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AHKAM
JURNAL AHKAM Diterbitkan oleh Fakultas Syariah dan Hukum Universitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta bekerja sama dengan Himpunan Ilmuwan dan Sarjana Syariah Indonesia (HISSI). Berkala ilmiah ini mengkhususkan diri dalam pengkajian ilmu kesyariahan dan terbit dua kali dalam satu tahun (Januari dan Juli) AHKAM Jurnal Ilmu Syariah telah “TERAKREDITASI” berdasarkan Keputusan Direktur Jenderal Pendidikan Tinggi Kementerian Pendidikan Nasional Republik Indonesia Nomor: 81 /Dikti/Kep./2011
Articles
166
Articles
KONSEP PEMBAGIAN HARTA BERSAMA BERDASARKAN KONTRIBUSI DALAM PERKAWINAN

Kurniawan, Muhamad Beni ( University of Indonesia, Graduated Bachelor of Syariah Law from UIN Jakarta )

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

This article describes marital property issues. How to devides marital property that can give justice to the parties. Becaused of that, this article provides a concept that can give justice to the parties ie marital property’s dstribution based on contributions in marriage. This concept is regarded more fair than the concept that provided by KHI. This study also gives religious court’s judges opinion about the concept of marital property’s distribution based on contributions in marriage. This article concludes that the conceptof marital property’s distribution based on contributions in marriage is thed istribution of marital property by assessment the contribution of the parties.In marital properties cases, if one party gives more contribution than the others, The judge can do contra legem. So that in casuistic, The distribution must not be 50% maybe the widower get 25% and the widow get 75% depend on their contributions. DOI: 10.15408/ajis.v17i2.4741

Al Jam’iyatul Washliyah dan Problem Kepemimpinan Non Muslim dan Perempuan

Jafar, Jafar ( UIN Sumatera Utara )

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Al-Washliyah as an organization engaged in education, dawah,social charity and Islamic law, faces challenges in responding to current issues of non-Muslim and female leadership. This article examines Al-Washliyahslegal view of non-Muslim leaders and women. This study found Al-Wasliyahs dissent of non-Muslim leadership and women. Organisationally, Al-Washliyahs Fatwa Council rejects non-Muslims as leaders for Muslim societies, although there are some scholars and intellectuals of Al-Washliyah who have different opinion on non-Muslim leaders. Also, this organization does not allow women to become heads of state, although some of Al-Washliyahs young intellectuals do not mind if women become heads of state. DOI: 10.15408/ajis.v17i2.5204

Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts

Tua Manik, Saut Maruli ( Program Doktor Ilmu Hukum Universitas Andalas ) , Yaswirman, Yaswirman ( Program Doktor Ilmu Hukum Universitas Andalas ) , Azheri, Busra ( Program Doktor Ilmu Hukum Universitas Andalas ) , Ikhwan, Ikhwan

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

The research focused on the importance of the establishment of special courts within the Religious Courts in the settlement of sharia economic disputes, and the legal construction of the establishment of a special syariah economic court within the Religious Courts. The results of research: First,the establishment of a special syariah economic court within the Religious Courts can achieve efficiency and professional realization so that the belief of sharia economic community towards the Religious Courts is realized. Second,the construction of the special law court of Islamic law within the Religious Courts is the 1945 Constitution and Law Number 48 Year 2009 on Judicial Power, and the position within the Religious Courts under the Supreme Courtin accordance with Law No. 3 of 2006 on Amendment to Law Number 7 of 1989 concerning Religious Courts jo Law Number 50 Year 2009 concerning Second Amendment to Law Number 7 Year 1989 on Religious Courts. DOI: 10.15408/ajis.v17i2.6082

المظاهرات السلمية تطبيقا لنظام الرقابة الشعبية في الفقه الإسلامي والقانون الوضعي الإندونيسي

Hasbi, Rusli

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Demonstration is one application model of the people supervision against the government’s performances, which is based on amr ma’ruf nahi munkar and aims to realize people’s aspirations when they want to change a law and a government policies or aims showed disagreement over what happens inside the country or a broad, such as injustice, etc, and Islam has legalized demonstration during carried out public interest and in order to maintain security and stability of society, the government also has ensured this demonstration with giving rights and freedoms to every citizen to express their aspirations in accordance with applicable laws. DOI: 10.15408/ajis.v17i1.6228

Telaah Kritis Terhadap Perkawinan Usia Muda Menurut Hukum Islam

Wafa, Moh. Ali

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Young marriage discourse has always been a debate in Islamic legal thought. This study analyzes differences of opinion among jurists in determiningage limits (balīgh, iḥtilām, rushd) which implicates the right of ijbār in marriage.The scholars of Shafiyah allow the right of ijbār with very difficult and rigid requirements, while Ibn Shubrumah, Abu Bakr, Al-Asham and Al-Batii do not allow the right of ijbār, even their marriages are considered null and legal. This study found that marriage of young age is determined by the benefits arising from marriage. This study has implications for the implementation of the maslahah mursalah as an alternative in establishing the law on the age limit of marriage in Indonesia. DOI: 10.15408/ajis.v17i2.6232  

Competing Political Ideologies on the Implementation of Islamic Law in Indonesia: Historical and Legal Pluralist Perspectives

Salim GP, M Arskal

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

A contest between different political ideologies took place in the early years after the independence of the Republic of Indonesia. The debate centered on whether the new state would officially apply Islamic law. This article looks at the past events that demonstrated the recurring contest between various ideological camps at different levels and forms. Employing both historical and legal pluralist perspectives, this article ponders several themes at different time and places to show typologies of political ideologies throughout Indonesian modern history. DOI: 10.15408/ajis.v17i2.6233

Kebijakan Berdimensi Syariah dalam Sistem Partai Politik Islam

Ihsan, A. Bakir ( Fakultas Ilmu Sosial dan Ilmu Politik UIN Syarif Hidayatullah Jakarta )

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

The study of Sharia-compliant policy tends to be seen only in the aspect of output, while processes and mechanisms are not much attention. Sharia-compliant policy is actually born from Islamic processes and systems that provide a conducive space for its emergence. The existence of Islamic political parties as the forces involved in legislation is very important toexamine to see the aspects of sharia in the process of making it. Through this qualitative approach, this paper dissects the mechanism of policy formulation applied by Islamic political parties, in this case the Development Unity Party(PPP) to see the relation between process and output. DOI: 10.15408/ajis.v17i2.6234

ربا القرض في المعاملات المعاصرة في ميزان الإقتصاد الإسلامي

Rasyid, Daud ( Universitas Islam Negeri Syarif Hidayatullah Jakarta )

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Borrowing is a transaction that has been taking place from the earliest human civilisation. Islam encourages its followers to lend others who need it and promises big reward. Islam prohibits any exploitation of people in difficulty by asking for more than what has been borrowed, in any form, either in the form of additional money or in services. In current modern era, someone cannot escape from Bank as an institution that provides a product of lending money to their customers. However, the compensation of the loan is the Bank requires additional payment in some percentage on top of the capital that being borrowed as per defined in the loan agreement when customer pay off the loan, either paying with cash or instalment. The Bank will apply a charge to the borrower when the repayment of the instalments or the pay off is overdue. There are also additional charges such as administration fee that is charged to the customers. DOI: 10.15408/ajis.v17i2.6235

Customary Law of Inheritance and Migration: Adoption of The Old Regime or Adaptation to The New One?

Sukarti, Dewi

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

This article is a result of field research about the culture of inheritance of migrating Besemah people in Jakarta. The research questions raised in this article are do migrating Besemah people adopt their customary law of inheritance or do they adapt to the regime prevailed in the Jakarta? This article found that Besemah people living in Jakarta have been adapting to the urban way of inheritance which gives similar share between men and women and gives a strong position to wife. Another important finding is that only a small number of migrating Besemahers still maintain the old value and customs of their region of origin. DOI: 10.15408/ajis.v17i2.6236

Factors Affecting The Repayment Rate of Musharaka Financing On Micro Enterprises ; Case Study of BMT Al Munawwarah, South Tangerang

Effendi, Jaenal ( Faculty of Economic and Management IPB ) , Pratiwi, Anggita Aulia ( Faculty of Economic and Management Bogor Agricultural University )

AHKAM : Jurnal Ilmu Syariah Vol. 17, No. 2, Juli 2017
Publisher : Universitas Islam Negeri Jakarta

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Abstract

The existence of micro-enterprises has an important role in nationa leconomy. However, access to financial institutions for obtaining additional capital for their business is still low. It has influenced the characteristics ofmicro-enterprises considered to be not bankable. The purpose of this study isto analyze the characteristics of the micro-enterprises based on the repay mentrate of musharaka financing and analyze the factors affecting repaymentrate of musharaka financing, which given to micro-enterprises at BMT Al Munawwarah, South Tangerang. By a logit method,this research showed a significant variable affecting repayment rate of musharaka financing namely gender, the amount of financing, collateral, other loans, and BMT visitation. DOI: 10.15408/ajis.v17i2.6238