Asy-Syari’ah : Jurnal Hukum Islam
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Published By Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

2548-5903, 2460-3856

2019 ◽  
Vol 4 (2) ◽  
pp. 151-173
Author(s):  
Farhan

Abstract: This research reveals about the religious culture of Muslim community alike the Qur'an in overcoming the anxiety of the soul because it is caused by the guide of social media. This continues to be done because it can be a problem solving in balancing the experience of ritual worship as well as social worship. This research, including the study of virtual ethnography and using the phenomenology approach and based on the foundation of communication science, especially the study of media related siber.Object field in question is an online field in social media Whatsapp, scout group sanggar more than 100 members, two administrators as a resource. The research question is how the implementation of al-Qur'an khataman among the alumni community of Sunan Ampel Boy Scouts in social media whatsapp June-July 2017 ?. The results showed that (1) Implementation khilmil Quran recitations conducted based on community resilience, sustainable and created atmosphere of religiosity. (2) Citizens of cyber can increase emotional, solidarity, among fellow Muslim communities realize the concept of amar ma'ruf. (3) The community entrusts administrators by dividing community members into two groups. Each group consists of 30 residents read in a week. (4) The constraints faced by community members are discussed and the solution is solved by musyarawah-mufakat in social media. (5) Administration of the recitation of the Quran documentary Quran orderly documentary cyber. Keywords: Religious Culture, Online Community, Social Media, Amar Ma'ruf


2019 ◽  
Vol 5 (2) ◽  
pp. 165-179
Author(s):  
Maula Nasrifah

Islam strongly encourages investment so that possessions can be productive and bring benefits in the future, of course, using a good and right way, which is in accordance with Islamic sharia, like mutual respect and does not harm others. The type of investment can be varied, we can invest through the capital market, one of which is sukuk. Sukuk are securities that are proof of ownership (claim) on assets, whether in the form of tangible, intangible or project contracts from certain activities that require the issuer to pay revenue-sharing to the Sukuk holders and pay back the Sukuk in maturity date. The principle in Sukuk transactions is in the form of emphasis on fair agreements, recommendations for profit sharing systems. In Sukuk transaction, a number of certain assets are needed which to used as the basis for conducting transactions using a contract based on sharia principles. The types of Sukuk in terms of Sukuk Ijarah, Sukuk Mudharabah, Sukuk Musyarakah, Sukuk Istishna’ with the method of issuing in bookbuilding, auction methods and private placement. In sukuk transactions there is a requirement for Underlying Assets as well as activities or processes which have been based in accordance with sharia. This shows that investing with sukuk is not worrying for investors who want to transact with sharia financial institutions. Keywords: Investing, Transaction, Sukuk


2019 ◽  
Vol 5 (2) ◽  
pp. 121-135
Author(s):  
Abu Yazid Adnan Quthny

Al-Faraidl is a law of inheritance law in Islam originating from nash and ijtihad. This research is intended to examine the texts — both qathiy and dhanniy — and ijtihad with the library research approach, especially the review of the commentaries, hadith and ijtihad products (the efforts of friends and scholars in understanding / capturing the dhanniyas are from nash). The results of the review formulated that 25 heirs - whether from a marriage background, kinship or wala especially heirs who had selectively graduated from the hajb system - were divided into two categories, namely ash-al-furudl and ashabah. Al-furudl almuqaddarah — as patents of inheritance of ash-hab al-furudl — as many as six fardl, namely; 1/2, 1/3 (including 1/3 remaining), 2/3,¼, 1/6 and 1/8. Experts of inheritance of ashabah - who have the right to inherit the remainder of the fardl ash-hab al-furudl - are grouped into three parts, namely; bi an-nafs, bi al-ghair and maa al-ghair. Keyword: al-faraidl, nash, ijtihad.


2019 ◽  
Vol 5 (2) ◽  
pp. 151-163
Author(s):  
Fathullah

Khitbah or application or proposal is a preliminary or pre-marriage period between a man and a woman, as a first step before the two carry out the marriage contract, so that each knows the candidate. The sermon itself must still be answered “yes” or “no”. If it has been answered “yes”, then be the woman as “makhtubah” or the woman who is officially applied. In connection with this engagement in society there is a habit at the time of its implementation, the prospective bridegroom gives a gift such as jewelry, money, food and produce as a sign that someone really intends to continue the marriage stage. the consequences of giving the prize are different from giving in the form of dowry Giving a grant that is not halal withdraws the grant, if he gives a grant voluntarily (charity), not for compensation. While the grantor who still has the right to withdraw the grant, if the grant is given in return for something that will be received, but he does not get it. Keyword: Islamic Law, Khitbah, Islamic Law


2019 ◽  
Vol 5 (2) ◽  
pp. 181-201
Author(s):  
Umar Faruq Thohir

It is inevitable that a legal enactment, or reform of Islamic family law in various Muslim countries or countries with a majority Muslim population in the world. This is because the existing law (valid) is still not revealed or has been revealed but is considered not in accordance with the era anymore, due to the different “context” between the past and the present. As Anderson said, Islamic law in Islamic countries was not static at all. The form of renewal that is carried out differs from country to country. First, there are some countries that carry out reforms in the form of laws. Second, there are some countries that carry out reforms based on the decree of the president or king. Third, there are some countries that carry out reforms in the form of judicial provisions. The country of Turkey is the first country to carry out renewal in family law. Updates are carried out in the form of laws. For Turkish Muslims, Hanafi is a school that underlies the religious life formally until 1926, before the existence of legislation legislation that was eclectically codified. The Islamic Civil Law or what is called ¬Majallat al-Ahkâm al-liAdliyah, which most of the material is based on Hanaf madîî actually has been prepared in Turkey since 1876, although it is not comprehensive, because it does not include family law and inheritance law. Keywords: reform of Islamic, Waris, and Turkish Muslims


2019 ◽  
Vol 5 (2) ◽  
pp. 137-150
Author(s):  
Moh. Ahyar Maarif

Pembahasan utama pada makalah ini adalah keberadaan Baitul Mal sebagai pelopor utama dalam bidang keuangan yang sesuai dengan shariat Islam. Baitul Mal tidak hanya sebagai lembaga yang mengatur pemasukan uang negara, namun juga memiliki tugas yang begitu penting dalam pendistribusian uang hasil negara yang tersimpan di Baitul Mal, agar harta-harta tersebut dapat diterima oleh orang-orang yang berhak menerimanya. Dengan makalah ini, penulis menjelaskan secara singkat mengenai sumber pendapatan dan manajemen Baitul Mal yang dimulai sejak zaman Rasulullah SAW hingga pada masa pemerintahan Khulafau al-Rashidin. Keberadaan Baitul Mal ini bertujuan untuk mencapai salah satu tujuan dari negara, untuk menegakkan sistem kenegaraan yang berkenaan dengan pelaksanaan kewajiban muslim, seperti salat, zakat dan sebagainya. Kata Kunci: Baitul Mal, Khulafau al-Rashidin, tujuan pendirian


2019 ◽  
Vol 5 (2) ◽  
pp. 101-119
Author(s):  
Abd. Aziz

As a part of environment, people should keep the perpetuation, the balance, and the beauty of nature. A smart use of limited natural resources must be a slogan in daily life.This environment is not provided only for human, but also for other creatures. Factually, many people damage universe by illegal logging, free mining, uncontrolled drilling, of course, without any analysis of its damage impact to the environment. After discussing these problems through an approachment of environment ethics; Anthroposentrism, Biocentrism, Ecocentrism, Eco-feminism, this articel found that the cause of the damage of this universe is a transcendental paradigm factor assumed that conservation was not emphasized by Islam. Through these conservational paradigm; ecology, environment fiqh, and eco-sufism, in term of universe utilization, people should balanced three amanah aspects; al-intifâ’, al-i’tibâr, dan al-ishlâh.These three environment ethics not just investigated the way of people behavior to universe, but also the relation among creatures in this universe, between people and people, people and all other creatures. Keywords: conservation, ecology, environment fiqh, eco-sufism


2019 ◽  
Vol 5 (1) ◽  
pp. 1-19
Author(s):  
Abu Yazid Adnan Quthny
Keyword(s):  

In the approach of Islamic law, Maslahah mursalah is a proposition to establish a new problem that has not been explicitly mentioned in the main sources, the Qur’an and As-Sunnah, both accepted and rejected. Maslahah mursalah as an option for this legal proposition begins with the Passed away of the Prophet Muhammad SAW. Along with this happened, the revelation of the Qur’an has stopped coming down, and the words of the Prophet have stopped too. Meanwhile, problems continue to develop from time to time along with the development of the community itself. This is where the idea of Maslahah mursalah emerges as an option for the proposition of Islamic law. Please note, in the application, Maslahah mursalah is based on benefit. Looking at the main basis of this argument, understanding and knowing about the theory of benefit becomes a necessity in the use of maslahah as a proposition of Islamic law. Maslahah is a concept that departs from the main purpose of Islamic law, known as maqashid as-sharia. According to Imam As-Syatibi, the main orientation of maqashid as-sharia is to provide protection and protection against five things, namely religion, self, lineage, reason, and wealth. These five aspects are very fundamental things in life, so that damage to one aspect alone will cause extraordinary negative implications. Thus, maslahah is the main consideration in evaluating the value of benefits and harm from a problem that has just emerged in people’s lives. An order to assess benefits and madharat, then weigh which one is greater, the benefits or the madharat (damage). Keywords: Maslahah mursalah, law alternative, Islamic law


2019 ◽  
Vol 5 (1) ◽  
pp. 21-34
Author(s):  
Fathullah

Historically the system of government of Shī‘ah refers to the imāmāh system, which is a political doctrine which states that the Islamic government after the death of the Prophet Muhammad was the absolute right of the ahl al-bait (family of the Prophet), namely Ali bin Abi Talib and eleven descendants. This is considered by many observers as not providing an opportunity for other parties to obtain the same rights, namely the right to be elected as the leader of the state. In Shī’ism, the term concept of the region of al-Faqīh (power of the faqīh), or an Islamic jurist, is known. With this new system, Shī‘ah Islam has begun a new chapter in a fairly democratic system of government. A system of government that practices the law of God, which is supervised by the experts of religious jurisprudence (faqīh), as in the practice of the al-Faqīh Region system, will outperform all systems of government that are unfair in this world. Because with a system of government like this, Muslims will avoid mistakes in carrying out the wheels of government. Keywords: shi’ah, imamiyah, wilayah al-Faqih


2019 ◽  
Vol 5 (1) ◽  
pp. 59-73
Author(s):  
Taufiqur Rahman

Tasawuf merupakan salah satu aspek esoteris Islam, sebagai perwujudan dari ihksan yang berarti kesadaran adanya komunikasi dan dialog langsung seorang hamba dengan Tuhannya. Esensi tasawuf sebenarnya telah ada sejak masa kehidupan Rasulullah Saw, namun tasawuf sebagai ilmu keislaman adalah hasil kebudayaan Islam yang lahir belakangan, sebagaimana ilmu-ilmu keislaman lainnya seperti fiqih dan ilmu tauhid. Adapun tasawuf ‘amali sendiri, dipahami sebagai ajaran tasawuf yang lebih menekankan kepada perilaku yang baik, dalam kaitannya dengan amalan ibadah kepada Allah. Di dalamnya ditekankan tentang bagaimana melakukan hubungan dengan Allah melalui dhikir atau wirid yang terstruktur dengan harapan memperoleh ridla Allah Swt. Tasawuf ‘amali merupakan tasawuf yang mengedepankan mujahadah, dengan menghapus sifatsifat yang tercela, melintasi semua hambatan itu, dan menghadap total dengan segenap esensi diri hanya kepada Allah Swt. Sejarah dan perkembangan tasawuf ‘amali> mengalami beberapa fase, yaitu yang dimulai sejak abad kesatu dan kedua Hijriyah, di mana tasawuf masih bersifat praktis (belum ada konsep-konsep tasawuf secara terpadu); abad ketiga Hijriyah; abad keempat Hijriyah; abad kelima Hijriyah; abad keenam Hijriyah, di mana para sufi mengembangkan tasawuf dalam bentuk institusi tarekat, yang kemudian berkembang pesat sampai sekarang. Kata Kunci: Tasawuf, akhlak, amali


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