IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
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Paradigma usul fikih multikultural di Indonesia

Dahlan, Moh ( STAIN Bengkulu )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

This study aims to examine how the significance of multicultural paradigm of usul fiqh in social and national life which is diversity. Approach to study uses a paradigm shift in Kuhn’s opinion and theoritical framework of this study uses a “static and dynamic multiculturality” in Baidoeri’s opinion. The results of this study indicated that the diversity of life and religion of this nation need paradigms of multicultural opinion to create social and national life which are quiet, peaceful, tolerant as well as mutual respect and cooperation. As the largest Muslim nation, Muslims of Indonesia should have a multicultural paradigm of us}u>l fiqh to build a fiqh opinion which is tolerant and accommodating towards differences and diversity of socio-culture, politics and religion, rather than monocultural paradigm of ushul fiqh that aims to formalize the Islamic jurisprudence that is exclusive and discriminatory.

Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib

Eficandra, Eficandra ( STAIN Batusangkar )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.

Gerakan penegakan syariah: studi gerakan sosial Hizbut Tahrir Indonesia di DIY

Muhsin, Illya ( Sekolah Tinggi Agama Islam Negeri (STAIN) Salatiga Jl. Tentara Pelajar No.2 Salatiga, Jawa Tengah )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

After the new order (ORBA) has collapsed, HTI is the most solid and has the widest network among the other new Islamic movements that always struggle to implement the Sharia. Furthermore, HTI is the most radical movement because HTI does not only have aims to implement the Sharia but to build Islamic caliphate as well. How the Sharia concept in caliphate frame and the HTI effort in realizing the aims is the focus of this qualitative research. To answer this question, the researcher interviews some HTI activists and attends in some HTI activities in Yogyakarta. According to HTI, the Sharia encompasses every life aspect; such as worship, ethic, food, drink, dress or mu’amalah (government, economy, education, justness. Etc). The Sharia can only be applied perfectly (kaffah) in the Islamic caliphate system. The efforts of HTI in implementing the Sharia in the system of caliphate country are explained by using the Doug Macadam’s theories of social movement; those are 1) political opportunities 2) mobilizing structures; either internal, by tathqif, or external, by tathqif jama’i and talab al-nusrah, 3) framing process by sira’ al-fikri, kifah siyasi and tabanni masalih al-‘ummah. Refering to the social movement, HTI is a revolutionary movement which aims to replace the old social order at all by a new system. This movement tries to save and free the ummah from the broken and kufr system along with social critics to some social troubles which create crisis in life. Therefore, HTI will grow widely in social order which is full of poverty, injustice, corruption and all arbitrariness. Otherwise, HTI will be difficult to be big movement in the prosperous and just countries.

Persoalan riba dalam aktifitas pelepas modal: tinjauan humanisme dan moralitas agama

Zulfa, M ( STAIN Salatiga )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

This article presents a preliminary study on cases of interests added loans between the creditors and small scale merchants. The cases are seen through the textual perspective as the interests embedded transactions (riba). Thus, textually, these kinds of transactions are said to have violated or at least ignored the religious law (fiqh). But in reality, these practices exist and continuous to exist. Hence, there is a thought whether the interconnected and interdisciplinary approach aimed at promoting the spirit of humanity and religious morality can accommodate these practices. This is due to the argument that the religious teaching based merely on texts may provoke exclusivist attitudes that will be less conducive for today’s cultural and religious globalization era. However, the contextual approach neglecting the textual norms as guidance and directions for everyday’s lives will trap someone into the nihilistic attitudes. One of the characteristics of the philosophical approach -in the era of post-existentialism- toward multi faces of Islam is the pattern of the study which does not merely refer to texts of the holy Book and the Prophet’s traditions literally, out of contexts.

Fikih kerukunan dalam naskah Serat Waosan Puji

Zakiyah, Zakiyah ( Peneliti pada Balai Litbang Agama Kementerian Agama Semarang )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

This paper focus on a manuscript entitled Serat Waosan Puji. This manuscript is saved at Widya Budaya library of Yogyakarta kingdom. Data is analyzed using reception theory and sociology of letter. Finding of this research shows that physically this manuscript is in a good condition and readable. This manuscript consists of several texts which tell about do’a (prayer), pillar of faith, pillar of Islam, theology, name of verses in the Quran, Ki Purwadaksina’s teaching, Serat Niti Sruti, and Serat Nitipraja. Meanwhile, the teaching of harmony is stated in three pupuh (chapter) namely pupuh dhandhanggula consisting of Ki Purwadaksina’s teaching, pupuh dhandhanggula consisting of Serat Nitisruti, pupuh dhandhanggula consisting of serat Nitipraja. Among all of those harmonius teaching are (1) philosophy of life comprising pandhita lami, pandhita boja karana, and pandhita umarshandu or pandhita gunung, (2) things which should be avoided namely pandhita sipat, limpad, prakken sang hyang, nggenthong umos and tawang brana. (3) lesson of life interaction such as empathy, respecting others, humble and others, (4) asthabrata, (5) principle of king.

Fikih Melayu Nusantara era pra kolonial

Mahdalena, Mahdalena ( STAIN Malikussaleh Lhokseumawe )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

Fiqh is often perceived as Islam itself. This is becouse the growth of fiqh involves the integration of followers from different backgrounds, languages, cultures and places where human live. Syeikh Abdurrauf Syah Kuala mentioned that language he used in his books was Jawi Pasai language. Aceh pronunciation and writing were conducted in two language, they were Acehnese language and Malay language, because besides Arabic, both languages are official languages in the kingdom of Aceh Darussalam. So, as the product of thought, fiqh does not admit boundaries of space and time. That’s why, the fiqh would be undergoing a process “to become” change according to needs.

Jihadisme Salafi versus pemikiran mubaligh dan guru agama

Saerozi, Muh ( STAIN Salatiga dan Universitas Sultan Agung Semarang )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

Judul Buku:NII sampai JI Salafy Jihadisme di Indonesia Penuis : Solahudin Pengantar:Greg Fealy Penerbit : Cetakan Tebal : : Komunitas Bambu Mei 2011 xviii+294 hlm.

Dinamika pengelolaan wakaf uang: studi sosio-legal perilaku pengelolaan wakaf uang pasca pemberlakuan UU No. 41 tahun 2004 tentang wakaf

Hilmi, Hasbulah ( STAI Darul Lugah Wadda’wah Bangil Pasuruan )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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The reality of the implementation of cash waqf after regulation Act No. 41 in 2004 on Waqf studied to address the problem: how cash waqf be understood accepted and implemented by the cash waqf institutions; and how cash waqf be managed by cash waqf institutions in Indonesia? The study is a socio-legal study with phenomenological qualitative research methods. This study focus on understanding the cash waqf regulation as “law in the book” and how the implementation and acceptance of cash waqf as a “law in the society”. Social and law change, and behavior and effectiveness of law theories are used as a research perspective The findings of this study are as follows. Firtsly, It is founded that understanding and acceptance levels of cash waqf regulations is various. The various is acceptance and using all of cash waqf regulation, using a part and totally avoidance and ignorant the regulation. Secondly, Cash waqf regulation delegitimize the cash waqf process has been developed by the community. It is impact to avoid or ignore the regulation by most of waqf board and foundations. Some foundations avoid the regulation and switch to the model of other charitable. The others ignore the regulation and keep up with the concept of cash waqf has been understood. The avoidance and ignorant foundations earn the trust (even likely to increase) of the people. The other side the development of cash waqf management as the regulation is less encouraging. It is show that waqf act especially on cash waqf regulation is less effective.

Implementasi mediasi dalam sistem peradilan agama

Sururie, Ramdani Wahyu ( UIN Sunan Gunung Djati Bandung )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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This study aimed at describing the background of the birth of the policy on mediation in the Religious of Court and to understand and identify the procedures, barriers and efforts to improve religious court settlement through mediation. The method used is descriptive research method analysis of mediation theory and implementation in the religious court. The study found a number of findings that can give significance to the development of science in the field of procedural law of religious courts, which ishlah theory that can be used as a grand theory to study dispute resolution and mediation triangle theory that can be used as an operational theory (applied theory) in seeing the success of mediation in the judiciary. As for the successful implementation of the policy of mediation can be done with a number of strategies.

Tinjauan akad murabahah li al-amr bi ashira

Hosen, Muhammad Nadratuzzaman ( Fakultas Syariah dan Hukum UIN-Syarif Hidayatullah, Jakarta )

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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This article aim to examine the term of mura>bah}a li al-a>mr bi ashira> (MLAB) is not widely known by practitioners and observers of Islamic economics. MLAB is a term of contemporary fikih that is different from classical mura>bah}a, the difference is not located at the level of the concept, but lies in the procedures performed. The most fundamental difference between mura>bah}a and MLAB is located on the parties to a contract; in MLAB parties directly involved are the sellers, banks and customers as a buyer, while the mura>bah}a parties involved only the seller and buyer. In addition, there is necessity in carrying out the promise of MLAB (wa’ad al-mulzim) the sale and purchase of a promise by the bank and the customer. The method of this article is to review the opinion of Islamic scholars in many books and articles, meanwhile the aim of this article is to explain the controversial behind of two contracts such as mura>bah}a, and mura>bah}a li al-a>mr bi ashira>>> in the implementation of Islamic Finance and Islamic Banks.

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