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.
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ASPEK GENUINE, CHANGE DAN DEVELOPT DARI FILSAFAT HUKUM ISLAM (TELAAH TEORI SEJARAH DEVIN DEEWES) A, Asmawi
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (507.737 KB) | DOI: 10.21274/ahkam.2018.6.1.1-26

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ABSTRACTSeeing from the prespectives of Deewes, the Prophet’s and Shahabah’s era constitute the era of developing the foundation of Islamic law. In other words, this era is considered as the genuine era of Islamic law implementation which employs the normative and rational approach to the text of Qur’an and Hadits. It can be said, then, that the phylosophy of Islamic law has been practiced since the era of the Prophet. In that era the development of Islamic law occurs in line with the cases in the community. This fact proves that there is a dialectic between the normative value of the text and social structure of the community in which the Islamic law applys. It shows that empirical experience is considered in the development of Islamic law. As the result, in the era of genuine implementation of Islamic law, the basis of Islamic law development is the texts of Quran and Hadits, rationalism of Ijma-Qiyas, and empirical approach of the sociological condition during the era of the Prophet and Shahabah.Keywords: Filsafat, History, Islamic
MADZHAB RU’YAH MUSLIM AMERIKA ANALISIS ARGUMEN SYEKH HAMZAH YUSUF TENTANG PENENTUAN AWAL BULAN HIJRIYAH Musonnif, Ahmad
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (446.48 KB) | DOI: 10.21274/ahkam.2018.6.1.27-53

Abstract

ABSTRACTThe debate on how to determine the first date of Hijry month occurs in all Moslem societies. In the United States of America, Syekh Hamzah Yusuf position himself as the supporter of Ru’yah School. His article on rejecting the use of Hisab School in the United States of America encompasses his strong arguments covering the normative, historical, and scientific approaches. Because the article is written concisely and too short, it may open possibility for his opponents, the Hisab School supporters, to strongly counter his arguments. Anyway, written debates on a certain case can be an effective media for Moslem to develop the Islamic civilization.Keywords: Hisab, Ru’yah, American Moslem, Hamzah Yusuf.
KONSEP HAK DALAM PEMIKIRAN FIQH HANAFIYAH SERTA TRANSFORMASINYA DALAM UNDANG-UNDANG HUKUM PERDATA TURKI MODERN Tohari, Chamim
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (441.619 KB) | DOI: 10.21274/ahkam.2018.6.1.54-83

Abstract

ABSTRACTThis study disscuss the concept of right in the Hanafi’s fiqh books. The Hanafi’s thought was chosen as the object of this study because the discussion on thought of right is written more in the Hanafi’s literatures. The major problems which is discussed in this study are: (1) How is the concept of right and its application in the Hanafi’s fiqh school? (2) How is the relevance about the concept of right in the Hanafi’s school to the Turkish modern private law? This study is a library research with the content analysis method. The finding confirms that First, the terminology of right in the Hanafi’s fiqh school is more interpreted in the conection to the ownership of a property. In the Hanafi’s thought, the right is defined as a freedom or a special authority to use a thing according to the law. Then, the application ot the concept of right in the Hanafi school using several principles as (1) The application of concept of right cannot contradict to the Qur’an and Sunnah; (2) The utilization of right is permissible as long as it does not cause danger or loss to the owner and to the other; and (3) The utilization of right must be oriented to the benefit and avoid an invain and profuse by the owner. Second, the Turkish modern private law has a relevance with the Hanafi’s thought in relation to the right arrangements problem for its citizen. Based on several proofs which were discovered in this research, it can be concluded that the concept of right of the Hanafi’s thought had been transformed in the Turkish modern private law. The contribution which is expected from this study is the development of concept of right which may be applied to solve many contemporary problems in the field of Islamic economy.Keywords: Hak, Properti, Tasarruf, Fiqh Hanafiyah, Hukum.
KEUNTUNGAN MEDIASI DALAM PERKARA PERCERAIAN DENGAN ADANYA PERMA NOMOR 1 TAHUN 2016 Rahma, Nurlaili
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (299.218 KB) | DOI: 10.21274/ahkam.2018.6.1.84-105

Abstract

ABSTRACTSupreme Court Regulation No. 1 Year 2016 gives a big change to every seeker of justice and everyone who is involved in it because this new rules revise many regulation compared to the previous one, in order to make mediation more efective and efficient. The success of mediation is not only determined by regulation, but also the goodwill of both parties having a legal dispute, the support of judge, the support of lawyer, and mediator’s profesionalism to conduct mediation. Therefore, the capability non judge mediator must be upgraded to decrease the rate of divorce in the court because every year the number of case always increases due to various problem.Keywords: Mediasi, Perceraian, PERMA No. 1 Tahun 2016
PERBANDINGAN HUKUM TERHADAP STATUS BARANG AKIBAT PEMBATALAN KHITBAH SECARA SEPIHAK MENURUT EMPAT MADZHAB Sukur, Mukhamad
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (405.083 KB) | DOI: 10.21274/ahkam.2018.6.1.106-129

Abstract

ABSTRACTKhitbah is an attempt made by a man to engage a woman before they are married. This is done so that the man gets a partner in accordance to his expectation. With the sermon, the men and women will know each other more deeply. To reinforce a shared commitment to marriage bonds, sometimes the men give something, either in the form of goods or even dowries to the women. However, the proposal is not a binding contract to be carried out to the next stage, namely marriage. Because, the agreement in a contract has no power that is obligatory. Therefore, it may possible that each party brake the “khitbah”. The abrogation of such a sermon is very often in the community. The men or the women who are in the engagement may suddenly cancel the proposal although initially they have mutually committed to marry. Nevertheless, the termination of the proposal must be done in a good way and does not hurt any party. Although in Islamic teachings there is no material sanction in regard to the cancellation of the sermon it may have legal consequences for both parties in relation to the goods or dowries the men have given to the women. The study concludes that all scholars of the school of thought have the same opinion as to whether it is permissible for the men to reclaim the goods that have been given to the women. However, there is a difference of views in term of returning the goods in case there is physical damage. Among the four schools of thoughts, only the school of Hambali who holds that if his goods are lost or damaged, then it is not permissible to ask for the price or the gifts in return.Keywords: Khitbah, Perbandingan Hukum, Pembatalan Khitbah
EKONOMI POLITIK ISLAM: PEMIKIRAN, PERGERAKAN DAN PERKEMBANGAN NYA DI INDONESIA Nasrullah, Aan
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.1.130-155

Abstract

ABSTRACT One of the dominant factors affecting the economic performance of a country is the political economy system used. The thougt and movement of Islamic political economic system will also affect the economic and financial practices of sharia (Islam). In the economic-political context, Indonesia is more likely to use a pattern of political systems that the government is to engage and interfere the economic and business fields. The movements of Islamic political economy in Indonesia based on periods are as the following: (1) at the beginning of independence and the period of the Old Order, the practice of Islamic political economy is reflected from the thoughts of the nation founding father, M. Hatta, with the concept of Indonesian Socialism or Religious Socialism. (2) in the New Order  era, the political economy of Islam tends to disappear due to economic policy and political system at this time. (3) the politics of the reform period have a positive effect on the movement and development of Islamic economic politics. Stakeholders such as governments, academics and practitioners contribute actively to the movement of Islamic political economy. Keywords: Political Economy of Islam, Thought and Movement
PERLINDUNGAN HUTAN MELALUI SISTEM VERIFIKASI LEGALITAS KAYU (SVLK) DALAM PRESPEKTIF ISLAM Wattimena, Abd Khair
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (383.493 KB) | DOI: 10.21274/ahkam.2018.6.1.156-178

Abstract

ABSTRACTTimber legality assurance system (TLAS) is determined by the Ministry of Forestry to stop illegal logging. TLAS is the government instrument to guarantee that just legal timber/wood which are permitted to be harvested, delivered, manufactured, and sold/ marketed in Indonesia. This system is in line with the forestry law maintenance direction to fight” illegal logging” and “illegal timber trading”. The issue of Indonesian TLAS is the initiative of many components of society since 2001 such as NGO, civil society, traditional right holders, ntrepreneur/privatesector,academist/university, government and all stakeholders who are aware on the forest continuity. TLAS is one effort to prevent the forest destruction. Viewing from the Islamic concept, TLAS is following the Fiqh conception: Daf’ul mafasadah muqoddam ala jalbi al maslahah. To prevent forests from distruction is also prescribed in holy Qur’an, surah Ar Rum ayat 41: “.....have everseen the distruction in land and in the sea because of human hands activities”. In this context, TLAS is one form of good governance forest management and is legal according to positive law and Islamic law. This system must be supported by the society, so that the idea to free from illegal logging and illegal timber can be realized.Keywords: Distruction Forestry, Timber Legality Assurance System, Islam Conseption
PENDISTRIBUSIAN ZAKAT PERDAGANGAN TELUR AYAM PETELUR (Studi Kasus di Desa Punjul Kecamatan Karangrejo Kabupaten Tulungagung) Faidati, Ashima
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (311.391 KB) | DOI: 10.21274/ahkam.2018.6.1.179-202

Abstract

ABSTRACTDisclose the reality of the results of research on zalcat trade law and the legal mechanism of zalcat trade on the provisions regarding the implementation of zakat trading egg laying eggs, which are then analyzed using the theories, so get a clear picture of the problem. The results of research that the authors get from the problem of Islamic law on the implementation of zakat egg trading laying hens in the Village Punjul Karangrejo District Tulungagung is the implementation of zakat that is less in accordance with the provisions of Islamic law of zakat issued by egg vendors laying eggs in the Village Punjul has a diversity of forms, they do not understand how the calculation of his wealth is then issued zalcat 2.5% when it reaches nisab and haul and to whom should be distributed (mustahik) that also without involving amil or other zakat body (institution). Spent his zakat on an average with bentes eggs (term brown eggs broken or broken skin) and rarely using money. From the results of the research is expected to the egg layers egg traders in Punjul Village in particular to be more aware of the obligation of zakat that must be issued with 2.5% percentage per year and more understanding about the provisions relating to zakat trade.Keywords: Distribution, Zakat Trade, Egg, Mustahik
KEBIJAKAN MAJLIS TAFSIR AL-QUR’AN (MTA) DALAM PENETAPAN IDUL ADHA Qusthalaani, Imam
Ahkam: Jurnal Hukum Islam Vol 6, No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (513.196 KB) | DOI: 10.21274/ahkam.2018.6.1.203-226

Abstract

ABSTRACTMajlis Tafsir al-Qur’an (MTA) is one of Islamic organizations established in Indonesia. Although MTA resides in Indonesia, it performs Eid al-Adha by following the determination of Eid al-Adha in Saudi Arabia Kingdom. Muslim scholars agreed that in the implementation of Eid al-Adha in muslim country must be applied in accordance to local mathla’. These scholars opinion is in line with the MUI fatwa about the preliminary decision of Ramadhan, Shawwal and Dzulhijjah number 2, 2004 about the preliminary decision of Ramadhan, Shawwal and Dzulhijjah. MTA performs Eid al-Adha by using the announcement of Wukuf Arafah in Saudi because it has no specific method in determining the beginning of the kamariah month. This MTA’s policy is not proper yet in Indonesia and need to be reviewed because the process of the determination does not apply the science of astronomy. MTA also seems to be inconsistent in determining the beginning of kamariah month due to the following two contradictory methods, namely imkan al-rukyah to establish the beginning of Ramadhan and Shawwal and global rukyah to establish Eid al-Adha.Keywords: Majlis Tafsir al-Qur’an, Eid al-Adha, Annaouncement of Wukuf Arafah in Saudi Arabia Kingdom.

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