits of the prophet in deciding the beginning of the month. This is very interesting to analyze because the dynamic did not happen in any other social organizations which tend to be similiar in deciding the beginning of the month. As a social organization which is not only big in quantity but also in quality with many rational Muhammadiyah followers/youngster, the different way of thinking will still happen although the main stream will still be hold or even won by certain group.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.733]]>
<![CDATA[PENERAPAN SYARI’AH DI NEGARA MODERN (Analisis Ijtihad Pemikiran Abdullahi Ahmed An-Na’im) ]]>
<![CDATA[Ahmad Bahrur Rozi]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.734
<![CDATA[Islam is a holistic religion. It means that Islam is a religion which does not only focus on the vertical relation between humans and God but also contains rules of horizontal relation between man and man. Laws with social characteristic lead to the existence of a power as the doer, such as the application of all the punishments and public rewards (al-hudûd wa al-'uqûbât). This article analyzes the thought of Abdullahi Ahmed An--Na’im about syari’ah reformation which is relevant to the constitutionalism standard, criminal law, international law and modern human right, a vision of “syariat modern” which is suitable with the nation state concept which beyond the offering of the Nation of fundamentalist syariah and the offering of Modern Islamic Nation. The method used by Abdullahi Ahmed An--Na’im is the renewal method which is said as legalized evolution with hermeneutic as the main tool to reach the purpose and normative implication of the text as al-Qur’an. According to Abdullahi Ahmed An--Na’im, the failure of syari’ah application in modern country caused by the crisis on the traditional syari’ah methodology which became its base. Therefore, new syari’ah formulation is needed to be built on the new base. Naskh concept which is initiated by An-Na’im is for answering this crisis.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.734]]>
<![CDATA[FORMULASI BARU EPISTEMOLOGI FIQH PEREMPUAN ]]>
<![CDATA[M Noor Harisudin]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.735
<![CDATA[Though the world has changed, factually, our fiqh marginalizes women and not critical of social inequality among women. The social system is no longer a patriarchal, but it’s more based on gender equality. Therefore, the existence of more moderat and friendly fiqh for women should be realized. Fiqh should be designed with epistemology based on the mashlahah of women. This article proposes a new formulation towards epistemology of women fiqh and/ or new ushul fiqh which are really friendly towards women. This article recommends that the formation of Islamic law which is tends to neglect women is a sine qua none. Reform must be arranged through the epistemological realm, methodology, and product of women fiqh. All the three go hand in hand with its main core to potitioning the women in equal place. Thus, product of women fiqh that is better suited to the changing places and times will become a true.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.735]]>
<![CDATA[MAKNA KERJA BAGI PENGUSAHA KECIL MUSLIM DI TENGAH PERKEMBANGAN BISNIS KULINER ]]>
<![CDATA[Muhammad Djakfar]]>
<![CDATA[ AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 10 No. 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v10i2.736
<![CDATA[The emergence of small business enterprises has shown an inevitability to support economic power in a country, even in Indonesia. There are so many labors that are included in this small business enterprise so that their existence becomes stabilizer and dynamic maker, either in a stable or emergency condition of the country’s economy. This research is trying to understand the meaning of working to Moslem’s small business enterprises and to know their motives in developing their business and also their marketing management and their human resource construction that they have done. This research uses qualitative approach, phenomenology for exact. While the data taken from deep interview, participant observation, and documentation. The result shows that the motives of developing their business is because of spiritual factor and also hobby. The marketing strategy is done through advertising, joining the scientific forum, and opening new branches. The employees’ construction is done humanely and with good attitude, while the meaning of “working” to the workers is as a means of worship, economy, relationship, education, and da’wah.Copyright (c) 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.736]]>
