Values Of Islamic Law Research Articles

Analisis Busana Mahasiswa Muslim; Antara Trend dan Syariat

Muslim fashion among Medan State University (Unimed) students shows an interesting dynamic between the latest fashion trends and the values of Islamic law. This research aims to analyze Unimed students' Muslim clothing within the framework of trends and sharia on campus and outside campus. This reseaarch uses quantitative methodes. The analysis technique used is Descriptive Analysis. In this research, descriptive analysis was used to find out how to explain and explain the analysis of UNIMED Student Muslim Clothing, Trends and Sharia. The results of the analysis show that the Muslim clothing worn by Unimed students shows significant variations. Some students tend to follow Muslim fashion trends that are currently popular among teenagers, using bright colors and modern motifs.

A REVIEW OF ISLAMIC LAW ON THE PRACTICE OF MANAGING RICE FIELDS BY SPLITTING STEMS BASED ON A MUKHĀBARAH CONTRACT IN GAMPONG AIR SIALANG, SOUTH ACEH REGENCY.

Rice field management based on the mukhābarah contract can be found in various regions in Aceh, such as the community of Air Sialang, South Aceh District. However, in its management, there are still some things that are not in accordance with the concept of Islamic law. The problem based on my vision in this research is how the practice of managing rice fields carried out by the people of Air Sialang through a mukhābarah contract, how is the review of Islamic law on the practice of managing these rice fields. The method used in this research is a qualitative method with the type of field study (fieald research). The research data was analysed by descriptive analysis. The results showed that the practice of rice field management based on the mukhābarah contract in the Air Sialang community of South Aceh Regency was carried out by the owner of the rice field leasing the land to the manager to be cultivated. The form of the lease agreement is by way of ‘Belah Batang’. What is meant by ‘Belah Batang’ is that the cost and seeds of rice plants are borne by the manager of the rice field, the determination of notification of the type of rice seeds planted, the agreement on profit sharing at the beginning of the agreement, the steps to resolve problems when there is a violation of the contract.The practice of managing rice fields through the mukhābarah contract tends not to be in accordance with the principles and values of Islamic law. This applies not to the uncertainty of the mukhābarah contract, but rather to the practice of tadlis or fraud and injustice from the cultivator of the rice field with the owner of the rice field, namely the cultivator generally does not tell honestly the amount of rice harvest, so that the share of the owner of the rice field is not in accordance with the contract at the beginning of the agreement.

Local Wisdom-Based School Culture Model Design in Realizing Character Education

The local wisdom referred to in this study is the values ​​of Islamic law which are a form of education reform in Aceh. It is a perfect integration in realizing character education that is inherent in students. The purpose of this research is focused on efforts to produce a picture of the potential and implementation of local wisdom values ​​that will be integrated into the learning process. The results of this study are: 1) identification of school culture based on local wisdom values; 2) implementation of school culture based on local wisdom values; and 3) a school culture recommendation model based on local wisdom values ​​in realizing character education. This research is a qualitative research with a naturalistic phenomenological approach, with a case study research design. The subjects in this study were school principals, teachers, students and parents, while the object of research was school culture based on local wisdom values ​​at Sukma Bangsa Private High School Lhokseumawe. Data collection techniques using interviews, observation and documentation. Data analysis was carried out through individual case and cross case analysis. The data analysis technique used is data reduction, data presentation, and drawing conclusions. The importance of this research is because schools need a school culture model based on local wisdom values ​​in realizing character education. Character education is the embodiment of Indonesian students as lifelong students who have global competence and behave in accordance with Islamic sharia values. The findings of this study have produced a recommendation model for a school culture model based on local wisdom values ​​in realizing a character education profile. The integration of Aceh's national values ​​and local wisdom has been able to develop the character of students who always think and are open to pluralism and difference, and actively contribute to improving the quality of human life as part of the citizens of Indonesia and the world.

THE INFAQ THEORY OF ISLAMIC PENSION

This paper applies an Islamic economic perspective to a major conundrum besetting the Islamic world, namely, how to provide financial support to expanding ageing Muslim populations. The paper employs a qualitative method involving descriptive and analytical methods whereby primary and secondary data are analyzed to inductively form a formula for an Islamic pension scheme. The results of this study suggest that despite the benefits and worldwide application of pension schemes, proponents of Islamic finance remain ill-prepared and slow to devise prototypes of workable Islamic pension models designed to address the needs of ageing Muslim populations. The vast majority of existing pension schemes fail to comply with the principles and values of Islamic law and ethics. As a generality, Muslim populations would prefer to remain without pension provision rather than endorse a religiously unlawful policy. The paper proposes that infaq as a key institution of Islamic moral economy, provides an ideal foundation for the development of an Islamic pension model that satisfies both legal and ethical Islamic stipulations. Keywords: Islamic pension, Islamic welfare, Muslim elderly, Muslim employees’ pensions, infaq and Islamic moral economy.

Peluang Dan Tantangan Integrasi Nilai-Nilai Hukum Islam Dalam Sistem Hukum Nasional

The existence of Islamic law in Indonesia has a long history, starting from the time of the Islamic empire, where the law lives in a society with the Sultan (King) as the highest power holder who gave birth to the theory of creed or creeds among observers of Islamic law. Then the Dutch colonial period that came to Indonesia began to narrow the space and the development of Islamic law, but Muslims still fight for and maintain the Islamic law until Indonesia's independence. After that the old order where the position of Islamic law is still relatively weak and has no significant change even though at that time has been present Act no. 1 the Year 1974 concerning marriage, Law no. 7 of the 1989 Religious Courts and KHI. Then the new order whose presence was a fresh breeze that gave new spirit and hope for the development of Islamic law but the result was disappointing because the government of that time showed its power. After that emerged a period of reform that is so evolving and progress in society until now, it can be seen by the enactment of some legislation from the values of Islamic law in the national legal system. In such changes, the opportunities and challenges of Islamic law in the national legal system must always experience ups and downs so it needs to be investigated further. This study describes and analyzes the challenges and opportunities of integration of Islamic law in the national legal system. This research uses the Library research method, with the procedure of reduction, presentation, and data analysis. The results show that Islamic law has an opportunity to provide input for the formation of national law because one of them is the majority of Indonesia's population is Muslim. The challenges can be seen structurally, substantially, and culturally.

Study of Sociological Law on Conflict Resolution Through Adat in Aceh Community According to Islamic Law

This study discusses conflict resolution through adat in Acehnese society according to Islamic law. Conflict resolution like this is a solution in the midst of the piling up of cases in the judiciary in Indonesia. This study uses the sociology of law theory which sees that law is a tool to control communities who can resolve conflicts, namely adat and cultural values. The data collection techniques used are; interviews and literature review. The results of this study indicate that conflict resolution with adat mechanisms in the perspective of sociology of law sees law as a tool and means to control and develop society. Law is seen as a means of community development in a better direction. In fact, the judiciary formally advocates for peace by deliberation known as mediation, this is done in the midst of piling up cases that must be resolved by law enforcers. Therefore, adat-based conflict resolution has advantages, among others, maintaining brotherhood and eliminating grudges, fast, cheap, promoting a sense of justice and elasticity. This advantage is possible because of the involvement of adat institutions as social elites that have both social and juridical legitimacy. Conflict resolution through adat is in line with the values of Islamic law, especially in the concept of al-urf, namely adat that do not conflict with sharia. The strong relationship between adat and Islam in Aceh has resulted in this pattern of conflict resolution being viable and enduring to this day.

Aktualisasi Pemikiran Bustanul Arifin Tentang Politik Hukum Islam di Indonesia

<p class="05Abstrak">This paper explains the actualization of Bustanul Arifin thought on the politics of Islamic law in Indonesia which aims to find out first, how the epistemology of Bustanul Arifin thoughts on Indonesian Islamic law and scond, how the actualization of Indonesian Islamic law politics from Bustanul Arifin's perspective. This research is a library research or library research, which is carried out by collecting library data by using a critical social and political approach. The research concludes that first, the epistemology used by Bustanul Arifin is to position the Koran and al-Sunnah as the main sources in Islamic law and the development of legal values in the Koran and al-Sunnah using the Ijmak and Qiyas methods in Islamic law. Second, the actualization of Islamic law politics Bustanul Arifin's thought is to elaborate Islamic law with positive law through the transformation of Islamic law in state legislation and institutions, so that there is a union between Islamic law and State law within the framework of State institutions which he calls the institutionalization of Islamic law. Thus, the step that needs to be developed is to determine an institution that is in accordance with the principles and values of Islamic law in the Indonesian context.</p>

CELEBRATING SHARIA INDONESIA: ISLAMIC HARMONY AND PANCASILA IN THE VISION OF INDONESIAN NATIONALITY

This article discusses and offers at the same time the issue of formalizing Islamic law in Indonesia. It started with a debate about the ideals of the formalization of Islamic law, which never ended. The debate about this has led to at least two significant views, namely fundamentalism and secularism. The first group believes that Islam is a religion that prepares solutions to all problems. In the context of Indonesians, such rules override local state laws, such as the 1945 Constitution and the Pancasila ideology. Meanwhile, the second group tried to give up religion in answering modern problems. This article uses a qualitative method, and two knives of analysis, namely socio-historical and maqāṣid of the Koran. This paper proves that the ideology of the State of Indonesia, namely Pancasila, contains substantive sharia values. The values of Islamic law are contained in every principle and are following the vision of Indonesian nationhood as a nation that harmonizes between Islam and nationality. These values are relevant to the values that exist in the country of Medina as the first country formed by the Prophet Muhammad. With the values of Islamic law in the Pancasila, Indonesia is worth mentioning as a sharia country.

EKSISTENSI MAQÀSHID AL-SYARÌ’AH DALAM PEMBARUAN HUKUM PIDANA DI INDONESIA

This paper examines maqashid al-shariah in the Indonesian penal law reform. Building on the theory of existence and maqashid al-shariah, this normative legal study explores elements and values of Islamic law within the national law. This study shows that Islamic law has influenced the Bill of National Penal Code since it was used as one important source of the code. The principles of maqashid al-shariah color the chapters of the Bill, especially in Book I on the general prescription and on Book II on criminal acts. From the 49 chapters of the bill that are examined, it has been identified with the strong values of maqashid. The stronger principle of the maqashid that is adopted is the protection of faith, followed by the protection of life, offspring, and reason. The least principle of the maqashid in the bill is the protection of property because this part is closely related to civil matters

Urgensi Transformasi Hukum Islam dalam Pemajuan Hak Asasi Manusia di Indonesia

The study is conducted in order to analyze the transformation of the values of Islamic law in both the anvil formation of legislation in Indonesia. This study is a descriptive normative legal-analysis using qualitative analysis techniques to primary legal materials and legal sekunder materials. The results of this study indicate that the values of Islamic law has been actualized in the legislation in the field of social protection in Indonesia. Transformation of the values of the Islamic Sharia through two approaches, namelythat are the substance of the principles of the laws and regulations, and actualization through matter of legislation.

HERMENEUTIKA HUKUM ISLAM INKLUSIF DI INDONESIA

The goal of this Islamic law study is to offer ijtihad hermeneutics of Islamic law which is able to bring the discourse of Islamic law inclusively by digging the spirit and essence of the Islamic law of the passages of the Koran and Sunnah, as well as the aspects of its implementation. The paradigm of Islamic law study used is philosophical hermeneutics of Hans George Gadamer. The study says that the study of philosophical hermeneutics of Islamic law has an important role in transforming the values of Islamic law into national law system. With a philosophical hermeneutics, the study of Islamic law will be able to realize the norms of Islamic law that is inclusive and dynamic in responding to the dynamics of the life of the people and the nation. The birth of a number of laws and local regulations that nuanced with Islamic law is not a barrier in building a good national legal order, but rather a real contribution in the effectiveness of the imposition of Islamic law in the legislation were valid and constitutional

RELEVANSI HUKUMAN CAMBUK SEBAGAI SALAH SATU BENTUK PEMIDANAAN DALAM PEMBAHARUAN HUKUM PIDANA

The use of Islamic law as the material for criminal law reformation is one of the main charac-teristics of Pancasila law state which guarantees the freedom of religion. The existing applicable law should be consistent with the Indonesian society legal ideals, the values of Islamic law must be reflected in the national law as the materialization of legal ideals. Canings is one of the punishment types prescribed in the Qur’an and Sunnah. Article 2 of RKUHP contains material legality principle approves the existing law in the community/society or adat criminal law in order to respect the di-versities/ plurality law in Indonesia. Accordingly, the regulation of criminal act and criminal sanc-tion are mandated to the development of jurisprudence and regional regulation.Keywords: Canings, criminal law reform, Islamic law

Problematika Talfîq Mazhab dalam Penemuan Hukum Islam

It has been commonly argued that the Islamic law is ordained to address and preserve the interest of men. The rules and values of Islamic law are therefore in accordance with the nature of human being. And because the Islamic law is revealed for all season, as it were, it must accordingly be deeply flexible so that it may fit to all time and all space. This paper addresses this notion of flexibility that Islamic law enjoys by arguing that flexibility is a quality that Islamic law should have if it is to survive. But, it moves on, that flexibility is one thing and the ability of Muslim scholars in preserving this flexibility is something else. While by its very nature, Islamic law is flexible the methods and approaches that some Muslim scholars have developed did work on the nerve of this divine law. One of such method is talfî q, in which one would take the views of different scholars to produce a legal dictum. This method is the focus of this paper. It contends that in principle, the method is a result of the absence of the independent mind in the history of Islam. It nonetheless, does serve as a good method to produce a legal premises suitable for certain type of Muslim society. But it does not always work to preserve the flexibility of the Islamic law.

Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

RANCANGAN UNDANG‐UNDANG KESETARAAN DAN KEADILAN GENDER (RUU KKG) DALAM TINJAUAN MAQASHID ASY‐SYARI’AH

Maqashid Asy-Syari’ah is an extraordinary method to view and develop Islamic ideas and spirit in many circumstances. It is often used as an analytical knife to solve problems and the application of Islamic law. This Article will attempt to read and analyze the Draft Law on Gender Equality through this method. The existence of this yet unsanctioned law has raised controversy. But such controversies should instead be used as materials to revise and perfect the draft law instead of a reason to reject it outright. The result of the analysis of the draft law shows that it generally contains the values of Islamic law. However, it is undeniable that there are several mistakes and errors which must be discussed to be perfected. The decision whether to issue the law should depend on a costbenefit analysis.