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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
188
Articles
Toward Zakat Management Integration in Indonesia: Problems and Solution

Hidayatullah, Arif, Priantina, Anita

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

The functions of zakat collection and distribution are carried out by both government and private institutions in Indonesia. As those institutions work without coordination, zakat integration become the main issue. This condition resulted in a zakat distribution gap. The center of economy such as Java may have significant zakat collection and zakat distribution , while remote area with limited resources and worse economic level may face both low zakat collection and zakat distribution. The enactment of Law No. 23 of 2011 concerning the Zakat Management brings hope for integration between government and private zakat operators. This study aims to find out the problems in implementing the Zakat Law, provide solutions and strategies to optimize the effort towards integrated zakat management. The method used in this research is the Analytic Network Process (ANP). The results indicate that there are two clusters of problems; internal and external. Internal issues sorted by priority order are: lack of human resources performance, lack of coordinator capacity, the different level of understanding, and lack of commitment of the zakat operators. External issues sorted by priority order are: lack of information technology development, lack of zakat management standard, lack of information dissemination, and lack of technical regulation. The solutions proposed to solve internal problems according to priority ranking are: coordinator capacity building, internal education on zakat integration, human resource monitoring and evaluation, and zakat operators commitment building. Finally, according to the respondents, the solution proposed based on priority ranking are: zakat management SOP setting, zakat law information dissemination, IT system building, and zakat technical regulation.

INDONESIAN TERRORIST, ISIS, AND GLOBALIZATION OF TERROR: A PERSPECTIVE

Sahrasad, Herdi

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 1, Januari 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Terrorism has been critical issues in Indonesia. Latest, Santoso, a frontman of terrorists based in Poso, central Sulawesi, can be terminated. His radical adventures in Poso and East Indonesia has inspired many youths to follow his bloody road in an effort to carry out holy war against the secular democracy in Indonesia. In pursuit Santoso, the battle between security forces and terrorists often happens in the field. Santoso group are part of the radical Islamist networks in Southeast Asia, and their imagined solidarity with the Middle East radical Islamists are relatively strong. So that the military help the police to combat terrorism in Indonesia.

Nyabek Toloh; Traditional Bid in Madura Culture a review of Sociology of Islamic Law)

Sopyan, Yayan, Nidzami, Muhammad Shofwan

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Indonesia is a country built on the pillars of diversity, in terms of ethnicity, culture, custom, and religion. Indonesian society is also known as a religious society, with religious values in various aspects of life. However, Indonesia is not a religious country, nor a secular country. If for Indonesians, religion is not their main purpose, then, it is a part of their life.There has been a smooth cohesion between religion and tradition in Indonesia. One of the examples is the tradition of Nyabek Toloh in Madura, which is a marriage proposal tradition. This paper examines the practice of nyabek toloh in Romben Guna village, Dungkek Region, Sumenep-Madura. The purposes of nyabek toloh are to symbolize the establishment of a relationship between the family of a male and female fianc; to show the responsibility of a man to a woman by giving toloh; to maintain mans dignity, and to maintain the tradition of sangkolan (elders). Conducting nyabek toloh is a must in abhakalan (marriage proposal); the absence of nyabek toloh will lead to the cancellation of abhakalan.

Women Dealing with The Law in Religious Courts

Wahyudi, Muhammad Isna

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Religious Courts in Indonesia which have special jurisdiction to hear disputes among Muslims are directly involved with the issue of women dealing with the law. Most of the Indonesian women seeking justice in religious court. Hence, it is important to discuss the application of justice and gender equality perspective in religious courts involving women dealing with the law. Employing justice and gender equality perspective, the author discusses some crucial issues including divorce, female witness, child marriage, joint property, polygamy, child custody, child denial, and paternity. It argues that such discussion is important as guidance to judges of religious courts in applying Supreme Court Regulation (PERMA) No. 3/2017 on Guidelines for Hearing the Case of Women Dealing with the Law.

The Positivisation of National Sharia Board Fatwa About Mudaraba Into Financial Service Authority Regulation

Hasanah, Nur

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

The positivisation of National Sharia Board (DSN) fatwa about mudaraba into Financial Service Authority (OJK) regulation is an effort which conducted by OJK in running its regulating such as arranged in the Law Number 21 of 2011 regarding OJK. With this positivisation, DSN fatwa has legal and binding power because getting inside regulation such as arranged in the Law Number 12 of 2011 regarding the Establishment of Legislation (P3). However, there are gap and the difference content between the provisions in DSN fatwa above with OJK regulation by dint of positivisation pattern. Moreover, although there is DSN fatwa content which has not been asorbed in to OJK regulation, but it still has legal and binding power in sharia financial industry in case reviewed from the perspective of H.L.A Harts legal theory.

Circumcision Law in Christianity and Islam

Tanggok, M Ikhsan

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

For Muslims around the world, circumcision a common tradition that has been passed down from generation to generation. If their child is not circumcised, Muslim parents feel guilty for not fulfilling their religious duties. The Muslim practice of circumcision follows the tradition of the Prophet Abraham, not the prophet Muhammad. Unlike the Quran, the performance of circumcision is instructed by the Bible, but there are both some Christians who do it and some who do not. They disagree about the law surrounding circumcision described in the Bible. The messengers mentioned in the Bible also have different views about it, some believing it is mandatory and others not. For this reason, some Christians perform circumcision because of their awareness of its connection to bodily health and others to obey the teachings of Jesus; meanwhile, some do not carry out the messengers' orders because of their different interpretations of them.

The competence of Religious Court in Indonesia and Syahadah Istifadhah (Testimonium De auditu) in Case of Itsbat Waqf

Iman, Rifqi Qowiyul

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

This paper examines how exactly the absolute competence of the Religious Courts and the application of syahadah istifadhah (testimonium de auditu) in the case of waqf determination submitted to the Religious Court as a judicial institution under the Supreme Court of the Republic of Indonesia. In the discussion, it is explained how the competence of the Religious Court especially in the case of waqf determination as arranged in Law No. 3 Year 2006 About Religious Courts combined with Law Number 41 Year 2004 About Waqf. In addition, this paper also compares between the concept of syahadah istifadhah and testimonium de auditu also its legal force in the case of verification at the court especially in the case of waqf determination. This paper concludes that the assignment of Waqf is the absolute authority of the Religious Courts. In addition, according to Islamic jursiprudence syahadah istifadhah can be used as a means of proof in waqf determination.

Arrangement Investment-Based Insurance with Sharia Principles Post Enactment Law of Number 40 Year 2014 Concerning Insurance

Wetria Fauzi, Wetria Fauzi Wetria Fauzi

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

Indonesia's legal system comes from civil law brought by the Dutch royal government to Indonesia during the colonial period. Civil law can be traced its roots to French civil law to Roman law. Insurance is equated with gambling The concept of insurance in insurance legislation states that insurance is a risk transfer institution. Despite the Law No. 40 of 2014 on Insurance, the law is still conceptualize insurance as an institution of protection. This new insurance law is a dual insurance system, which regulates conventional and sharia insurance systems. It needs to be initiated The Formation of Special Law regulates sharia insurance in Indonesia, because conventional and sharia are two very different things in principle.

Urgency of the Establishment of The Act on Sharia Capital Market

Desiarto, Kurniawan

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

The paper confirms that the growth of the Islamic economy amid the global crisis shows the development of the Sharia capital market is not only in various Muslim-majority countries, but also in a secular countries like United States of America. This paper also more emphasis on the urgency of making a law on the Sharia Capital Market. The growth of the sharia capital market even though it has increased, but the regulation of the existence of the sharia capital market has not been regulated by law. Meanwhile Law Number Year of 1995 Regarding the Capital Market founded some shortcomings and outdated. Whereas activities in the capital market can lead to dispute. Along the time, disputes in the capital market can be resolved through non-litigation channels, one of which is arbitration, not fully accommodated in the Capital Market Law. Regulations regarding the sharia capital market on the basis of a law and at the same time strengthen sharia arbitration as an alternative dispute resolution in the sharia capital market.

Dispute Resolution of Economy Based on Local Values (Case Nangroe Aceh Darussalam)

Kamarusdiana, Kamarusdiana

AHKAM : Jurnal Ilmu Syariah Vol. 18, No. 2, Juli 2018
Publisher : Universitas Islam Negeri Jakarta

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Abstract

This paper wants to see the configuration of various forms of customary law relating to the economy as a living law in society. This paper is based on research using qualitative methods with a historical approach. The data was obtained from the field and the interview which was then processed analytically descriptive. The results of this study obtained four (4) configurations of customary law relating to the economy with the form, first, the customary law of economic configuration of philanthropy in order to uphold the teachings of religion (Islam) and habits found in society. Secondly, the configuration of semi-economic customary law in which businesses (capital owners) conduct business are accompanied to assist the farmers. Third, the configuration of pure economic customary law in doing business. Fourth, the configuration of economic customary law in protecting nature. This research also strengthens socio-economic assumptions and impacts on the social dimension in economic law.