Ahkam: Jurnal Hukum Islam
ISSN : 23031905     EISSN : 25491075
AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan mu’amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.
Articles 86 Documents
POLA TRANSFORMASI FATWA EKONOMI SYARIAH DSN-MUI DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Wahid, Soleh Hasan ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (361.329 KB) | DOI: 10.21274/ahkam.2016.4.2.171-198

Abstract

Until now, there have been 100 fatwas issued by the DSN-MUI. In ayah (3) of Law No. 21/2008 concerning Islamic Banking, it is explained that the fatwa referred in ayah (2) set forth in Indonesia. That case consist that Bank Regulation implies that the new DSN-MUI fatwa is binding after being regulated become Bank Indonesia Regulation (PBI). In transformed into PBI, fatwa DSN-MUI has been also transformed into the Economic Law Compilation true Syari’ah is the Indonesian Supreme Court Regulation No. 2 of 2008. In addition the DSN-MUI fatwa also transformed into provisions of the legislation in the field of capital markets such as the Law No. 19 of 2008 concerning Sharia Securities. There was a lot of research about the kinds of fatwa that are transformed into positive law mentioned above, but not touching the whole aspect of how the pattern of absorption DSN-MUI fatwa to the laws and this research was conducted to answer the question. This study is using research library with content models and comparative analysis in order to explain the contents of the statutory provisions and DSN-MUI fatwa and to compare both of them. Based on this research we concluded that there are three models DSN-MUI fatwa absorption in the legislation, the first model of copy and paste or copy the title fatwa in the articles of a law. Second, substantive patterns that only take substance from the fatwa was later translated into chapter’s legislation with language that formal. Third, extending the provision of the fatwa and/or translating the provisions of the fatwa of a general nature in the form of a more operational so that it can be applied in the operations of a financial institution.Kata kunci: Transformasi Fatwa, Ekonomi Syariah, DSN-MUI,Perundang-Undangan

TRANSAKSI JUAL BELI DROPSHIPPING DALAM PERSPEKTIF FIQH MUAMALAH

Bariroh, Muflihatul ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (349.609 KB) | DOI: 10.21274/ahkam.2016.4.2.199-216

Abstract

One of transaction trading online systems that are currently beingpopular among the community is the trading with the dropshippingsystem. This system involves three parties namely supplier, dropshipperand consumers .The dropshipper does not require to possess the itemsbeing sold , but only provide sales for marketing goods through thewebsite and social media .The system of such trading in practicecauses several problems in Islamic law because the dropshipperssell goods which is not in their possession .This study aims toexplain dropshipping trading system and review its practices fromthe perspective of Islamic law or Fiqh. This study employs a libraryresearch method. The results indicate that the practice of dropshippingtrading online is not against Islamic law although the dropshippers donot possess the goods offered to the consumers. Such trading systemis allowed to use wakalah agreement, hail and samsarah. It shouldbe noted that the dropshippers must also be honest and present trueinformation regarding the condition and the specification of the goodsbeing traded.Kata kunci: Dropshipping, Dropshipper, Salam, Samsarah, Wakalah

SISTEM TRANSAKSI E-COMMERCE DALAM PERSPEKTIF KUH PERDATA DAN HUKUM ISLAM

Santoso, Sugeng ( Pondok Modern Darul Hikmah Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (413.39 KB) | DOI: 10.21274/ahkam.2016.4.2.217-246

Abstract

Trading transactions are not only done conventionally, where buyersand sellers meet face to face. Now the transaction has been switchedinto cyber-spaced transaction, where the trading transactions areconducted through social networking, computers, mobile phones,etc. Such Transactions are called online trading transactions(e-commerce). According to Islamic law e – commerce transactionshould also meet some required conditions such as employers in onlinecommerce (e-commerce) are qualified to be taxable income. But ifthe income tax law that is used in the taxation for online commercetransactions (e-commerce) is employed, the tax will not be able tobe maximized because basically e-commerce transactions are verydifferent from conventional trading transactions. So the need for newrules to serve as a legal basis of the taxation of income in e-commercetransactions is emerging.Kata kunci: Sistem Transaksi, E-Commerce, KUH Perdata, HukumIslam

PENGELOLAAN ZAKAT DI BADAN AMIL ZAKAT NASIONAL KABUPATEN TULUNGAGUNG DALAM PERSPEKTIF MAQASHID AL-SYARIAH

Aibak, Kutbuddin ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (400.873 KB) | DOI: 10.21274/ahkam.2016.4.2.247-288

Abstract

Why BAZ cannot operate optimally is due to two factors. First, as amatter of fact, this institution is just passively waiting for the zakatpayers. Second, the zakat paid through this institution is limited tothe zakat of income from certain offices, not from massive individual.In addition, it has been a long tradition that the Moslems do not paytheir zakat fithrah through this institution. Zakat fithrah is commonlypaid for the receivers’ daily consumption. Considering the problemsabove, some initiatives must be taken. First, institutionally BAZmust be empowered by setting up zakat picking units (UPZ) in everymosque and these units are managed professionally to serve thezakat payers. Second, the zakat must be managed and distributed tothe right receivers for the productive purposes, not the consumptivepurposes. Since the zakat is still distributed for the consumptivepurposes, from the perspective of maqashid al syariah it can beconcluded that the management of zakat so far has not yet achievedits fundamental purpose to empower and to prosper the poors andthe weaks.Kata kunci: Pengelolaan, Pengumpulan dan Pendistribusian Zakat,Maqashid al-Syariah

PELECEHAN SEKSUAL ANTAR ANAK DALAM PERSPEKTIF HUKUM PIDANA

Ladin, L. ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (334.866 KB) | DOI: 10.21274/ahkam.2016.4.2.289-304

Abstract

Decency crime in general is an act or acts of violating decency orimmoral intentionally damaging public decency or others is notvolition, the victim, by force and by threats of violence. Laws threatenpunishment for anyone who violates the act. Meanwhile, the intendedpublic is for example in school buildings, a bunch of people, places thatcan circulate to each person, and so on. Through a variety of mediacan be seen almost every day crimes with various kinds. Similarly,the perpetrators themselves, anyone can be a perpetrator of a crime,whether the perpetrators are still children, older people, both men andwomen. So regardless of age or gender, although in reality the numberof crimes committed by children is relatively small, but it cannot bedenied that the crimes committed by these children happen everywhere.As crime decency committed by minors, it is certainly influencedby many factors, among others, because the child does not receiveaffection from their parents, parents forget themselves as parents beingtoo busy, also caused by certain parties that is not responsible for, theinfluence of the environment, freedom of association as a result of notgetting attention from their parents at home, their freelance film andvideo sensors, readings can damage the child’s psyche.Kata kunci: Pelecehan Seksual, Anak, Tinjauan Hukum Pidana

PERKAWINAN LESBIAN, GAY, BISEKSUAL DAN TRANSGENDER/TRANSEKSUAL (LGBT) PERSPEKTIF HUKUM ISLAM

Rohmawati, R. ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (352.82 KB) | DOI: 10.21274/ahkam.2016.4.2.305-326

Abstract

The marriage between transgender, lesbian, gay, bisexual couplehas become the most discussed-public issues. The rising intereston this issue is due to the more open access to the information, freeexpression right, and human rights. In the past, the marriage betweenthose couples was done under cover. Today, such a marriage is not ataboo anymore. The pros and the contras arise. From the perspectiveof Islamic law, the marriage between transgender, lesbian, gay, andbisexual couples is forbidden because it is against the civilized normsof family settlement guided through the transcendental divine of theQuran and Hadis. Such a marriage is a threat to the existence of theessential human nobility because it will devastate human origins,thought, and soul.Kata Kunci: LGBT, Hukum Islam

PENYELESAIAN SENGKETA MELALUI SMALL CLAIM COURT

Sari, Septi Wulan ( Pengadilan Agama Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (354.001 KB) | DOI: 10.21274/ahkam.2016.4.2.327-348

Abstract

Small Claims Court is a court which is informal, simple and low-cost,has the force of law, and is intended to provide a quick and economicalsolution to resolve disputes which does not require an expensive cost.This research is a Library Research or literature review that includes:the systematic identification, analysis of documents containinginformation related to the problems of the study. The approach used inthis study is normative juridical approach. In the developed countrieswhich follow SCC Systems Common Law and Civil Law systems, suchapproach has become one of the alternatives that are used in thehandling of cases in the state. In Indonesia the problem of the SmallClaims Court is described in PERMA No. 2/2015.Kata kunci: Penyelesaian Sengketa, Sengketa Sederhana, SmallClaim Court

PERAN SOSIAL DOMESTIK PEREMPUAN DALAM TAFSIR IBN KATSIR Sebuah Tinjauan Hermeneutik

Agustina, Arifah Millati ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (344.596 KB) | DOI: 10.21274/ahkam.2016.4.2.349-362

Abstract

In understanding a text, of which focus is to find meaning in an openand comprehensive meaning, it needs to take into account not onlyliteral but also moral ideas. The effort needs to be done to revive thedestination stored in the one of the methods used by contemporarycommentators is Hermeneutics. In this article the writer employshistory analysis (Historically effected consciousness) and preunderstanding(Vorverstandnis) to understand the text. On the basis ofthe use of the theory of hermeneutics, the writer applies these theoriesin defining gender topics. Selection of gender topics is based on theconsideration that many laws that do not contain moral ideas as aresult of the reading of the text. The application of the two analysesabove will result in objective interpretations as the meaning of textwhich is intended by its commentators.Kata kunci: Peran Sosial Domestik, Perempuan, Tafsir Ibn Katsir

HARMONISASI INTERPELASI DEWAN PERWAKILAN RAKYAT TERHADAP KEBIJAKAN PEMERINTAH

Shobahah, Nurush ( IAIN Tulungagung )

Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (457.69 KB) | DOI: 10.21274/ahkam.2016.4.2.363-392

Abstract

The House of Representatives as a legislative body has threefunctions, namely the oversight function, legislative function, andthe budget function. One of the supervisory function s of The Houseof Representatives is the right of interpellation. As a law state, all ofthe processes of the state must be based on the law. Therefore, everypositive law must be obeyed. The constitutions or other regulationsof interpellation mention that the president may represent theanswers of interpellations. The frequent problem happening is theabsence of the president in the interpellation session. That problembecomes a relation problem between the president and the House ofRepresentatives which need to solve. Thus the right of interpellationas one of the implementations of the check-and-balance principle onthese two state institutions can run effectively. Based on the normativeprovision study it can be concluded that, to avoid the messy practices,the chapter which allows the president to have position in answeringthe interpellation court needs to be specified explicitly. As the result,the right of using interpellation can run well.Kata kunci: Dewan Perwakilan Rakyat, Interpelasi, Presiden

CHOICE OF FORUM DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH PASCA TERBITNYA PUTUSAN MAHKAMAH KONSTITUSI NO.93/PUU-X/2012

Yunari, Afrik ( Sekolah Tinggi Agama Islam Hasanuddin (STAIH) Kediri )

Ahkam: Jurnal Hukum Islam Vol 4, No 1 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (310.561 KB) | DOI: 10.21274/ahkam.2016.4.1.43-56

Abstract

The dispute resolution process which emerges after the issue of theIslamic Banking Law No. 21/2008, has led to occurrence of disputesettlement or contention regarding to the institution for the disputeresolution. The dispute occurs between the Basyarnas with the DistrictCourt or between Basyarnas with Religious Courts or between theReligious Courts with the District Court. This problem occurs due tolegal clarification of Article 55, Paragraph 2 issued by the ConstitutionCourt, which confirms that the article is against the Constitution andhas no binding legal force. This study discusses the possible alternativeof dispute settlement forum in Islamic banking after the publicationof the legal decision of the Constitution Court No. 93/PUU-X/2012,discuss the sharia banking dispute resolution before and after theinception of Act No. 21/ 2008 about Islamic banking, the legal decisionof the Constitution Court No. 93/PUU-X/2012, and the choice ofdispute settlement forum in Islamic banking after publication of thelegal decision of the Constitution Court No. 93/PUU-X/2012.Kata kunci: Choice of Forum, Sengketa Perbankan Syariah, MK No.93/PUU-X/2012