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INDONESIA
Jurnal Asy-Syari'ah
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : 20869029     EISSN : 26545675     DOI : -
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Other
Memfokuskan diri pada publikasi berbagai hasil penelitian, telaah literatur, dan karya ilmiah lainnya yang cakupannya meliputi bidang ilmu syariah, hukum dan kemasyarakatan secara monodisipliner, interdisipliner, dan multidisipliner.
Arjuna Subject : -
Articles 253 Documents
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KONTRIBUSI HAKIM PEREMPUAN DALAM PENEGAKAN HUKUM DI INDONESIA Djazimah Muqoddas
Asy-Syari'ah Vol 18, No 1 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i1.652

Abstract

This article describes the contribution of female judges in law enforcement in Indonesia through the approach of a critical study of the Koran interpretation letter al-Nisâ’ verse 34 and an explanation of the hadiths of the Prophet Muhammad SAW who describes the position of women as judges in the judiciary. So this article will be focused on: (1) polemic female judges in religious courts; (2) female judges in the legal system in Indonesia; and (3) the position of women judges in Islamic legal system. From this discussion, the female judge is required to give good imaging as judges always give a good example to the parties and to other law enforcement officials, as long as he completed cases in the judicial sphere. However, imaging judge women as law enforcement officials so bound by a code of conduct (ethical code) and the oath of their profession.
TELAAH METODOLOGIS PEMIKIRAN HOLISTIK TRANSFORMATIF: POLA DAN DASAR PEMIKIRAN TERHADAP AL-QURAN SEBAGAI PETUNJUK HIDUP UMAT MANUSIA Ayat Dimyati
Asy-Syari'ah Vol 17, No 1 (2015): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v17i1.643

Abstract

The scientific activity of the experts should be shifted from the perceived partiality of science. It was offered as a continuation of the existing mindset and used in every scientific movement after perceived no longer sufficient when faced with the prob­lems of life today. In helping the understanding to find the truth of the obtained de­signations think. There are two ways of thinking are built, including ways of thinking deductive and inductive thinking. Al-Quran and al-Hadith as the primary sources of Islamic law, which mean that the people will straighten out their life or solving their problems through the replace and repayment that to them. Textually, both sources have been fixed and will not change, whereas the activities of life are constantly changed. The instrument will connect continuesly between fixed and changed in the pattern of thought development. To explore this thought pattern, it must be done through a social sciences and anthropology approaches which are very well known as the quantitative and qualitative approaches. Islam has to be seen as rahmatan lil ‘alamin which cannot be aimed without the truly thought and action both manhaji and ‘irfani. In the past, it is called as syir’ah thought (contextual and textual).
PERBANDINGAN TEORI ASURANSI: STUDI PERBANDINGAN TEORI EKONOMI TAQIYYUDDÎN AL-NABANI DAN THOMAS ROBERT MALTUS Deni Kamaludin Yusup
Asy-Syari'ah Vol 16, No 2 (2014): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v16i2.634

Abstract

Insurance could be understood as a guarantee or a trade given the insurer (insurance company) to the insured for the risk of loss specified in the agreement (polis) with the obligations of the insured have should pay a premium to the insurer (insurance company). In modern times, the insurance is one of profitable transactions, because many people are starting to realize that the insurance is very important thing. This article will explain some of the theories about the insurance from the perspective of Shari'ah and conventional which focused on the economic theory presented by Taqiyyuddîn Al-Nabani and Thomas Robert Maltus. From this article, we are expected to understand about the differences between the concepts of insurance based on shariah and conventional perspektive clearly and thoroughly.
KONTRIBUSI HUKUM ISLAM DALAM PROSES TAQNÎN UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN Abdul Hamid
Asy-Syari'ah Vol 16, No 1 (2014): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v16i1.625

Abstract

The existence of Islamic Law Banking in Indonesia has been recognized and known from the Banking Law Number 7 of 1992. This continued with the Banking Law Number 10 of 1998 Juncto Number 7 of 1992, and it is finally regulated with the Banking Law Number 21 of 2008 which confirms that Islamic banking is part of the national banking system. This paper will explain the transformation process of Islamic law into Sharia banking rule in Indonesia. As described in some literatures that Shariah Bank is one of the financial Islamic instru­ments and institutions. So, I can say that the existence of Shariah bank is the representation of the principles of Islamic economics in fiqh muamalah and the implementation of the Islamic economics norms which can help to improve the economic performance in Indonesia.
HIRÂBAH DAN HUBUNGANNYA DENGAN HUKUMAN TA‘ZÎR BAGI PELAKU KORUPSI DALAM HUKUM PIDANA ISLAM (Kajian Tafsir Ahkam Terhadap QS. al-Mâidah Ayat 33) Endang Jumali
Asy-Syari'ah Vol 18, No 1 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i1.657

Abstract

In Islamic criminal law perspective, the corruption can be categorized as criminal acts refer­­red to hirâbah. Today the emerging discourse of the death pe­­nal­ty for coruptor as ever be discussed by NU and Muhammadiyah that are trying to resurrect its determination to fight cor­ruption in Indo­ne­sia. The problem is whether it is governed by Islamic law? This needs to be answered whe­ther there is a legal ba­sis for corruptor that to be given such a heavy sanction the death penal­ty? Based on this, the author intends to explain how the meaning hirâbah in QS. al-Maidah ver­se 33 and its rela­tionship with ta'zir penalties for perpetrators of corruption. The re­sultof this study can be concluded that corruption can be categorized as hirâbah. The most appropriate sanction needs to be be given to the hirâbah or corrupt stated in the QS. al-Maidah verse 33. The verse of hirâbah sanctions there are four kinds: a) killed; b) crucified; c) cut their hands and feet are crossed; and d) be removed to outside country. However, the classifica­tion of types of sanc­tions for corruption acts are committed by the offender, the scholars diffe­rent views in order with degree and level.
IMPLIKASI GLOBALISASI EKONOMI DAN PERDAGANGAN BEBAS TERHADAP STABILITAS NILAI RUPIAH Herlan Firmansyah; Endang Hendra
Asy-Syari'ah Vol 17, No 2 (2015): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v17i2.648

Abstract

Economic globalization has become a difficult international agenda inevitable by all countries in the world. As well as accelerator movement derivative program of economic globalization, developing free trade (free trade) that has gradually been implemented in most specific regions in the world. For example, NAFTA program that has been effective since January 1, 1994, CAFTA has been in effect as of January 1, 2010 and MEAs will soon be put into effect from December 31, 2015. The goal ultimately is the realization of free trade world as the embodiment of a large agenda that no other is economic globalization. The implication, will materialize inter­de­pendent global economy (interdependent) between countries in the world. Including the interdependence of the external value of a country's currency as a unit of account, medium of exchange and store of Value on goods traded within the International transactions. The external value of the currency or commonly known as the exchange rate (exchange rate) is formed as a result of interaction between aggregate demand (aggregate demand) and supply aggregate (aggregate supply) in the money market. Thus, the phenomenon of economic globalization and free trade world that nowadays more and stronger will be the independent variables that can affect currency values of variables as dependent variables of aggregate demand side.
URGENSI KOMPILASI HUKUM ISLAM (KHI) DAN METODE IJTIHAD DALAM MENGHADAPI PERKEMBANGAN HUKUM ISLAM DI INDONESIA Rachmat Syafe’i
Asy-Syari'ah Vol 17, No 1 (2015): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v17i1.639

Abstract

The tradition of Islamic law in Indonesia's Muslim population can not be separated from values, legal norms, and legal products. Therefore, the position of ijtihad is one of the important instruments in Islam. In this context, a mujtahid in general perform several steps in formulating Islamic rules from the sources, that are the Quran and Hadith. The position of Islamic law in the legal system in Indonesia is increasingly gaining recognition juridically. One of that is  enactment of the Marriage Law Num­ber 1 Year 1974 and Presidential Decree Number 1 Year 1991 on the Compilation of Isla­mic Law. Thus the actualization of Islamic law must be carried out systematically by con­crete actions. Actualization of Islamic law is not enough, it will even harm if done only for political action which campaign demanding the implementation of Shari'a. One of the problems encountered in attempts to actualize Islamic law is the absence of a clear conception of the legal matter that must be actualized in national law, both of which apply specifically to Muslims and generally applicable.
ARBITRASE SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA EKONOMI SYARIAH MENURUT UNDANG-UNDANG NOMOR 30 TAHUN 1999 Muhibuthabary Muhibuthabary
Asy-Syari'ah Vol 16, No 2 (2014): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v16i2.630

Abstract

This paper describes the arbitration as an alternative dispute resolution in Shariah economy. Dispute resolution in general civil religion has resolved through litigation in the religious courts that refer to Article 49 of Law Number 7 of 1989 Jo. Law Number 3 of 2006 Jo. Law Number 50 of 2009 on the Religious Courts. However, there are some interesting cases, one of which is the Islamic economic disputes could be resolved through non-litigation or arbitration process, which refers to the Law No. 30 Year 1999. Now, the Shari'ah economic dispute resolution becomes the object of this study which interesting to study both theoretically and practically, not only because the case is to be part of the absolute authority of religious courts, but also becomes a new knowledge in the field of Islamic Jurisprudence
ISLAM DAN KEMAJEMUKAN DI INDONESIA (Upaya Menjadikan Nilai-nilai yang Menjunjung Tinggi Kemajemukan dalam Islam sebagai Kekuatan Positif bagi Perkembangan Demokrasi) Nurrohman Syarif
Asy-Syari'ah Vol 18, No 2 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i2.662

Abstract

Indonesia is a pluralistic nation when seen from diverse ethnic, cultural, linguistic, ethnic and religious diversity as a result of it is likely to have a positive impact or negative. Pluralism in Islamic thought caused by the many schools of theology, jurisprudence flow or Islamic law, schools of philosophy, mysticism or the mysticism and political currents. In this paper, the authors focus on explaining some of the factors that hinder the development of pluralism in Indonesia, which is associated with the concept of the protection of religion, the concept of ‘amar ma‘ruf nahyi munkar, the concept nasakh-mansukh, other threats to diversity is the rise of authoritarianism in the interpretation of religion, lack of enforcement law from law enforcement officials in Indonesia, and the weakness of education and understanding among Muslims toward religion.
KEDUDUKAN HUKUM ISBAT NIKAH LUAR NEGERI Ramdani Wahyu Seruri
Asy-Syari'ah Vol 18, No 1 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i1.653

Abstract

This paper is motivated by the number of Indonesian Workers (TKI) who work abroad to get married in Sirri, some of them occurred in Malaysia. Based on this background, the authors interested in explaining the legal position validation of marriage in outside the country. That is the legal basis for the implementation of validation of marriage outside the country, referring to the legislation, ranging from generalist like regulations of Law Number 48 Of 2009 about The Judicial Authorities of clause 60B and Law about Religious Courts, as well as the rule of lex specialist like Circular Supreme Court Number 10 Of 2010, appendix B SK Supreme Court Nomor 084/KMA/ SK/V/2011 on Permit Session Establishment Marriage (isbat nikah/validation of marriage) in The embassies of the Republic of Indonesia. procedures of case examination about validation of marriage in outside the country followed the procedural law applicable in the Religious Court, whereas KUA which the authorities listed about validation of marriage in outside the country is PPN (The Registrar of Marriage) located in The embassies of the Republic of Indonesia in each country.

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