Peradilan Islam; Historisitas Konsep Alat Bukti dan Relevansinya dalam Penegakan Keadilan di Era Modern

The justice has been known since time immemorial because it is driven by the necessities of life and human events itself. It is impossible for a government in this world, whatever its form, will stand without upholding justice because there is no way a society can avoid conflict. Islamic law cannot be separated from the reality of people's life. Therefore, in society, a regulatory system is needed which is no other than the provisions contained in Islamic law, then its need a judicial institution which in Islam is called al-Qad}a>, which is an institution that is tasked with regulating problems that arise in. With changes in culture from time to time or life situations have changed and the rules continue to evolve. So it is very important to study the history of Islamic justice during the time of the Prophet and thereafter as well as the concept of evidence to seek the essence of truth, so that human rights are not neglected. Therefore, the extent to which the evidence for the Islamic judiciary period is compatible with the judiciary in the modern era (positive law); relevance, similarities and differences. This concept is none other than confession (iqra> r), bayyinah, and rejection of oaths (nuku>l qasa> mah). Keyword: Justice of Islam, the concept of evidence, The Justice

Tinjauan Hukum Warisan Perspektif Islam; Konsep Waris Dalam Al Quran, Al Sunnah Dan Kaidah Fikih

Inheritance is the process of transferring assets owned by someone who has died to the recipient (wara>thah) in which the number and size of the portion (nas}i>b) received has been determined in a will mechanism, or if there is no will, then the recipient party determines the number and size of its parts (haz{z{) are determined in the inheritance mechanism. The main priority in this matter lies in the will, that is, sometimes the heir has determined the will before he dies with all his wealth to his close relatives after he dies, this is based on the text of Allah that requires or the enactment of inheritance laws occurs after the will is carried out and the debt is paid. Sometimes he does not write any will, so Allah takes over this distribution by including it in the inheritance law mechanism and determines all parties receiving the inheritance as well as the share of the assets each of them receives. From this it is very necessary to review the law of inheritance to be studied and analyzed so that it will be more understandable and wise to take attitudes and decisions based on Islamic teachings, namely the concept of inheritance law based on the texts of the Qura’an, al Sunnah, al Ijm>a', ijtihad al-s}ah}a>bah and fiqh rules. And the importance of studying the science of fara>id} is very important in the teachings of Islam as in the hadith narrated by Ibn Majah confirms "learn the science of faraidh and teach it, because it is half knowledge. the science of fara>id} will be forgotten. the science of fara>id}  is the first thing that will be taken away from my ummah.” the science of fara>id} is half of science, because this knowledge is related to human life and is related to the concept of maqa>s}id al-shari>ah, one of which is guarding wealth (h}ifz}u al-ma>l). Keywords: inheritance law, inheritance concept, Islamic perspectiv

POSISI PERGURUAN TINGGI AGAMA ISLAM DALAM PENGEMBANGAN PEMIKIRAN HUKUM ISLAM

Development of Islamic Legal Thought “Islamic Law (Shari'ah)” is one important field of study, perhaps the most important fact in the scientific tradition of Islam, this is not because the tradition of jurisprudence among Indonesian Muslims, but because Islamic Law (Shari'ah) is the main reference for Muslims in behave. The College of Islam in Indonesia to position and portray himself in the changes and challenges of the present and the future. Changes that occur globally Essential globalization of the economy and the conflict of civilizations, the rapid development of science “knowledge” and technology and the challenges facing humanity in connection with the crisis of spiritual values in the atmosphere of the people who have been eroding Islamic values and morals.The existence of the Islamic university today is how the Islamic university in Indonesia to position and portray himself in the changes and challenges of the present and the future

Al-Quran dan Keautentikannya; Kajian tentang Rasm Al-Qur’an dalam Mushaf Uthmani

Al-Quran is one of the names of a book that was revealed to the Prophet Muhammad, through the angel Gabriel written in the Manuscripts, and narrated mutmutually. It is said that one of the names means there are other names that must be investigated, and it is also necessary to find the root word of the Qur’an in order to have knowledge about the Qur’an as a holy book. Because the Koran is the Kalamullah revealed to the Prophet Muhammad through the Angel Gabriel, it is also necessary to examine how the Qur’an can finally be written and standardized as the Koran can be witnessed today. Rasm Uthmani is a form of writing or procedures for writing the Koran which is blessed or which has been established at the time of the caliph ‘Uthmān bin‘ Affān r.a. and the term rasm 'Uthmani was born at the same time as the birth of the Ottoman Manuscripts, the rasm has been a custom inherited by Muslims since the era of' Uthmān ra, and the maintenance of rasm 'Uthmani is a strong guarantee for safeguarding the Qur'an from changing and changing its letters, and if allowed to write according to the term imla'i every time it will cause changes in the writing of the Koran from time to time, even the rules of the Imla 'itself vary intendencies at the same time, and also vary in a few words between one country and another. On the other hand there are some opinions questioning the authenticity of the al-Quran manuscript, so that the term scripto plene (perfect manuscript) or official corpus such as al-Quran is formed today, was formed in the 3 H / 9 M, and other opinion is the Qur’an in the form of scriptio defectiva ( rudimentary manuscript). Keyword: rasm al-Quran, mushaf ‘uthmani

FILSAFAT HUKUM ISLAM DAN ILMU-ILMU SHARI>’AH METODOLOGIS

Approachment of philoshophy or ideology in Islamic Law or philoshophy law use by careful with classical and contemporary religious sholars (‘ulama> ). The word of pholoshophy (falsafah) is not found in sources of Islamic law. Although not found in sources of Islamic law, however  the meaning of pholoshophy (falsafah) in Ulama’s perspective is similar meaning with h}ikmah. Therefore. For understanding and seek the knowledge of Islamic law, someone must need the methodologies to understand it. Al-Qawa>’id al-Fiqhiyyah (legal principles) as deductive reason in legal reasoning through us}u>l al-fiqh approach. This paper seeks to answer a problem of how deductive reson using Al-Qawa>’id al-Fiqhiyyah is regarded as the sourch of Islamic law in the perspective of classical and contemporary religious sholars (‘ulama> ). Basing mainly on the legal approach , this paper argues that not all ulama>  are familiar with, and therefor, employ Al-Qawa>’id al-Fiqhiyyah in the making of Islmaic legal opinion. Permitting the use of legel principle as reference on the condition should be drived from thr primary source of Islamic law (al-Qur’a>n dan Sunnah), not from the legal thought of jurists

DINAMIKA HUKUM ISLAM MASA MODERN DAN PROBLEMATIKANYA: SYARI’AH DAN DASAR-DASAR HAK ASASI MANUSIA (HAM)

The concept of human rights contained in the Universal Declaration is the product of an era that is inseparable from the influence of the historical, ideological, post-second world war intellectual background. Therefore, the concept of human rights, more or less, is the result of cultural fusion after the Western secular Enlightenment that is not grounded in religious principles. Regarding the concept of human rights as expressed in the Universal Declaration, some have accepted without reservation on the ground that the concept of human rights they have is in accordance with religious teachings. Conversely, some have considered that the basic principles of the Declaration is from the Western secular cultures that tend to put aside religious values. The third is the position of the moderates who take a cautious stance for accepting it with some changes and modifications

Riddah Perspektif Islam Dalam Kajian Tafsir Ayat Al-Ahkam (Analisis Kata Riddah Dalam Nash Al-Quran)

Abstract, Some literary studies state that deeds of riddah are not merely changing religions from one religion to another, but are a major criminal act against Muslims. According to Islam, deeds of riddah not only change their mind from one religion to another but change the loyalty from one sovereignty to another. In other words, from a Muslim community or country to a non-Muslim country. Broadly speaking, acts of riddah or apostasy become two categories. The first category of apostates who invite others to apostasy and the second category of apostates who are silent. Acts of riddah or apostasy including immoral acts and threatened by God with sin and punishment in the hereafter. God forbid acts of riddah because these actions violate one of the joints of human life (d}aru>riyya>t five), namely religion, which means keeping religion highly prioritized namely h}ifd al-di>n. The firmness of Allah's prohibition on riddah or apostasy is explained in the QS. Al-Baqarah verse 217.Keywords: riddah, Islamic perspective, interpretation of aya> t al-ah}ka>m, Texts of the Qur'an

KONTROVERSI TENTANG OTENTISITAS HADITS DAN UPAYA ULAMA UNTUK MEMBELA OTENTISITASNYA

The Muslim scholars (ulama) have agreed on the highest position of the Qur'an for all Muslims. While, the position of the Prophet is in the second after the Qur'an. His position does not come from a community reception of the Prophet's presence as individual who has the power, but his position is clearly expressed through the God revelation. Allah has described the position of Prophet Muhammad in the structure as (a) the explainer of the Qur'an (b) the legislator, (c) the model for Muslim Society (d) the figure that must be followed by by society. Al-Hadith encompasses the human interaction that includes faith, moral, social and legal. The scholars of Hadith in the classical and contemporary era said that a hadith can be called sahih (authentic) if it is in line with four conditions: (1) It was narrated with sanad (chains of narration) which is muttashil (continuous) from the last narrator recording the hadith up to the Prophet as the source of hadith (2) the narrators were composed of people who have such properties as adl and dhabit. (3) the hadith does not contain the so-called syaz, (4) the hadith does not contain the so-called illat. If the four conditions were met, then it could be called authentic hadits

Dilema Hukum Pidana Islam Di Era Modern; Had Al-Sariqah Perspektif Ulama Salaf Dan Ulama Kontemporer

Abstract, In the Islamic Criminal Law system in mass media or books by infidelorientalists and their followers - namely the liberals - they are always cruel andinhumane. The cynical view of the Islamic criminal system was born not because of avanity Islamic criminal system, but there were two main reasons. First, conceptually,the criminal system of Islam is considered contrary to the mindset of the secular orliberal. For example, the death penalty for apostates is considered cruel and wrongnot because of the wrong Islam, but because it is contrary to the principle of religiousfreedom that is held fanatically by the secularists. Second, practically, the criminalsystem that is being applied is indeed not a criminal system of Islam. The law ofcutting hands for thieves is seen as wrong and sadistic not because of the wrongIslam, but because it is contrary to the criminal system of colonial occupation, namelyArticle 362 of the Criminal Code (KUHP). The level of h}ad al-shariqah in Islamiccriminal law (tashri’ al-jina’i) is ¼ dinar or 3 dirhams and 10 dirhams. Regarding theact of cutting hands, Abd al-Qadir 'Awdah confirmed in his book Islamic CriminalLaw or al-Tashri' al-Jina'i al-Islami: Muqaranan bi al-Qanun al- Wad'i that in had alshariqah not all thieves must cut off their hands. There are certain levels andindividual guidelines that govern them. Keyword: Islamic Criminal Law, Had al-Sariqa

Analisis Pemikiran Muhammad Iqbal tentang Teologi dan Filsafat Ketuhanan

Riset ini berusaha mengkaji filsafat ketuhanan (philosophy of God) dari pemikiran Muhammad Iqbal. Muhammad Iqbal berusaha memahami Tuhan dengan menggunakan ego, karena ego dianggap sebagai representasi dari Tuhan di alam nyata ini. Di dalam ego, pengalaman religius (religious experience) lebih dipentingkan sebagai upaya mendekatkan diri terhadap Tuhan. Metode penelitian ini menggunakan pendekatan deskriptif analitis. Dengan cara mengungkapkan pemikiran Muhammad Iqbal dengan menelaah secara kritis filosofis terhadap konsepsi filsafat ketuhanannya. Ternyata hasil dari penelitian menemukan bahwa pemahaman Tuhan yang diusung oleh Muhammad Iqbal lebih menekankan pada pendekatan esoteris, bukan eksoteris. Konsepsi Filsafat ketuhanan menurut Muhammad Iqbal sebenarnya adalah bagaimana memfungsikan potensi diri manusia, dengan jalan selalu mengimplementasikan ajaran Islam dan konsep ketauhidan. Dengan demikian, Umat Islam dapat mengamalkan ketauhidan dalam menjalankan ibadahnya. &nbsp