KRITIK TERHADAP HUKUM ISLAM (Ke Arah Rekonstruksi Epistemologis)

AbstractTalking about Islam, must be talking about Islamic law. Why? Because Islamic law is important and significance segment of Islam. Nobody can understand Islam perfectly without understanding about Islamc Law. According to Moslem, Islam (based on Quran and sunnah) is the one of reveled religion whose has a comprehensive and perfect reference. Every thing is covered and explained by them. It means no thing lost from attention of Islam. Its the major claim of Moslem for along time. Meanwhile, the reality showed that Islam is very late (not to say out of thing wrong by Islam (read Islamic law).In this case there are two assumption which cause Islam law is Questioned. First, Islamic law is always say as a universal law, perennial and a histories. The second one, Islamic law is created by God and steril from human intervention. Its consequence is Islamic law cannot accept progressing of public and private law. In writers mind there is a mistake in Islamic law epistemology. To make Islamic law up to date, begin from reconstruction of epistemology. To make Islamic law up to date, begin from reconstruction of epistemology. This is concern of this research.Kata Kunci: Hukum Islam, Rekonstruksi, Epistemolog

STUDI KRITIS LEGISLASI DALAM PERUNDANG-UNDANGAN PERBANKAN SYARIAH

AbstractThe presence of sharia banking in Indonesia is just beginning to develop, following the issuance of Law no. 21 of 2008 on sharia banking, although it has been discourse long before the issuance of the Act, which is more than half a century ago. The delay is due to two things. The first is due to political issues. The labeling of "sharia" in the name of banking institutions in the government's perspective, especially in the New Order regime, is seen as part of the concept of an Islamic state. Another obstacle is the issue of legal umbrella that does not yet exist, because the existing law at that time, namely Law no. 14 of 1967 concerning the Principle of Banking, requires the banking to run with the system of interest, while the interest system is seen as a system that is not Islamic. Herein lies the efforts of various Islamic circles to sharia banking legal umbrella can be realized. Periodically, various renewals are made in the concept of national banking. Religious institutions such as MUI, especially post-legitimacy and full authority to issue fatwa in the field of Islamic economics, succeeded in realizing the expectations of society until finally born a special law on sharia banking. But until now, the implementation of Islamic banking system still leaves a variety of problems and still need to be criticized.Kata Kunci: Legislasi, Perbankan Syariah

PEMBERDAYAAN YURISPRUDENSI SEBAGAI HUKUM ISLAM (Analisis Fungsional dalam Rangka Optimalisasi Kinerja Hakim Agama)

AbstractReligion judge is one of human service for justice seeker through religion judicature. These is one principle that religion judge as other judges cannot refuse lawsuit with unarranged reason by the law.In doing the principle above, jurisdiction has an important role. This is caused by the cases which have the similarities. The fact shows that the laws cannot cover all cases well because of article faktor which is interpretative or the case is new one from this fact, religion judge has to have broad knowledge about jurisdiction. Thats the cause that jurisdiction is admitted as one of the important law source in judicature world.Kata Kunci: Yurisprudensi, Hakim Agama, Pemberdayaan, Analisis Fungsional

ALTERNATIF DALAM PENYELESAIAN SENGKETA (LITIGASI DAN NON LITIGASI)

AbstractThere are two ways to settle a dispute: a) litigation, the process of settling a dispute through court system. The dispute settlement by litigation will follow legal procedures in a court, b) non-litigation, dispute settlement out of court system, for example, through negotiation, mediation, arbitration, conciliation, and settlement mediated by kepala desa (village leader) based on local customary law. Each way has its own particular advantages. A settlement through litigation is final, binding, and forcing the litigants to obey the implementation of a verdict. Therefore, an execution is provided as a forcing institution. Meanwhile, a non-litigation system settles disputes in a faster way, financially more efficient, and the verdict may variously be adapted to a broad agreement.Kata Kunci: Penyelesaian sengketa, litigasi, dan non litigas

NIKAH SIRRI MENENTANG PUBLISITAS PERKAWINAN

AbstractThis writing is to explain the importance of publication in marriage. The aim is ti anticipate the society misperception about relation of husband and wife and to strengthen not neglected or lost. In sirri marriage the aspect of publication is neglected on purpose. Based on the study done, in fact, it is found that there are a difference and similarities between sirri marriage in the concept of fig and the reality found in Indonesian society. The defense is clearly sen on the regulation of marriage recording, while the similarity lies on the aspect of keeping secret from other people and the negative impact which arises as the result of keeping secret the marriage.Kata Kunci: Nikah Sirri, Perkawina

PARADIGMA PERUBAHAN HUKUM ISLAM (Eksplorasi Pemikiran Ibnu Qayyim al-Jauziyah)

AbstractIbn Qayyim al-Jauziyah was commonly considered as a liberal Muslim thinker. In his thought about legal changes, he proposes five agents of changes, i.e. time, space, situation, intention, and custom. The legal changes, therefore, occur due to the changes of the five factors. Benefits can only by responding to the changes. Kata Kunci: Perubahan, Hukum, Ibnu Qayyim al-Jauziya

HAK KEWARISAN PADA KARYA CIPTA INTELEKTUAL

AbstractThe principal problem in this writing is how is inherit status of intellectual copyright in Islamic law and positive law. In Islamic and positive law perspective, intellectual copyright is considered as the creator property and categorized as the property which can be inheritance, even partly totally. The ownership right to the intellectual copyright with inheriting cause is considered as a way to get property legally.Kata Kunci: Kewarisan, Hak Cipta dan Intelektua

METODE ISTINB?T AL-TAR?QAH AL-ISTINB?T AL-J?MIAH BAINA TAR?QAH AL-LAFZIYYAH WA MANAWIYAH DALAM MAQ?SID AL-SYAR?AH MAZHAB SYATIBY

Abstract: The Shari'a of Islamic conveyed in the Qur'an and As-Sunnah in a comprehensive way requires a thorough and sustained scientific study and study. Inside both lafaz are bright and not bright meaning. Meanwhile, the texts of the Qur'an and Sunnah have ceased, while time continues with a number of events and problems that continue to come and go and stop. Therefore, serious efforts are needed to solve problems that are not expressly indicated by the texts. Alquran and Assunnah, is a source of Islamic law, either in the form of orders or prohibitions. In fact the Qur'an and Assunnah are arranged in Arabic. Then of course one way to understand the purpose of the Shari'a in it is the understanding of the language used is the Shari'a with all the ins and outs, in this case the Arabic language, knowledge of Arabic still must be equipped with the ability to understand the meaning of a lafazh nash, istinb?t al- tar?qah al-istinb?t al-j?miah baina tar?qah al-lafziyyah wa manawiyah in maq?sid al-syar?ah mazhab syatibyKata Kunci: Istinbat, Tar?qah AL-Lafziyyah wa Manawiya