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Muhammad Syafar
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ALQALAM
ISSN : 14103222     EISSN : 2620598X     DOI : -
ALQALAM (e-ISSN: 2620-598X; p-ISSN: 1410-3222) is a journal published by the Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-INDONESIA. ALQALAM is an academic journal published twice a year (every six months). ALQALAM had been accreditated by Ministry of Education and Culture No. 80/DIKTI/Kep./2012, 13 Desember 2012. This journal focuses on specific themes of Islamic Studies.
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Articles 7 Documents
Search results for , issue " Vol 26 No 2 (2009): May - August 2009" : 7 Documents clear
HUKUM HUMANITER INTERNASIONAL Danial, Danial
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (641.795 KB) | DOI: 10.32678/alqalam.v26i2.1556

Abstract

This pape tries to explain the difference and the similarty of the law system that regulates the war law stated both in the International humanitarian law and in the Islamic law. This article will answer two main problems. First, what are the difference and the similarity of the regulation of the war law between International humanitarian law and the Islamic law? Second, to what extent is the. implementation of both International humanitarian law and the Islamic law when the war occurs?Based on the research the writer conducted, it could be concluded that: first, the similarity of the war regulation between International humanitarian law and the Islamic law covers the regulation of the beginning and the ending of the war, the method and the means used in the war time, the regulation of the war prisoner protection, the regulation of the civil society protection. In addition, both of these laws aims at humanizing the war. Moreover, the difference between International humanitarian law and the Islamic law are that while Islamic law clearly regulates the prohibition of war, the qualifications as prerequisites of war and the principle of balance, International humanitarian law do not do it so clearly that it enables a conflict tends to be a potential for war. Hence, the principles of Islamic law are appropriate to apply in, modern war condition. Second, the use of nuclear, biological and chemical weapons, ill-treatment toward war prisoners, cruel treatment and ravishment toward civil society during wars show us that the implementation of International humanitarian law has not applied completely by the parties of lawsuit in wars. Different from the implementation of Islamic law both in the Prophet era and in caliph era, in every war, the Muslim soldiers much appreciated the human values such as a very human treatment to those who did not take part in wars, the war prisoners, even to animals.
AL-IJARAH AL-MUNTAHIYAH BI AL-TAMLIK (IMBT) DALAM PERSPEKTIF ANATOMI KONTRAK BISNIS Mubarok, Jaih
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (874.301 KB) | DOI: 10.32678/alqalam.v26i2.1551

Abstract

AI-Ijarah al-Muntahiyyah bi al-Tamlik (IMBT) is conceptually almost the same as leasing which is conducted by world financial institutions, including those of in Indonesia. IMBT is a service product of syari'a financial institution which is transparant and is able to involve the third party whenever it is necessary. In the context of Indonesia, economic syari'a is culturally designed and run by the Coumil of Indonesian Ulama (MUI). In order to regulate the bussiness in the syari'a system, MUI forms the Council of National Syari'a (DSN) issuing the fatwas; in order to give monitoring, DSN places The Board ef Syari'a Controller (DPS) in every business unit which uses syari'a system; in order to solve the syari'a business disputation, MUI forms the Arbitration Board of National Syari'a (Basyarnas). Moreover, The State has structurally accomodated the system of syari'a business in law and regulation. Therefore, The openess characteristics (the principle of free based contract) which is also practiced in the contract of IMBT is restricted by the law and regulation and considered appropriate in syari'a point of view based on DSN-MUI fatwas.
HUBUNGAN ANTARA MOTIVASI KERJA, DISIPLIN KERJA DAN PENGETAHUAN KEPEMIMPINAN PENDIDIKAN DENGAN KINERJA KEPALA SEKOLAH Syarifudin, E
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (731.758 KB) | DOI: 10.32678/alqalam.v26i2.1554

Abstract

The objectives of the research are to study the relationships between work motivation, Work discipline and knowledge about educational leadership with school principal's performance. This research was conducted at State Junior High School (SLTPN) Serang Regency, Banten Province with a sample of 60 selected randomly.The research reveals that there is positive correlation between: (1) work motivation and school principal's performance; (2) work discipline and school principal's performance; (3) knowledge about educational leadership and school principal's performance. Furthermore, there are positif correlation among work motivation, work discipline and knowledge about educational leadership with school principal's performance. Therefore, school principal's performance could be improved principal's performance. Therefore, school principal's performance could be improved by increasing work motivation, work discipline and knowledge about educational leadership.
PENDIDIKAN ISLAM DALAM TANTANGAN GLOBAL Asrori, Achmad
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (771.445 KB) | DOI: 10.32678/alqalam.v26i2.1553

Abstract

Globalization era is the reality that we ought to face it. The on going changes and some problems of education as the impact of globalization must be faced and solved as well as possible both on discourse and conmte or action polity phases. Inevitably, the islamic education will be involved and insisted to be able to give a significant contribution. This paper describes urgenry of the islamic education to reconstruct its self before, both in the institutional management, programs and learning aspects, and we must realize that the religious education has the important role in the national education system as "core of education". What must be reconstructed, wiry and how to reconstruct the islamic education? This paper answers those questions.
AKAR-AKAR TRADISI POLITIK SUNNI DI INDONESIA Iqbal, Muhammad
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (899.304 KB) | DOI: 10.32678/alqalam.v26i2.1555

Abstract

The Sunni doctrine plays an important role in the government. Its accommodative characteristic is something important that makes Sunni doctrine to be a device of the legitimation of the authority. The Muslim thinkers of classical Sunni such as al-Mawardi (975-1058 M), al-Ghazali (1058-1111 M) and lbn Taimiyah(1263-1329 M) have a great role in formulating the political doctrine of Sunni. In spite of the different nuance, all of these three classical Sunni thinkers develop the moderate political doctrine of Sunni. On the one hand, it is, of course, significant in situating the harmonious relation between the ruler and community. Therefore, the social and political stabilities will be well-maintained On the other hand, such a thought for a certain extent evokes stagnancy. Because there is no radical thought which is critical and opposite against the authority, the Sunni idea is frequently made use for the instantaneous interests of power. On evenlttally, the mutual interrelationship between the Sunni ulama and the ruler often happens. While ulama feel obtaining the patronage from the authority, the ruler gains religious justification from ulama. In this context, Indonesia as the country with the majority of Sunni Muslims, as a matter of fact, applies the political doctrine of Sunni. It is because Sunni has had a long and establishei root since. the period of Islamic kingdoms in the archipelago, before Dutch-Colonial period. The archipelago ulama also formulated the harmonious relation between Islam and authority as formulated by the ulama of classical Sunni. The polotical tradition of Sunni was becoming stronger in line with the great influence of ulama in the archipelago kingdoms. This article tries to elaborate the relation between the Sunni ulama with the power of the kings in the archipelago and the patronage of the archipelago rulers toward them.
PERKEMBANGAN PERWAKAFAN DALAM PERUNDANG-UNDANGAN DI INDONESIA Syarjaya, H.E Syibli
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (913.786 KB) | DOI: 10.32678/alqalam.v26i2.1552

Abstract

Ulama have agreed that the Islamic legal for waqf, as a social regulation, is sunna. However, since waqf deals with the public interest, the government is obliged to manage it in the law and regulation. Fiqh al-waqf in the law and regulation always develop from one period to the following ones in accordance with the evelopment of he Indonesian people's thought. This article hies to explore the development of waqf in Indonesian laws since the Dutch colonial period until 2006.
GENDER DIVISION OF LABOUR AND POLYGAMY Aisyah, Siti
ALQALAM Vol 26 No 2 (2009): May - August 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (640.271 KB) | DOI: 10.32678/alqalam.v26i2.1557

Abstract

The Indonesian patriarchal culture and gender inequality is reflected in state policies, regulations and laws. As a pluralistic country comprising of different ethnic groups with specific cultures and traditions, Indonesia has four formal religions: Islam, Christianity, Hindu and Buddhism. Because of this, Indonesian law reflects cultural and religious diversity, including customary law or Adat law, the Marriage Law of 1974 as well as civil and criminal law. Two serious concerns of Marriage Law of 1974 are in relation to gender division of labour and polygamy which undermine Indonesian Muslim women. This paper discusses such an issue to allow women to get equaliry before the law and highlights its contribution to domestic violence.There are two contradictory stipulations with respect to the Marriage Law of 1974: equality in marriage and gender division of labour within marriage. On the one  hand, Article 31 (1) and Article 3 3 clearly state that there is no difference between husband and wife with respect to their basic rights such as love; respect, or fidelity. On the other hand, both of these Articles are contradicted with other articles which  differentiate between a husband's and wife's responsibilities. For example, Article 31 (3) and Article 34 stipulate a clear division between the roles of husbands and wives within marriage. This has become a reference point for Indonesian views in determining gender relations in marriage.Marriage Law of 1974 still which supports gender division of labour between wife and husband should be revised by providing a clear statement that these roles are conditional. This means that husbands can be domestic carers including taking care of children if they have no jobs, while wives can be finacial providers or the head of household if they are capable to do so. In this context, gender roles can be exchanged and are not strictly for a certain gender.  

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