cover
Contact Name
Erie Hariyanto
Contact Email
erie@iainmadura.ac.id
Phone
+62817311445
Journal Mail Official
alihkam@iainmadura.ac.id
Editorial Address
Office Faculty of Sharia IAIN Madura Institut Agama Islam Negeri Madura Jl. Raya Panglegur km 04 Tlanakan, Kabupaten Pamekasan, Jawa Timur, Indonesia 69371
Location
Kab. pamekasan,
Jawa timur
INDONESIA
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.
Articles 374 Documents
PRO DAN KONTRA PENAFSIRAN ZAMAKHSYÂRI TENTANG TEOLOGI MU'TAZILAH DALAM TAFSÎR AL-KASYSYÂF Bustami Saladin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.279

Abstract

In general, the interpretation of the Qur’an is based onthe Sunnah Rasulullah SAW explanation (tafsîr bi alma'tsûr)and the results of the experts thought of ijtihad(tafsîr bi al-ma'qûl) and both must go hand in hand andcomplement each other. Interpretation of the holy versesof the Qur’an have been carried out by the mufassirînfrom various streams such as Sunni, Shi'a and Mu'taziliteand in many ways we see the various differences ofinterpretation that they are doing whether in relation toissues of fiqh, philosophy and related to the verses, andthe different interpretations that they have done issomething that no longer disputed. All the teachings ofIslâm, including about tawhid discussed in the science ofkalam is derived from the Qur’an and the hadits, both ofthe flow Khawarij, Murji'ah, Asy'ariyah, Mu'tazilite, all ofwhich underlie their views with the two-runway, butbecause there are different interpretations of the Qur’anmade by each of these streams then arises the theologicalunderstandings that vary as well.
KONSEP MASHLAHAH PERSPEKTIF MUHAMMAD SA’ÎD RAMADHÂN AL-BÛTHÎ Maimun Nawawi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.280

Abstract

Mashlahah is often made identically with benefit. It hasplaced in one of fields in Islamic law study, especially inushûl al-fiqh. It has a role in determining a debatable lawconclusion. It is also as essence of maqâshid al-syarî’ah thatis needed in every law consideration. The problem ishow to determine a law illah that has mashlahah, and whohas a role in determining and assessing mashlahah, onlyGod (syari’) or mukallafkah, if mukallaf has a right, how farit has its power to determine a mashlahah in certain lawcontext. This writing will give its description.
EPISTEMOLOGI KEILMUAN HUKUM ISLAM (Sebuah Tawaran Konsep Alternatif) Idri Shaffat
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.281

Abstract

This article tries to explain about the study ofepistemological approach to the science of Islamic law,describing the definition of Islamic law, the analyticalmethods of Islamic law science, and the procedures toanalyze the study of Islamic law science. The analyticalmethods of Islamic law science elucidated in this article arein accordance with deductive-coherence method, inductivecorrespondencemethod, phenomenological method, as wellas functional-structural method. While the procedures toanalyze the study of Islamic law science conducted withthree approach that are taxonomy analysis, competencyanalysis, and information processing. Through the analyticalmethods and the procedures of the study of Islamic lawscience, it is expected that the science of Islamic lawepistemologically can be developed as long as the growth ofscience and technology.
WANITA DAN UNDANG-UNDANG (Perspektif Undang-Undang Harta dan Muamalat di Malaysia)* Siti Mashitoh Mahamood
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.282

Abstract

This writing will discuss the problem of women and law thatfocus on anything related with the regulation of treasure andmuamalat in Malaysia nowadays. But this writing will not discussit in detail because of some limitations. Therefore, the writer willonly talk about very important and urgent things to discuss byreferring to the regulation in Malaysia, both Islamic law andconventional regulation.
KAWIN PAKSA (Problem Kewenangan Wali dan Hak Perempuan dalam Penentuan Jodoh) Abu Bakar
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.283

Abstract

Religion teaching is connected with the forms of such as thefreedom of choosing, deciding, and doing or not doingsomething in positive way. Unfortunately, the freedom oftencauses the problem in implementation, such as the freedom ofchoosing or deciding the mate that often ends in the practice offorce marriage. It is a relational problem between parents andtheir children in deciding their children’s mate because both ofthem keep their wish stubbornly that claim as their rights. Theirparents think that they has authority in deciding their mate totheir children because they think ijbar right is theirs. On theother hand, the children also think that they have the right todecide their mate by themselves. Islam protects human rights ineverything including the right to their daughter in decidingtheir mate.
MENGUKUR DAYA PAKSA HUKUM DALAM ISLAM Holirur Rahman
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.284

Abstract

The main characteristic of a law is capacity to force includedIslamic law. Islamic law has God (rabbaniyah) as its source topeople (insâniyah), that all aspects related with peopleconcerned by Islamic law. When Islamic law is in confrontrationwith nation context, so a khilafah or a power that sides with thebenefit and avoids kemafsadatan. It is the first and main purposeof force capacity in Islamic law. Dialectical thinking about Islamin substantif and formality becomes the irrefutable reality. Thefirst way to make Islamic law becomes rahmatan li al-‘âlamînin isactualization from Islamic law that becomes a togethernessincreases people life to be better in all domain both internal andexternal domain.
REINSTRUMENTASI FUNGSI ZAKAT MENUJU PENGENTASAN KESENJANGAN SOSIAL EKONOMI UMAT Juhari -
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.285

Abstract

Zakat is a worship mâliyah ijtimâ’iyah that has very importantand strategic position in empowering and development ofeconomic welfare in society. Because of that, zakat can functionas an instrument of even distribution of society’s economy. Butthis function is not longer felt by the society because of somereasons. The first, the knowledge of society to their treasure thatzakat must be given is limited to the konventional sources. Thesecond, the mechanism of zakat distribution is still traditionalkonsumptif. In such a way, the function of instrumentatif zakatas a media of mental learning mustahiq to put productive wayforward in financing is not reached. Therefore, theunderstanding of society. management and its distributionneed refreshing. This writing discusses how zakat can reallyfunction as the solution of imbalance society’s economy.
TRANSAKSI MATA UANG DALAM PANDANGAN ISLAM Zainal Abidin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.286

Abstract

The trading of money in modern era is very important tocontrol and balance of global economic. Over this system,the procces of global trading are exist and more easier.Baut in other side according to Islamic concept thetrading of maney have to follow the patterns arerecommaded. This article want to explain about thepattern about Islamic concept in the money trading. Theminimal target is may be can give inspiration and spiritin money trading. The target is not impossible if we mantto do effort to do something especially in the system oftransaction, the statement of transaction, etc. To changethe all of methode in the modern/commercial system inthe money trading is imposible but create the newsystem mhich the convergent between Islamic andcommercial system in trading of money is impoosibleand be the target.
POLITIK HUKUM PIDANA DALAM UPAYA PENGHAPUSAN KEKERASAN RUMAH TANGGA SEBAGAI WUJUD PENGAKUAN DAN PERLINDUNGAN HAM Nadir Nadir
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 1 (2010)
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.v5i1.287

Abstract

Violence in household such as physical, psychological, sexualand economical violence is a form of criminal action happens inhousehold in which the doer and victim are from the samehousehold. The way of penal policy through the government insolution of violence in household is formed in norm codificationof positive law (positive wettelijk), by carrying out UU number 23of 2004 about abolition of violence in a household. Thisregulation is a form of government attention to human rights(HAM), and gender, non discrimination and the protection ofviolence victims in a household.
TOKOH DAN PENAFSIR BERPENGARUH DALAM KARYA TAFSIR MUHAMMAD ABDUH Tamrin Tamrin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 5 No. 2 (2010)
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.v5i2.288

Abstract

Abstract: Muhammad Abduh is a influencing figure in religious field in the end of 19th and 20th century. He offered constructive ideas, especially in tafsîr field. The ideas is valued by some Muslim intelectual only as connecting from previously figure. Some influencing figures in  Abduh’s tafsîr are Syaykh Darwisyi in Sufisme, Sayyid Jamâl al-Dîn al-Afghânî in Logic, Jurnalism, and Science. He also interested in Imâm al-Ghazâli’s essays, al-Zamakhsyâri’s Tafsîr al-Kasysyâf, Jalâl al-Dîn al-Suyūtī’s and Jalâl al-Dīn al-Mahallī’s Tafsîr Jalâlayn, Fakhr al-Râzi’s Tafsîr mafâtih al-Ghayb, al-Nasafī’s Madârik al-Tanzîl wa Haqâiq al-Ta'wîl, and al-Baydhâwi’s Anwâr al-Tanzîl wa Asrâr al-Ta'wîl.   Key Words: Tafsîr, Abduh, al-Ghazâli, al-Nasafī, al-Baydhâwi, al-Zamakhsyâri, al-Thabari, dan Fakhr al-Râzi

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