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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 374 Documents
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IBN RUSYD DAN METODE IJTIHÂD-NYA DALAM KITAB BIDÂYAT AL-MUJTAHID Fahruddin Ali Sabri Fahruddin Ali Sabri
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.v5i2.289

Abstract

Abstract: Ushûl  fiqh has a significant role in Islamic science, since Islamic lawpartly regulates the essential problems not the detail ones. It became nature because Islamic law rules by the end of time. However in human being live there must always be change of social design, so that it always araises new problem in society. This article is to describe the Ibnu Rusyd’s method in deciding syar’i law. His capacity as fiqih expert is undoubtful. His masterpiece, Bidâyat al-Mujtahid wa Nihâyat al-Muqtashid is a comparison of fiqh book Key Words: Ibn Rusyd, ijtihâd, dan hukum Islâm
RAGAM KONTROVERSI DALAM KAJIAN HISAB-RU’YAH Achmad Mulyadi Achmad Mulyadi
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.v5i2.290

Abstract

Abstract: In falak study, hisab and ru’yah seems the two key terms that must be keyed to each other. Hilâl observation relies on the basis of astronomy computation. In fact, the accuracy of hisab method should be approved through the use of hilâl observation. However, the study arises various controvercy that cannot be denied. The controvercy of hisab inter-study results the application criteria. Furthermore, the the controvercy of ru’yah argues its effective if it is based on global ru’yah or the local one. The artical is about deeply to eleborate that various controvercies and its today’s existency.   Key Words: ru’yah, hisab, wujûd al-hilâl, imkân al-ru’yah dan matla’
PERS DALAM WACANA HUKUM (Kajian tentang Kebebasan, Tanggungjawab, dan Deviasi Pers dalam Perspektif Hukum Islam dan Hukum Positif di Indonesia) Idri Idri
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.v5i2.291

Abstract

Abstract: Press takes an important role in expanding the country development, lastly it is not only lusty, free, and responsible but also it functions as an objective information disseminator, constrcutive social controll agent, public aspiration supplier, and to broaden public communication and participation. In brief, it needs to develop positive and harmony  interaction among press, government, and society. The freedom of press in extending information to public has been one of the realizations of people soverignty, furthermore it becomes a significant aspect to establish life of civility on the basis of the priciples of democracy, justice, and law supremacy. On the whole, press independency might be a responsible freedom: toward government, public, and press council. Key Words: Pers, kebebasan pers, dan tanggung jawab pers
BAGI HASIL DAN BANK SYARI’AH (Solusi terhadap Bunga Bank) Rudy Haryanto Rudy Haryanto
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.v5i2.292

Abstract

Abstract: To save money in terms of investation is one of bank’s functions. Interest and production sharing are kinds of investation in banking system. Interest is a marketable entry in conventional banking, however production sharing is known in syari’ah banking system. Some people argue that interest cannot be seperated from the banking activity, in fact Islam recommends the followers to avoid it; hence it could be substituted with term of production sharing. It matches the priciple of musyarakah and mudharabah as being taught by Rasûlullâh SAW. Bank interest is considered ribâ (excessive interest) and it is forbidden in Islam. Moreover, production sharing is more useful and beneficial for people. Unfortunately, the value of production sharing (syarî’ah banking product) is lower than the value of banking interest (conventional banking product) due to the fact that the ralationship established by syari’ah banking and its customer is based on the principle of gotong royong (mutual coorporation) and production sharing partnership. Key Words: ribâ, musyarakah, mudharabah, dan bagi-hasil  
KONSEP PEMBANGUNAN EKONOMI BERBASIS ISLAM (Sebuah Upaya Pembangunan Ekonomi Indonesia yang Adil, Makmur, dan Sejahtera) Fadlan Fadlan
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.v5i2.293

Abstract

Abstract: Islam anticipates  economic developmen, however it still consider as a part of the development of human being as the greatest one. The essence is that human being enables to control the economic environment as well as to improve the life quality. There are four basic Islamic teachings dealing with the philosphy of Islamic economic development:  tawhîd, rubûbiyah, khalîfah and tazkiyah. The principle of  tauhîd is to prevent a concentrated economy power.  khalîfah principle is to guard against environmet damage and to protect natural sources conservation. The principle of  tazkiyah to prohibit social imbalance and to realize equality and justice. Accordingly, it can give shape to a continuity development. The concept of continuity development is essentially the implementation of the principle of rubûbiyah, it is the priciple of education, maintenance, and continuity to the perfectness, as the principle of  divinity (ilahi). Hence, if the four principles are realized in the Indonesian economic development, government will easily create the nation’s ambition, a prosperous and justice nation.   Key Words: ekonomi Islam, homo economicus, dan pembangunan ekonomi
REVITALISASI ENTREPRENUERSHIP DI PONDOK PESANTREN Halimatus Sakdiyah Halimatus Sakdiyah
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.v5i2.294

Abstract

Abstract: Pondok Pesantren (Islamic boarding school) as the Islamic education institution is the asset of Indonesian education. It can survive in the middle of modernity to defense its existency and characteristics, it needs to develop the talent and interest of santri (Pondok Pesantren student). This development must be organized in systematic and well-programmed plan. As the agent of development, pondok pesantren becames a brigde and media to solve social economic problems in society. The research finds solutions that the role of pondok pesantren as the agent of development now become an institution that can expand a business field. An economic business that independent, well established that revitalizes entrepreneurship. The objective is to overcome the problem of poverty and inadvertently as the impact by the subordination of Muslim in economis and business field. Santri is the pioner to create a business condition that can hold up the development of Indonesian economic Key Words: revitalisasi, entreprenuership, pondok pesantren dan agent of devolepment
TRAFFICKING PRESPEKTIF HUKUM PIDANA Dian Novita Dian Novita
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.v5i2.295

Abstract

Abstract: Trafficking is a classic matter that has been existed since the establishment of human culture.  The major cause of the trafficking is the lack of information about trafficking, poverty  and the law level of education and skill of people, specifically villagers. To fight against trafficking, the government needs to accelarate the education and skill quality and cooperate with other countries. Besides, it is important to provide a sufficient law device for international scale in order to drag feet the trafficking network. Furthermore, trafficker must be punished with heavy penalties and the victim must be protected properly.     Key Words: Trafficking, hukum pidana, pelaku dan korban
INFORMED CONSENT DALAM PELAYANAN KESEHATAN Adriana Pakendek Adriana Pakendek
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.v5i2.296

Abstract

Abstract:   It is a must to apply the informed consent in public health service, particularly in a hosptal. As a matter of fact, some medical patients or the  representative does not comprehend the term informed consent due to the ineffective communication between the patient and physician. Whereas, a doctor should have a legal informed consent to execute medical action from the patient, otherwise she/he would experience a question of law; private and punitive law as well as indisciplinary punishment. A petient is able to deny an informed consent, yet it is identified as an informed refusal. However, the patient must be responsible for any medical impacts in the future. In this case, a doctor is free from any legal actions as the result of consent refusal of patient.   Key Words: informed consent, pasien dan dokter
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  

Page 4 of 38 | Total Record : 374

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