Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam

MEMBACA ULANG TEKS AL-QURAN DALAM PERSPEKTIF FEMINISME SERTA PENGARUHNYA TERHADAP AKSES KEADILAN SOSIAL DI INDONESIA

2019-11-21T21:35:27+07:00

This article examines the influence of feminist discourse through the contextual approach of the holy book (Qur'an) and its influence on access to social justice. The main argument of this article states the contextualization of feminist discourse in Islam by re-reading the verses of the Qur’an which leds misogynistic in practice experiencing complexity and difficult paths. Using a feminine perspective, this article traces the interpretation of the Qur'anic text and the hadiths are detrimental to women. Therefore, "locality" is a consideration because women cannot be seen as one or monolithic. For this reason, a "locality" methodology meeting is needed in seeing the struggle of feminism in revising the authority of interpretation in an effort to make feminist studies a policy study, especially for and for the empowerment of marginal people in various parts of the world.

KEBERANJAKAN FATWA DARI LEGAL OPINION MENJADI LEGAL BINDING: (Studi Kasus Fatwa DSN MUI Tentang Perbankan Syariah)

2019-11-18T18:54:54+07:00

The basic concept of fatwa in its position of binding law is legal opinion in Indonesia. But in certain cases fatwa has a legal binding which is must be obeyed by people. This article demonstrate how fatwa has a legal binding in the context of Indonesia. The objects of research specifically is banking sharia act in which it is said Islamic economy activities must be appropriate with the fatwa of national sharia council. As concluding remark, this article show the development of fatwa from legal opinion to legal binding through the constitution as represent by sharia banking act.

TELAAH KRITIS METODE HISAB PENENTUAN AWAL RAMADHAN PENGIKUT HABIB SEUNAGAN NAGAN RAYA-ACEH.

2019-11-18T18:54:54+07:00

This journal explains about the Habib Seunagan followers’ calculation method of the beginning of Ramadan’s determination and normative review of the practice of determining the beginning of Ramadan which has been used to date. The result of the research can be explained that Habib Seunagan’s followers use hisab ‘urfi khumasi (not hisab hakiki taqribi) that has been modified from the original method by adding abstinence day before the beginning of Ramadan fasting on Wednesday and Friday to begin Ramadan fasting. Normatively, after considering the legal basis from Alquran, Hadist, and fatwa ulama about the beginning of Ramadan’s determination, then the Habib Seunagan followers’ practice of determining the beginning of Ramadan based on hisab ‘urfi khumasi is not in accordance with the provisions of the law, considering that when starting Ramadan fasting, the essence is still on the 28^th or the 29^th of Sya’ban based on hisab hakiki tarqibi and can be proven by the sight of the old crescent in the eastern horizon before sunrise on the first day of the Habib Seunagan followers’ Ramadan fasting.

MENILAI KESESUAIAN QANUN KOMISI KEBENARAN DAN REKONSILIASI ACEH DENGAN ASAS-ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

2019-11-18T18:54:54+07:00

This research aim to analyze of parity between the Qanun of Aceh Truth and Reconcialiation Commission and the Law Number 12 Year 2011 on the Law-making Process.The conclusion of this research is establishment of the Qanun of Aceh Truth and Reconciliation Commission seems has trouble with the Law-making Process Principles, specifically on clarity of formulation, hierarchical types and material substances. Furthermore, this situation was leading motive prompting people who are harmed to initiate judicial review

WANITA DAN KEADILAN: MENAKAR KEADILAN POLIGAMI DALAM NOVEL ATHIRAH

2019-11-18T18:54:54+07:00

this paper will be explained about how family justice the polygamy based on the gender perspective, which has interpreted through the Athirahh novel. Considering that in this novel tells about the conflict in the polygamous family life carried out by Haji Kalla. Therefore the contributions of this research are: Firstly, the gender justice concept: marriage commitment and relation. The impartiality for a polygamous family is quiet difficult because of the balance of a polygamous family it is not only about the living sharing but also the feeling sharing. There might be a polygamy justice if the couple has a commitment to remain for the couple and maintain the marriage even though there are those who getting hurt because of that polygamy. Secondly, as told in the Athirahh novel, the figure of the woman who was hurt because of the polygamy had been done by her husband, but she was able to manage her mental and keep her good behavior in front of her husband and her children, so that was why the marriage commitment was maintained. But there was an inequality in the relation and the task division because Haji Kalla spent his time with his new wife more than the old one. Athirah had to has burden more because of it. In addition to keep her family, she also had to work for them.