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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 08548722     EISSN : 24430757     DOI : 10.14421/ajish
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
2nd Floor Room 205 Faculty of Sharia and Law, State Islamic University (UIN) Sunan Kalijaga, Marsda Adisucipto St., Yogyakarta 55281
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Articles 13 Documents
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Search results for , issue "Vol 47, No 1 (2013)" : 13 Documents clear
Pemikiran Politik Hukum Islam Muhammadiyah Khoiri, Nispul
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2013.%x

Abstract

The role of Muhammadiyah in Indonesias political dynamics and gait providing a large role in this country. Although the union Muhammadiyah is in neutral position not practical politics, but Muhammadiyah able to motivate, to suppport, to preseur even within the framework of political thought enforcing doing good and avoiding evil. Muhammadiyah has fixed attention on the political process of Islamic law, such as the legislative process in Parliament and took the government policy. Legislation (legislation) is part of the governments job, with the goal of creating peace, goodness and justice. When the Act was legislated derived from Islamic law, is certainly binding legal force by the Islamic Law. Yet the political role of Muhammadiyah in some cases carried out by the elite have a positive effect on political thought Muhammadiyah itself, including in this case the politics of Islamic law. Muhammadiyah is able to oversee the legislative process in Parliament. Muhammadiyah participate motivate some legislation that transforms Islamic law into national law. Such as: Act No. 14/1970 concerning Judicial Authority, Law No. 1/1974 on Marriage, Law 7/1989 On Religious Courts, Compilation of Islamic Law, Promoting Growth and Development of Islamic Banking in Indonesia, and others. Muhammadiyah also participate in creating good governance such as corruption and corrupt practices through both structural and cultural approaches. Muhammadiyah movement came to the fore as a leader in enforcing doing good and avoiding evil.
Analisis Putusan Pengadilan Yang Mengembalikan Barang Bukti Dalam Tindak Pidana Di Bidang Perikanan Eddy Rifai
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2013.47.1.%p

Abstract

This study examines the return of court evidence in criminal acts in the field of fisheries. Type a descriptive study using the analytical approach of normative juridical approach and empirical jurisdiction. The results showed that the court ruling that restores used boats evidence of a crime in the field of fisheries compassionate grounds because the ship is the sole property of the convict to earn a living to feed their family law is not based on a logical construction. Against the perpetrators as well as ship owners should ship seized evidence to the state, while the evidence may ship returned to its owner by legal construction that ship owners not guilty conspiracy or involved in crime. Perspective court against criminal case evidence in fishing is to use the legal construction under the provisions of the legislation that provides protection to the owner of the evidence in criminal cases throughout the legislation does not specify otherwise. Therefore Fisheries Act determines that the evidence in the criminal case in the field of fisheries can be taken to the state or to be destroyed, then the judge should seize the evidence for the state if the offender is also the owner of the evidence, but if the evidence is that other people have not involved in the crime (no conspiracy between actors with the owner of the evidence), the evidence can be returned to the owner of the evidence.
Elemen Liberal Dalam Kajian Fikih Di Pesantren : Studi Atas Ma'had Aly Salafiah Syafi'iyah Sukorejo Situbondo Musahadi Musahadi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2013.47.1.%p

Abstract

This research is aimed at answering a big question on the dynamic of Islamic legal studies in Islamic boarding school (pesantren) through focusing on the study of fiqh in Mahad Aly. The research questions were formulated into two points. First, how far the liberal elements has coloured the Islamic legal studies in Mahad Aly. Second, why the liberal ideas emerge inpesantren milieu that is well-known as an orthodoxy defender in Islamic law and has strong commitment to the doctrine of salaf as-??li?.The collection of data in this research was conducted through the studies on the written documents, observation, interviews, and simple questionnaire for check and recheck purpose. The analysis basically was undertaken by descriptive technique in qualitative method. The findings of the research showed that the Islamic legal studies in Mahad Aly Situbondo is strongly nuanced by liberal elements either in the level of epistemology of the study that they developed or in the level of praxis of the studies. There are some reasons why the study on Islamic Law at the Mahad Alyis very strongly coloured with liberal elements, i.e.: 1) the turning stream of intellectual urbanisation-dissemination emerged within the Mahad Aly; 2) The dissatisfaction among the community of Mahad Aly on the epistemology of fiqh of NU; 3) inspiration brought about by the figure of liberalism thinkers both classic and modern, local and global; 4) the existence of historical reference on liberal ideas of NU; 5) the factor of open mindedness of teachers (pengasuh); and 6) the factor of networking of Mahad Aly with NGOs, study centers, and other liberal epistemic community.

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