al-Daulah: Jurnal Hukum dan Perundangan Islam <p>al-Daulah: Jurnal Hukum dan Perundangan Islam diterbitkan oleh Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya pada bulan April 2011. Jurnal ini terbit setiap bulan April dan Oktober, dengan memuat kajian-kajian tentang tema hukum dan Perundangan Islam. Jurnal ini terakreditasi pada 1 Desember 2015 sesuai Keputusan Direktur Jenderal Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor: 2/E/KPT/2015.</p> <p>p-ISSN: <em><strong>2089-0109</strong></em> dan e-ISSN: <em><strong>2503-0922</strong></em></p> en-US (ikhsan fatah yasin) (Achmad Safiudin R.) Thu, 02 Aug 2018 00:00:00 +0000 OJS 60 Peraturan Daerah Bermuatan Syariat Islam Ditinjau Dari Prinsip Demokrasi Konstitusional <p><strong>Abstract: </strong>In managing a local government or municipality, regulation is a must. Forms of regulatory framework in this context is bylaw. In today’s democratic Indonesia, local government has authority to form and implement bylaw according to local needs and values. Including bylaw on sharia. Among the purpose of bylaw is maintaining order. From the perspective of constitutional democracy, sharia bylaws is the right of each local government and community as long as not contradictory to the Constitution. Liberty to enact certain bylaw shows a working democracy. Therefore, sharia bylaw is an indication of ideal democracy, not threat to democracy.</p> <p><strong>Key Words:</strong> bylaws, sharia, constitutional democracy</p> Fuqoha Fuqoha Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 05:53:01 +0000 Persepsi Akademisi Muslim Di Kota Metro Terhadap Ajaran Mendirikan Negara Islam <p><strong>Abstract:</strong> this article studies the perception of muslim academia in the City of Metro on the idea of establishing Islamic state in Indonesia. This study involves academia fro four universities in Metro two of which are affiliated to Islamic organization of Nahdlatul Ulama and Muhammadiyah, whereas the rest two are not affiliated to any Islamic organization. Academia in this study hold important positions in campus as well as in community, interviews are conducted for the study. The study shows that the majority of academia believe that establishing Islamic state in Indonesia is not a religious obligation because islam does not clearly oblige it they believe that the current establishment of Indonesian nation-state as final and ideal for Indonesian context. However, they are sharply divided concerning implementing sharia. While some refuse it on the ground of religious plurality in Indonesia, others firmly support sharia as part of local aspiration.</p> <p><strong>Key words:</strong> muslim academia, Islamic state, Indonesia</p> Dri Santoso, Muhamad Nasrudin Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 05:57:31 +0000 Konsepsi Ketatanegaraan Kahar Muzakkar <p><strong>Abstract</strong>: this article explains the political thought of Kahar Muzakkar. Kahar Muzakkar proclaimed his Islamic state with the name of Republik Persatuan Islam Indonesia (RPII) on 14 of May 1962 which is a realization of his Islamic political thought. Kahar Muzakkar wanted a federal state and positioned sharia as the state foundation. In addition to sharia, Kahar Muzakkar viewed that social justice and democracy were potential concepts that workable for his Islamic federal state. Concerning executive system, he opted for presidential system in which his Islamic federal state was to be led by a president directly elected by people with members of cabinet. Legislative body was also to be formed which would consist of Nation Assembly and the senate. Similar arrangement would be applied for states. Kahar Muzakkar believed that this model would save human civilization. He called this as Demokrasi Sejati in which the ultimate authority is God. God’s law is applicable for all aspects of life as has been revealed in the Quran and Hadith</p> <p><strong>Key words</strong>: kahar Muzakkar, Islamic Political Thought, Demokrasi Sejati</p> Abu Bakar Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:02:42 +0000 Kedudukan Hukum Al-Sunnah dalam Al-Qur’an <p><strong>Abstract</strong>: the legal position of al-sunnah (prophet tradition) is as the source of Islamic law. However, each has distinction in term of transmission. While all verses of the Quran were transmitted successively (<em>tawatur</em>), not many prophet traditions are successive. Instead, they are reported in solitary manner. Thus, further meticulous examination of its authenticity is a must. The examination involves the number of transmitters as well as their personality. Therefore, the legal position of al-sunnah vis-à -vis the Quran comes in three functions: Firstly, the position of al-Sunnah as source of Islamic law secondary to the Quran and functions to elaborate the general meaning of the Quran. Secondly, al-Sunnah interprets verses of the Quran’ Thirdly, al-Sunnah perform as further interpretation for the Quran in term of <em>bayân al-mujmal, bayân taqyîd al-muthlaq, bayân al-takhshish al-‘âm, dan bayân tawdhîh al-musykil</em>.</p> <p><strong>Key words</strong>: al-sunnah, the Quran, source of Islamic law</p> Abu Azam Al Hadi Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:05:27 +0000 Interpretasi Ayat Iddah Bagi Wanita Menopause, Amenorea, Dan Hamil Dengan Pendekatan Medis <p><strong>Abstract</strong>: This article discusses the verse of the Quran concerning iddah (waiting period after divorce or death of husband). The concerned verse is QS. 65:4. It stipulates iddah for menopause women, amenorrhea women, and pregnant women. Muslim jurists agree that waiting period for menopause and amenorrhea women is three lunar months, whereas pregnant women must wait until labor. Medical examination shows several advantages for waiting period. Firstly, the word <em>“in irtabtum” </em>(when you have doubt) in the verse for menopause women, that women before menopause tend to get their menstrual period irregularly which in medical perspective a menopause women are those who have not get their menstrual period in a full year. Secondly, the attribute to women who not yet get menstruation and not yet pregnant, because there are two types of amenorrhea; primary and secondary. Primary amenorrhea for those who never get menstruation whereas secondary amenorrhea is caused by pregnancy or other causes. Thirdly, the attribute in the verse of iddah for pregnant women with “<em>an yadha’na hamlahunna</em>” not with <em>“an yalidna”</em> means that pregnancy take place when ovum was fertilized by sperm. Thus, when there is no pregnancy, either because of miscarriage or labor, the iddah concludes.</p> <p><strong>Key words</strong>: iddah, Quranic interpretation, medical knowledge</p> Nur Lailatul Musyafa’ah Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:08:00 +0000 Resolusi Jihad di Indonesia Perspektif Ketatanegaraan dalam Al- Qur’an <p><strong>Abstract:</strong> This article discusses Resolusi Jihad issued by KH Hasyim Asy’ari in 1945 from the perspective of tafsir (Quran interpretation). Among the verses that order to establish Islamic state and defend it are QS. 24: 55; 8: 60; 2: 190-191); 22: 39-40. These verses become justifications to oust colonial power from Indonesia which resulted in proclamation of independence on 17<sup>th</sup> of August 1945. The returning Dutch were resisted. KH. Hasyim Asy’ari issued a fatwa on 17<sup>th</sup> of September 1095 that defending newly proclaimed independent Indonesia is a religious duty and considered as jihad (holy war) after the question was posed by Soekarno, the president.&nbsp;&nbsp; This fatwa then was reinforced as Resolusi Jihad on 22<sup>nd</sup> of October 1945. The Quran does not explain clearly about the necessity to establish an Islamic state. Instead, it only stipulates principles of governance so that the maxim of <em>mâ lâ yatim al-wâjib illâ bih fa huwa wâjib</em> or<em> al-amr bi al-syay’ amr bi wasâilihi </em>is employed. (2) the Quran order muslims to oust and resist colonial power because this colonial power had done injustice, exploitation, and crimes against indigenous muslim population. 3). Resolusi Jihad is an inevitability for a free nation to defend freedom. It has become religiously obligatory to defend nation as it is stipulated in the Quran, especially&nbsp;&nbsp; QS. 2: 190-191 and 8: 60.</p> <p><strong>Key words</strong>: Jihad, Resolusi Jihad, tafsir al-Qur’an</p> Makinudin Makinudin Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:10:33 +0000 Tahqîq al-Manâth dalam Pembaruan Hukum Kewarisan Islam di Indonesia <p><strong>Abstract</strong>: <em>Tahqîq al-manâth</em> is a process and effort to find law in Islamic lega tradition. It consists of three phases: (1) <em>istinbât</em> <em>min al-nushûsh</em><em>, </em>extracting law from textual sources using literal interpretation, (2) <em>idrâk al-wâqi'</em><em>, </em>full comprehension of real legal cases by employing all necessary disciplines, and (3) <em>tanzîl al-ahkâm ‘alâ al-wâqi'</em><em>, </em>a step to apply law to cases using <em>maqâshid</em> as analytical instrument. Formulation of re-actualization of Islamic inheritance law in Indonesia is conducted by takhyir, which electively select appropriate legal opinion for implementation, talfiq, which is combining opinions of various schools of law, and takyif, which is adaptation and accommodation of external aspects that includes consideration to local custom in the formation of re-actualization of Islamic inheritance law in Indonesia.</p> <p><strong>Key words</strong>: <em>T</em><em>ahqîq al-manâth, </em>re-actualization, Islamic inheritance law</p> Darmawan Darmawan Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:12:49 +0000 Fenomenologi Islamisme dan Terorisme <p><strong>Abstract</strong>: There are three mainstream theories which elucidate the relationship between Islamic doctrine and political actions that lead to terrorism acts of its believers: Firstly: they who believe that justification of violence and terror acts is inherent products of religious doctrine. Secondly: those who view that terrorism is profane matters, unrelated to religious doctrine whatsoever. Thirdly, opinion that state that terrorism is syncretism as well as interrelative modification between politics and religion. Although the three theories differ in concluding the role of religion in terrorism, they share some analytical approach, which put religion as doctrine and politics as political drive in every terrorism act. To measure the more dominant motive of the two can be done using two perspectives of phenomenology. First perspective views islamist movement as a form of anti modernism which emerges as a cure for western-type of modernization. The west is the enemy. Second perspective concludes that the movement is phenomenon of manifestation as well as response to post-modern development. Islamism emerges as something different, echoing cultural autonomy, alternative political entity as well as moral ideological critique of secularism brought by modernism.&nbsp;&nbsp;&nbsp;&nbsp;</p> <p><strong>Key words</strong>: Islamism, terrorism, phenomenology</p> Ridwan Rosdiawan Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:15:27 +0000 Jual Beli Benda Wakaf Untuk Pembangunan Masjid Istiqlal di Desa Palengaan Daja Pamekasan <p><strong>Abstract</strong>: Muslim jurists agree that selling waqf property is forbidden A case happened when concrete pillars of a waqf mosque was sold in a mosque called Istiqlal in Daja village. The pillars were initially planned to be installed during rebuilding of the mosque. The research discovered that this pillar originated from charity. These pillars were re-sold to collect more fund from community to continue the rebuilding. Majority of sunni schools of law (Shafii, Maliki and Hanbali) view that such transaction is forbidden because there is no valid reason for selling the pillar. In addition, the seller is not the rightful person to do so. Meanwhile, Hanafi jurists allow such practice as long as all requirements are met, especially the availability of replacement property as well as fulfilment of all terms and conditions of selling.</p> <p><strong>Key words</strong>: Waqf, selling peoperty, mosque</p> Mohammad Suyudi, Erie Hariyanto Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:18:17 +0000 Batasan Rumah Susun Yang Dijadikan Agunan Pada Bank <p><strong>Abstract</strong>: This article discusses existence and the authority of certificate executorial of guarantee right to ownership right of apartment as loan collateral in credit agreement in bank. The law of Apartment has become object of collateral which can be burdened with the law of Guarantee Right and can only be subject of ownership right on apartment because it is an independent property. The legal consideration of execution for guarantee right on apartment is stipulated in article 20 of the law, in which object of guarantee right is sold through public auction and certificate holder of guarantee right is entitled to take all or part of the revenue to pay debts with the right before other creditors. The article suggests that when applying the principle of prudence, banks would not be able to channel loan or credit without collateral. Ownership right on apartment may be used as object of credit collateral and bound with guarantee right.</p> <p><strong>Key words</strong>: Apartment, collateral, credit</p> Rizal Bahrudin, J. Andy Hartanto Copyright (c) 2018 al-Daulah: Jurnal Hukum dan Perundangan Islam Thu, 02 Aug 2018 06:20:25 +0000