Syariah Jurnal Hukum dan Pemikiran
ISSN : 14126303     EISSN : 2549000x
This journal focused on Islamic Law Studies and present developments through the publication of articles, research reports, and book reviews. Syariah specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Articles 6 Documents
Search results for , issue " Vol 15, No 2 (2015)" : 6 Documents clear
ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

Hakim, Budi Rahmat

Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Original Source | Check in Google Scholar | Full PDF (265.888 KB) | DOI: 10.18592/syariah.v15i2.552

Abstract

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

PENGHALANG KEWARISAN DALAM PASAL 173 HURUF (a) KOMPILASI HUKUM ISLAM

Fithriani, Ahda

Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Original Source | Check in Google Scholar | Full PDF (476.236 KB) | DOI: 10.18592/syariah.v15i2.547

Abstract

The presence of Article 173 (a) Compilation of Islamic Law brought changes in Indonesia because Islamic inheritance particularly attempted murder and persecution to enter weight as a barrier inheritance. Previously, jurists agreed only three things that make an unobstructed heir to inherit that slavery, religious differences, and murder. Through the viewpoint of Islamic law, attempted murder and persecution weight of a renewal in Islamic law which is supported by one of the methods of ijtihad is sadd al-zariat. Methods sadd al-zariat closed the road for someone to expedite the distribution of the estate with attempted murder and severe persecution against muwarris. Through this method, the inheritance rights of the offender will be hindered because of his actions.

IKHTILAF ULAMA TENTANG KEDUDUKAN BASMALAH DALAM AL-FATIHAH DIBACA KETIKA SHALAT

AZHARI, FATHURRAHMAN

Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Original Source | Check in Google Scholar | Full PDF (409.112 KB) | DOI: 10.18592/syariah.v15i2.553

Abstract

The authorities agreed when starting an act of worship was told to read Basmalah, but the deviation that the Basmalah including one verse of Surah al-Fatihah, and there are also differences of Basmalah in the prayer that is read when reading Surah al-Fatihah. Imam Malik, Imam Hana?and Ahmad ibn Hanbal agree that Basmalah does not include the verses from Surah al-Fatihah, but they differ in reading in the prayer if Imam Malik argues that is Makruh, and then Imam Hana?and Imam Ahmad bin Hanbal believes it as Sunnat. While the opinion of Imam Sha?i Basmalah is one of the verses of Surah al-Fatihah, so, we must read Basmalah in the prayer when reading Surah al-Fatihah. Each of the scholars expresses their opinions with arguments of the Sunnah that supports and reinforces his view.

DAMPAK DARI PENETAPAN UU NOMOR 26 TAHUN 2000 TERHADAP KEJAHATAN KEMANUSIAAN DAN GENOSIDA DI INDONESIA

HAFIDZI, ANWAR

Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Original Source | Check in Google Scholar | Full PDF (244.307 KB) | DOI: 10.18592/syariah.v15i2.548

Abstract

Until now several media in Indonesia is still preaching about violence in the name of religion, the burning of places of worship, Lapindo victims are still homeless, and many more events that involve the community in large numbers. Every human being has the right to live, but whether the appropriate law enforcement or still need improvement. This brief article will look at the impact of Law Number 26 on 2000 regarding Human Rights Court and its relevance to law enforcement. With the enactment of this Act, at least provides an opportunity to take back the cases of gross human rights violations that had occurred before the article appeared 43,44,46 of the Ad-hoc human rights court. Of course in the end, it is required for the support of law enforcement of?cials, political in?uence and a role of the community to criminalize of human rights although it is still the absence of explicit provisions in its implementation.

DISHARMONISASI PROBLEM PENGELOLAAN SUMBER DAYA ALAM DI KABUPATEN KOTABARU

MUZAINAH, GUSTI

Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Original Source | Check in Google Scholar | Full PDF (195.252 KB) | DOI: 10.18592/syariah.v15i2.549

Abstract

This paper discusses the rules that con?ict with the higher, so the local regulations must be canceled. If the local law has been withdrawn, the local laws cannot be enforced and cannot be guided due to invalid. On the contrary, if the local legislation has not been canceled, then the local regulations have binding force or valid until cancellation. The urgency of norms con?ict resolution of that theory, based on the deepest layer of law that is the legal philosophy in mining activities in forest areas is precisely the Forestry Act rests the preservation of forests while the regency government was grounded in economic interests.

KEJAHATAN TERHADAP ANAK DAN SOLUSINYA MENURUT HUKUM ISLAM

NURWAHIDAH, NURWAHIDAH

Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Original Source | Check in Google Scholar | Full PDF (431.756 KB) | DOI: 10.18592/syariah.v15i2.550

Abstract

Children should live a life that is safe and comfortable with their parents and nanny. But the fact is happening, children often face persecution, violence, beatings and harassment, which often lead to death. Islamic law set some rules that may be subject to criminal perpetrators of violence against children committed by parents themselves, not others, while punishment requires an equal position between the perpetrators to the victim. There are scholars argue parents remain exposed qishash, and other scholars argue there is no qishash, just tazir and parents lose their right to inherit property. A lot of cases that occurred in the community in a variety of species, and most perpetrators have been sentenced. However the case that appears only a small part are revealed. In the midst of such conditions should be enforced once hadhanah principles stipulated in Islamic law. Hadhanah emphasize parenting to parents and close family, so that children can be cared for with love and responsibility. So the lives and safety of children will be more secure and protected.

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