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INDONESIA
DIKTUM: Jurnal Syariah dan Hukum
ISSN : 16931777     EISSN : 25488414     DOI : -
DIKTUM : JURNAL SYARIAH DAN HUKUM Jurusan Syariah sekolah Tinggi Agama Islam Negeri Parepare Fokus pada kajian Studi Ilmu Syariah, Hukum Islam, dan Ekonomi Islam meliputi: Ruang Lingkup Ibadah, Hukum tentang keluarga atau hukum badan pribadi (ahkam al-ahwal al-syakhshiyyah, Hukum tentang kebendaan (al-ahkam al-madaniyyah, Hukum pidana (al-ahkam al-jinaiyayah), Hukum acara (al-ahkam al-murafa’at), Hukum ketatanegaraan (al-ahkam al-dusturiyyah), Hukum internasional (al-ahkam al-dauliyyah), dan Hukum ekonomi dan keuangan (al-ahkam al-iqtishadiyyah wa al-maliyyah). Etika Publikasi
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Articles 10 Documents
Search results for , issue " Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM" : 10 Documents clear
MAQASHID AL-SYARI’AH (Telaah dalam dimensi Ketuhanan dan Kemanusiaan) Rasyid, Muh. Haras
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.756 KB) | DOI: 10.28988/diktum.v10i2.259

Abstract

This article titled “Maqashid al-Syari’ah (Assessing the dimensions of Divinity and Humanity)”. Maqashid al-Syari’ah, it simply means that the purpose of Allah swt, create Syari’ah that govern the lives of His creatures especially humans. One of the most important goals are for the benefit of human life in all aspects, both aspects of the spiritual and physical aspect. Allah Swt. creating Syar’ah, philosophically when analyzed contains two dimension. First, the absolute dimensions or non-negotiable and must be received in faith. What Allah commanded and forbidden, must be carried out (dimensions Godhead). Second, the dimensions of which there are legal aspects relating to the real conditions of human life from time to time. These aspects require reasoning or human involvement to solve the legal problems faced by humans (human dimension).
KONSEP ISHLAH DALAM HUKUM ISLAM (Perspektif tafsir Maudhu’iy) Saidah, Saidah
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (425.498 KB) | DOI: 10.28988/diktum.v10i2.260

Abstract

Alquran is guidance of Muslim of all their actions. So, we never forget alquran as guidance to solve our (muslim’s) problems. Beside that the islamic law is based of alquran. That’s meaning all of the rules in islamic law must be based on alquran. In realities, the society of muslim appear many problems (complict) and Ishlah (peace in English term) is one of way to end the complict. According in this written, islah is the best way than the other ways to make peace who the people’ complict.
ANALISIS KEDUDUKAN HUKUM DALAM ALQURAN (Suatu Analisis Keadilan dan Kemanusian) Firdaus, Firdaus
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.739 KB) | DOI: 10.28988/diktum.v10i2.261

Abstract

The Quran not only regulates human vertical relationship with God, but also set the horizontal human relationships with each other and with the natural surroundings. The number of verses in the Quran the law only slightly compared with the governing creed. Verses such laws are generally global, in tune with the dynamics of a society that is always dynamic, growing and changing. The concept of the law of the Koran integrating between justice and humanity, which is reflected in the implementation of the punishment like any concepts valuable humanitarian obligations. The concept of justice and humanity in the law is essentially a objectives of Islamic law.
KONFLIK DAN KETEGANGAN DALAM HUKUM ISLAM ANTARA STABILITAS DAN PERUBAHAN Musyahid, Achmad
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.345 KB) | DOI: 10.28988/diktum.v10i2.262

Abstract

Conflict and tension is by Noel James Coulson in Islamic jurisprudence that the law of God is always confronted with the process of human intellectual activity that tries to transform the law of God. Law is a system of commandments determined divinity. Rejecting the principle is basically leaving the faith in Islam. While the transformation of man-made law take its own shape in the system of rights and obligations. The validity of the theory is not appropriate because Coulson puts clerical dissent as a form of conflict and contradiction in the law of Islam, although in epistimologi Islamic law that is intended to understand and find the law is not to define or create it. In the social history of Islamic law distinction paradigms of legal thought, especially among ahl rayi and Ahl- Hadith is not something that reflects the nature of the conflict and discord among Islamic jurists but the difference is the difference in viewing epistimologi Islamic law
TA’LIK TALAK DALAM PERSPEKTIF FIQH DAN KOMPILASI HUKUM ISLAM (Analisis Perbandingan) Sesse, Muh. Sudirman
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (450.223 KB) | DOI: 10.28988/diktum.v10i2.263

Abstract

This paper describes the problem Talik Separations Fiqhi perspective and Compilation of Islamic Law. Discussion of the results obtained by the understanding that: the problem Talik Separations, deviation occurs among the jurists, some of which allow and disallow others. While in Indonesia Talik Separations has existed since the Dutch era, and has undergone many changes even at the time of independence to the present, the formula had been established by the Ministry of Religious Affairs in order to protect his wife from ill-treatment from her husband. In the administrative procedures for the settlement of marriage Indonesia, proof of being part Talik Divorces are very important in order to meet the demands of applicable legislation for citizens, especially Muslims, this is important because it is one evidence in court, in case of contested divorce.
SOSIOLOGI PENEGAKAN HUKUM DALAM KEJAHATAN GENG MOTOR Fikri, Fikri
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.368 KB) | DOI: 10.28988/diktum.v10i2.265

Abstract

We know that the rule of law requires both citizens and governments to be subject to known and standing laws. The enforcement or supremacy of law also requires generality in the law. This principle is a further development of the principle of equality before the law. Laws should not be made in respect of particular persons. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security. In this connexion, when the Geng of Motorcycle appeared, there are many problems of law in society. They can’t feel their freedom, security and conducive situation. Therefore, we must give a big attention to solve the Geng of Motorcycle, so that in society the laws ought to be rooted in moral principles, which cannot be achieved if they are framed in too detailed a manner. The enforcement of law to the Geng of Motorcycle requires a definition of law to which the above principles may go some way. A failure to maintain the formal differences between these things must lead to a conception of law as nothing more than authorisation for power, rather than the guarantee of liberty, equally to all.The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-established and enforced by law.
ANALISIS KEDUDUKAN HUKUM ISLAM DALAM SISTEM HUKUM DI INDONESIA Baharuddin, Matta
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.479 KB) | DOI: 10.28988/diktum.v10i2.268

Abstract

The legal status of Islam in Indonesia is equivalent to the Dutch East Indies heritage law and customary law. Indonesias population are Muslim, Islamic law is the source of the development of national law. Islamic law will be determined at the discretion of the national law as the legal government policy. Politicians, Muslim intellectuals and practitioners of Islamic law so to have a role in the enforcement of Islamic law into national law.
PERBANDINGAN MASLAHAT DALAM PANDANGAN IMAM MALIK DENGAN IMAM AL-GAZALI Masse, Rahman Ambo
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.813 KB) | DOI: 10.28988/diktum.v10i2.269

Abstract

The idea of benefit to Imam Malik has a style of its own, which makes the beneficiaries as a method of law that can provide special insight into the passage of a general nature, and even tend to practice the beneficiaries rather than nas, nas contextually if it is not in accordance with the socio society. Beneficiaries in view of al-Ghazali is an expression of something that will benefit and refused harm, the beneficiaries can maintain the intent Syaria. The purpose of the Syariah concerning humans, there are five cases, which is preserve religion, life, intellect, lineage, and wealth. What are five things related to it are called beneficiaries. Otherwise everything can destroy five of the above named mafsadat. Differences thought benefit to Imam Malik and Imam al-Ghazali lies in the use of the ratio in the determination of the existence of a benefit. Imam Malik freer in the use of ratios to determine the existence of a benefit. While Imam al-Ghazali still assume that the ratio is able to capture the presence or absence of a benefit as justified by the revelation. Thus the applicative, Imam Malik freer in determining beneficiaries than Imam al-Ghazali
MARKETING DALAM PERSPEKTIF HUKUM ISLAM H. Syahrul, H. Syahrul
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.601 KB) | DOI: 10.28988/diktum.v10i2.270

Abstract

Spiritual marketing is accomplished when the business we are able to provide happiness, honesty and fairness runs, whatever field were in. do not conflict with Islamic principles. Characteristics of Islamic marketing is: Rabbaniyyah, Akhlaqiyah, Al-waqiyyah, and human. Implementation of Marketing Sharia implemented when nine ethical marketing can be realized, namely: piety, Siddiq, Al-Adl, Khidmah, Al-Amanah, Suuzh-Zahn, backbiting, and do Riswah. Conventional marketing is free marketing value and not based on divine values in all marketing activities, marketers only focus on achieving set targets sellers. In Islamic marketing a must that every marketing activity he is always being watched by Allah, so be very careful in maintaining the marketing activities
EPISTEMOLOGI USHUL FIQH Badwi, Ahmad
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.515 KB) | DOI: 10.28988/diktum.v10i2.273

Abstract

Usul-Fiqh is the science of wealth treasury directly or indirectly, helped enrich our religious models. Implementation of Islamic Shariah will be hard if the science is not there, because-fiqh usul fiqh regarded as a guide is the answer for our lives. This science can answer some of the issues raised, it is that we can exploit, we should know the answer to what needs to be performed by this science. In Islam, all the texts of the Quran and Hadith al-zhanni shaped the meanings that emerge from the text was always formulated in a different conclusion (mukhtalaf FIH). For followers of the theory mushawwibah would say that all the disparate conclusions, which really is not one, in fact it could be all right. Similarly, if all the jurists show frameworks in line with the path-fiqh usul. While followers mukhaththiah would argue that all the conclusions that a lot of it, which is really just one, especially if there was some conclusions contradictory values. Approach to regional schools and schools of universal merefren basically on the corner of the development of usul fiqh itself. If ushuliyun it absurd to base its development on its own, meaning he developed a regional-fiqh usul

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