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Erie Hariyanto
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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 10 Documents
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Search results for , issue "Vol. 6 No. 1 (2011)" : 10 Documents clear
PEMIKIRAN TAFSÎR MESIR MODERN J.J.G JANSEN (Telaah atas Karya J.J.G.Jansen The Interpretation of The Koran in Modern Egypt) Abu Bakar Abu Bakar
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.297

Abstract

Abstract: Jansen is a researcher that classifies the work of interpretation (tafsîr) into: firstly, an interpretation adopting a modern science but not oppose against the holy Quran, it is called tafsîr  al-‘ilmî. Secondly, an interpretation that is designed to help reader understand the holy Quran or philological interpretation (al-tafsîr  al-lughawî). Thirdly, an interpretation dealing with the Muslim deed and it is called practical interpretation (tafsîr  al-adabî al-ijtimâ’î). Jansen is about to display a short description that covers the answers of explanation inadequacy of the previous researchers’ studies. He mainly clarifies  the history of interpretation and western studies on interpretation developing in Islamic world. As a matter of fact, Jansen’s view is majorly a kind of beginning critical of his attention on interpretation. He focuses the research object on the interpretation of Muhammad Abduh, then he compares it to the other intrepretations that are considered up to standard to be classified into his work of interpretation.   Key Words: al-Qur’ân, tafsîr, dan Jansen  
HADÎTS SEBAGAI LANDASAN PEMBENTUKAN TRADISI ISLAMI Karimullah Karimullah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.298

Abstract

Abstract:   Hadîts both of as basic of Islam law, in the implementation be sure as basic in daily life, that it will appear many dialectics between Hadîts with a local tradition and culture what have been present in the society, even it has been strong roof in the society. Because of that, in this discussion, it will discuss about the function of hadîts in acomodation various of tradition in society, in order to appropriate theory of Islam. The problems what becom main study in this working paper, that is: the first, what are the forms of interaction hadîts in context with tradition in society. Second, context pattern what can connected between both of them. In order to, in acomodation process or Hadîts aculturation into locak tradition in society don’t make trouble what more become wide and dangerous. Until development local culture-tradition what in the society we able to build agree with theory of Islam. Some concept what can be solution, when we want to development Islamic studies especially in Indonesia. That aculturation process between Hadîts and tradition culture what have been development in society become harmonie one of unity, with apply four context system, that is islamization, pribumization, negotiation, and tolerance. And the last will formed a construction process and aculturation of local traditions what is not appropriate with theory of Islam become a tradition Islamic.   Key Words: Hadîts, tradisi, Islamisasi, pribumisasi, negosiasi, dan toleransi  
MAQÂSHID AL-SYARÎ’AH AL-SYÂTHÎBÎ (Sebuah Upaya untuk Menyingkap Tujuan Asasi Formulasi Hukum Islam) Abdul Jalil Abdul Jalil
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.299

Abstract

Abstract: The al-Qur’ân is the only source of law by muslims believed to contain the rules guidelines and guidence to live in the word and the hereafter. Understand it (al-Qur’ân) requires a skill as well expertise, especially in the filed of linguistics  (rule lughâwiyyah) so as to understand the meaning of the word of god as defailed in the al-qur’ân. But god’s law is written in mushhaf sheets are also has the meaning that can be understood from what is implied  behind the text, a fundamental goal (maqâshid al-syarî’ah) of legal provisions in nashshîyyah. In the article the author wants to give an alternative understanding of the idea of a reformer of islamic legal thought that al-Syâthîbî in maqâshid al-syarî’ah outlines in his monumental work. Entitled al-muwâfaqât fî usûl al-syarî’ah . Whit this idea, the observer of islamic law is expected in understanding the law of god is not mely because there is an assessment tekts, but also expected more attention to and consider the fundamental purpose of the establishment of law of god. Key Words: al-Qur’ân, maqâshid al-syarî’ah, al-Syâthîbi, dan mashlahah
OPTIMALISASI BANK SYARI’AH MENUJU GOOD CORPORATE GOVERNANCE Fahrur Ulum Fahrur Ulum
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.300

Abstract

Abstract: Syarî’ah banking must be optimized earnestly to fulfill the stakeholders interest. The effective implementation of cooporate governance would realize the goal of fairness, accountability, and transparancy.  There are several prior focus of this system manager: basic concept and problems of cooperate governance in syarî’ah banking, the pillars of implementation, and the mechanism.  As a result, to create an effective  cooperate governance of syariah banking, the following aspects must be urgently required: a contract clarity, market discipline, moral dimension, socio-political atmosphere,  law enforcement, and institution. Board of directors, senior management, stockholders, and depositors have important roles to establish the  harmony of syariah banking development. The stakeholders  are directly connected to the mechanism of cooperate governance of syariah banking. Key Words: corporate governance, bank syari’ah, stakeholders, dan mudlârabah
ENVIRONMENTAL-BALANCED SCORECARD DAN ETIKA BISNIS ISLÂM (Suatu Sintesis Manajemen Strategi dalam Persaingan Global) Rudy Haryanto Rudy Haryanto
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.301

Abstract

Abstract: Business activity is an integral part of economic discourse. Islamic economy system starts from ethical awareness. For its viability, a company runs an old fashioned-management, it is a material-prosperity attainmnet oriented. However, it results a social contradiction. In Islamic ethic, a business must combine material and moral indicators emphesizing profit and expediency harmonies. Islamic business must be on the basis of natural and human resources that is moved by a motivation of dynamic devotion. Thus, it is  significant to have a management strategy that are religious, morality, and humanity oriented. Furthermore, the paradigm change that company goal maintaining the financial aspect change into social and environmental aspects is certain.   Key Words: Manajemen srategis, etika, perusahaan, lingkungan, dan Balanced Scorecard
PERBANDINGAN AKUNTANSI MUDLÂRABAH MUTHLAQAH DAN MUSYTARAKAH DALAM PERBANKAN SYARI’AH Sri Handayani Sri Handayani
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.302

Abstract

Abstract: In business, transaction records is very important. An accurate accounting record displays the true description of a business, nevertheless, it must anticipate a public norm. It has been stated on the Holy Quran at verse of al-Baqarah (2): 282 that the command of adminstration order, and transparancy, have been repeated for about five times. This is about to clarify how the accounting treatment of mudlârabah muthlaqah and mudlârabah musytarakah must be written. The both have a distinctive caharacters that must be separated to each other to figure out the correct portion of devidend based on the applied agreement. Mudlârabah muthlaqah is a mudlârabah-base management, the investor gives an authority in financial management. Meanwhile, mudlârabah musyatarakah has been the combination of mudlârabah and musyarakah   Key Words: Akuntansi, mudlârabah, mudlârabah mutlaqah, dan mudlârabah musytarakah
EDUKASI MARKETING BANK SYARÎ’AH Wadhan Wadhan
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.303

Abstract

Abstract: Marketing is a significant aspect to increase consumer trust. Hence, it is essential to educate the consumer with the lesson of the importance of syarî’ah products concerning the marketing aspects. In fact, many banks serves the customer with syariah service in Indonesia.  The basic concept of spiritual marketing is the managements of creation, taste, heart and work (the implementation). Those concepts are under the guidence of faith integrity, obidience, and loyality to Allâh swt. The key of ethics and moral of business is truly placed on the doers. A Muslim busines manager must hold tightly the ethic and moral of business that cope –khusn al-huluq, trusty, dan tolerant. There are three marketing strategies of syariah banking; marker driven strategic, viral marketing way, and fish net strategy. Element of  mega marketing that had been intruduced by Rasûlullâh since the fifteenth century, and now can be adopted to any kinds of businesses including syariah banking. Key Words: Marketing, Marketer, dan Mega Marketing  
MENYOAL KONSEP MURÂBAHAH DAN BAY’ BI TSAMAN ‘AJIL DALAM PERBANKAN ISLÂM Holis Rahbini Holis Rahbini
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.304

Abstract

Abstract: In Indonesia,  Syarî’ah banking is not genuinely born from the “womb” of Islam. However, it is the result of the interference of western system and converted from conventional bank. This article is to describe the terms of Murabahah and bay’ bi tsaman ’ajil conceptually and substantially. In fiqh, the term of murabahah and  bay’ bi tsaman ‘ajil are derived from the word bay’ (purchase and sale), yet the term seems ambiguous from the perspective of product of banking. Consequently, it turns up a doubtful concept if it matches conceptual and substantial term. Theoretical concept of murabahah and bay’ bi tsaman ‘ajil is not as simple as the practical one. The practical apllication of murabahah and bay’ bi tsaman ‘ajil is in a dilemma: firstly, in Islamic banking murabahah and bay’ bi tsaman ‘ajil function as financial facilitator not a finacial vendor. This is alike to conventional banking. Secondly, in the transaction of murabahah and bay’ bi tsaman ‘ajil, the credit system appears, unfortunately, it refers to the rate of interest. Key Words: Murâbahah, bay’ bi tsanam ’ajil, bunga, dan bank konvensional
LANDASAN HUKUM POSITIF PEMBERLAKUAN HUKUM ISLÂM DI INDONESIA Eka Susylawati Eka Susylawati
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.305

Abstract

Abstract: Islamic law has been valid since a long time ago in Indonesia and it expriences dynamical effect since the era of ancient kingdom, colonialism, and post-independence. The population of Muslim is major, it reaches more  than 200 hundred millions people. This becomes sociological and functional considerations to the validity of Islamic law in Indonesia. For the shake of effectiveness, efficiency, and Muslim aspiration fulfillment, it seems feasible to adopt Islamic law as a part of public law. Indonesia is not a secular country, it is not necessary to seperate religious and statehood affairs. In advance, Islamic law has been partly adopted and it inspires the Indonesian legislation. Key Words: hukum positif, hukum Islâm, dan fiqh
PEROLEHAN TANAH DALAM PENGADAAN TANAH BERSKALA KECIL Urip Santoso Urip Santoso
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 6 No. 1 (2011)
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.v6i1.306

Abstract

Abstract: Government is a side or party that needs land in terms of trivial scale of land provision. The way of land acquisition  in trivial scale must pass through the way of referential settlement release by the land owner. It is not allowed to have it by purcahsing and saling and also exchanging. The later way of land acquisition   cannot be done due tp in adequacy of term of material  of purcahsing and saling as well as exchanging.   Key Words: Pengadaan tanah, berskala kecil, jual beli, tukar-menukar, dan pelepasan hak atas tanah.

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