cover
Contact Name
Nafi' Mubarok
Contact Email
nafi.mubarok@gmail.com
Phone
+6231-8417198
Journal Mail Official
jurnal.al.qanun@gmail.com
Editorial Address
Fakultas Syari'ah dan Hukum UIN Sunan Ampel, Jl. Jend. A. Yani No. 117 Surabaya 60237
Location
Kota surabaya,
Jawa timur
INDONESIA
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam
ISSN : 20882688     EISSN : 27221075     DOI : -
Core Subject : Social,
Al-Qanun merupakan jurnal ilmiah dan media komunikasi antar peminat ilmu syariah dan hukum. Al-Qanun mengundang para peminat dan ahli hukum Islam maupun ilmu hukum untuk menulis hasil penelitian yang berkaitan dengan masalah syariah dan hukum. Tulisan yang dimuat tidak mencerminkan pendapat redaksi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 192 Documents
Penerapan Hukuman Mati Bagi Pelaku Tindak Pidana Korupsi Muwahid, Muwahid
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 18 No 2 (2015): Al-Qanun Vol. 18, No. 2, Desember 2015
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.494 KB) | DOI: 10.15642/alqanun.2015.18.2.248-274

Abstract

Research on the application of the death penalty for perpetrators of corruption is a research library , with the purpose to find out: first, setting the death penalty in law of corruption; secondly, the application of the death penalty for perpetrators of corruption in a human rights perspective. Primary data were obtained from the legislation, secondary data obtained from the criminal law books, law journals, and legal dictionaries. Data was collected to study the document. While the use of data analysis techniques "content analysis". The results showed; first, setting the death penalty in the Act eradication of corruption, there is only one article setting that article 2, paragraph (2) In the article explained that the death penalty can be applied to the perpetrators of corruption in " certain circumstances"; secondly, the application of the death penalty for corruptors if only textually examined, then the application of the death penalty is contrary to human rights as dicantukan in Article 28A paragraph (1), 28I (1), in conjunction with Article 4 of Law No. 39 of 1999, in conjunction with Article 3 of the Universal Declaration . However, if examined contextually by using extentif and teleological interpretation, the actual application of the death penalty does not conflict with Human Rights.
Pandangan Hakim PA Pasuruan tentang Hukuman Pelaku Nikah Sirri dalam RUU Hukum Materiil PA Bidang Perkawinan Sa’adah, Khilyatus
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 20 No 1 (2017): Al-Qanun Vol. 20, No. 1, Juni 2017
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.624 KB) | DOI: 10.15642/alqanun.2017.20.1.231-250

Abstract

This paper aims to determine the views of Judge PA Pasuruan about the punishment of Sirri marital offenders in the Marriage Law Draft Bill on Marriage, which will then be analyzed with the theory of mas} lah} ah mursalah. At the end of the paper, it was concluded that, first, the Judges of the Pasuruan Religious Court mostly agreed on the punishment for the perpetrators of marriages sirrî in article 143 of the Draft Law of the Religious Courts in the field of Marriage, because there were too many negative impacts caused by marriagesirrî, such as the recognition of civil rights. wife, is not considered a legitimate wife and is not entitled to gonogini assets in the event of separation. The basic consideration of the judge of the Pasuruan Religious Court agreed to the punishment for the perpetrators of marital sirrî, namely by using the concept of mas} lah} ah mursalah which is something that is good according to reason with consideration of realizing good or avoiding evil for humans, what according to reason is also in harmony and in line with the objectives syara 'in establishing the law. The punishment for the perpetrators of the marriage of sirrî is solely intended to seek the benefit of humans because of the more harm that arises from the marriage of Sirri. This is in accordance with the principles of jurisprudence: "Refusing the damage takes precedence over attracting benefit."
Tanggung Renteng Nasabah Matabaca pada Pembiayaan Qard{ul H{asan di KJKS Pilar Mandiri Surabaya Cholidah, Chusnul
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 19 No 2 (2016): Al-Qanun Vol. 19, No. 2, Desember 2016
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (712.241 KB) | DOI: 10.15642/alqanun.2016.19.2.337-375

Abstract

This 21st century constellation of the Indonesian economy is enlivened and colored by sharia economics. Starting from Islamic banks, Islamic rural banks, Islamic mutual funds, Sharia Multi-Level Marketing (Sharia MLM), and Islamic cooperatives. One of them is KJKS Pilar Mandiri Surabaya, which one of its activities is to help members regardless of the problem faced by members, especially the Abang Becak Ta'lim Assembly group (MATABACA), by providing loans without margins from KJKS Pilar Mandiri Surabaya with a contract scheme qard{ul h{asan. The implementation of joint responsibility of MATABACA customers in qard{ul h{asan financing at KJKS Pilar Mandiri Surabaya is done in groups, aimed at preventing bad loans. With the implementation of joint responsibility, if there are members who have not paid the installments will be immediately reminded by other joint responsibility members to pay. Because it can be penalized in the form of late fees. To increase the discipline of paying installments on joint responsibilities by reminding each other between group members before maturity, holding regular group meetings, and making group cash.
Tinjauan Hukum Pidana Islam terhadap Pelaksanaan Kepres No. 174/Tahun 1999 Tentang Remisi dalam Kasus Pembunuhan Hariri, Muhammad
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 19 No 2 (2016): Al-Qanun Vol. 19, No. 2, Desember 2016
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (766.516 KB) | DOI: 10.15642/alqanun.2016.19.2.263-298

Abstract

This paper aims to find out how the legal review of remissions in murder cases, as stipulated in Presidential Decree No. 174 of 1999. Furthermore, it was concluded by the authors that: first, the crime of murder that gets remission has their respective criteria, in the sense of granting remission depending on where the sentence is, the sentence is classified as temporary or classified as a death sentence if the crime is temporary, then will get remission on condition - Certain conditions, if criminal with capital punishment, then it cannot be unless there are other provisions. Second, the procedures for implementing the remission of murder perpetrators must fulfill several conditions determined by the Presidential Decree and the Minister of Law. And third, if viewed from the Islamic criminal law the implementation of granting remissions for the perpetrators of murder is very good, because with the remission it can make someone to change their behavior and also provide an opportunity for the murderer to avoid the act again, with the aim and encouragement to back to the midst of society.
Analisis Aspek Kriminologi Putusan PN Mojokerto No: 691/Pid.B/Pn. Mkrt tentang Pembunuhan Berencana Efendi, Rizal Khalid
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 19 No 2 (2016): Al-Qanun Vol. 19, No. 2, Desember 2016
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (647.817 KB) | DOI: 10.15642/alqanun.2016.19.2.376-409

Abstract

The purpose of this research is to find out: (1) criminological aspects in the disclosure of planned murder cases decided by the Mojokerto District Court and (2) review of Islamic law on criminology aspects in uncovering planned killings decided by the Mojokerto District Court. Regarding the main substance of this research is an explanation of criminological aspects or points of view in the disclosure of murder cases planned by the Mojokerto court, in which case the acts of torture carried out in advance and the use of sharp weapons are aspects or perspectives of criminology in the disclosure of the case. The convincing evidence about the use of sharp weapons is a description of the action and the defendant himself and expert statements in the form of a statement or visum et repertum. And in Islam, all of those things raised about the criminological aspects, there are also explanations and provisions relating to it.
Analisis Strategi Pemasaran Simpanan dan Pembiayaan di KJKS Manfaat Surabaya Achmad, Zainul Muhaimin
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 20 No 1 (2017): Al-Qanun Vol. 20, No. 1, Juni 2017
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.72 KB) | DOI: 10.15642/alqanun.2017.20.1.208-230

Abstract

Become a new paradigm for achieving marketing success that is by establishing and maintaining relationships with consumers on an ongoing basis, which is called the marketing strategy. Likewise with KJKS Benefits of Surabaya. Finally the conclusion of this paper is, that: first the role of marketing KJKS Benefits of Surabaya in an effort to introduce savings and financing products to consumers is very important and also become one of the success of a company to earn profits, for the development of its products, for the continuity of its business, and for business continuity, KJKS Benefits of conducting marketing activities in the form of Advertising, Marketing, Publicity, Individual Sales, and Direct Sales. Second, the marketing strategy carried out by KJKS Benefit Surabaya in an effort to introduce and market savings and financing products is to establish cooperation with members who work with KJKS Benefit Surabaya, through print media, advertisements, exhibitions and through general trends that are currently considered to be very easy and practical in conveying information about a product by marketers both Cooperatives and other business companies, namely through the Social Media network.
Analisis Mas}lah}ah al-Mursalah terhadap Hukum Pencatatan Perkawinan di Indonesia Maskur, Ahmad
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 19 No 2 (2016): Al-Qanun Vol. 19, No. 2, Desember 2016
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (713.217 KB) | DOI: 10.15642/alqanun.2016.19.2.299-336

Abstract

Marriage registration is not regulated in the provisions of Islamic law. Whereas in the present, marriage registration is an urgent need to protect the rights of a husband and wife. Then a further legal excavation was carried out taking into account the benefits in the sack. Legal excavation on the benefit of a case that is not supported by the text of the Koran and al-Hadith like this is then called mas}lah}ah al-mursalah. Marriage registration contains many benefits and can keep life between husband and wife from many difficulties. In addition, marriage registration has also been in line with the objectives of the Shari'a (maqa>s}id al-shari>’ah) which includes the maintenance of religion, life, descent, intellect and wealth. The benefit is the protection meant for the rights of the husband, wife and the status of the children they are born with. So that the application of the theory of mas} ah} al-mursalah in the recording of marriage is appropriate and fulfills the requirements. Because marriage registration is the result of extracting Islamic law through an appropriate method that meets the conditions of mas} lah} ah al-mursalah, the law of marriage registration based on a review of the theory of mas} lah} ah al-mursalah is mandatory for the people of Indonesia. The marriage registration contained in the statutory provisions must be interpreted as part of Islamic law itself.
Peranan Pembiayaan Mudha>rabah dalam Pengembangan Usaha Mikro Kecil pada KJKS Manfaat Firmansyah, Dini
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (715.138 KB) | DOI: 10.15642/alqanun.2018.21.2.389-412

Abstract

The purpose of this paper is: (1) to find out how to finance mud}a>rabah in KFKS Manfat, and (2) to find out how the role of financing in the development of micro and small businesses in KJKS Benefits. At the end of the paper concludes with two conclusions. First, mud financing} a rabah in KJKS Benefit is financing which has the role of cooperation in business between the two parties, namely the first party as the owner of capital, KJKS and the second party manager, the KJKS member and the profits are divided according to the agreement between the two sides. Secondly, the role of mud}a>rabah financing in micro small businesses is as a venture capital with a profit sharing system, using a contract that is in accordance with Islamic sharia or cooperation between s}a>hib al-ma>l and mud}a>rib, where mud} arib is limited by restrictions on the type of business, time and place of business and Determination of the amount of profit sharing is made at the time of the contract and by referring to the profit and loss.
Analisis Produk Pembiayaan Murabahah pada BMT dalam Meningkatkan Pendapatan Nasabah: Studi Kasus Pada BMT “Mandiri Ukhuwah Persada” Jawa Timur Aini, Nur
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 19 No 2 (2016): Al-Qanun Vol. 19, No. 2, Desember 2016
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (697.847 KB) | DOI: 10.15642/alqanun.2016.19.2.203-238

Abstract

This paper aims to find out: (1) how is the application of financing products of mura>bah}ah BMT "Mandiri Ukhuwah Persada" East Java ?; and (2) how is the analysis of mura>bah}ah financing products in increasing customer income at the "Mandiri Ukhuwah Persada" BMT in East Java? At the end of this paper, the author concludes two things. First, in its application, the financing product of mura>bah}ah in BMT "Mandiri Ukhuwah Persada" is considered to be incompatible with the provisions in the fatwa DSN, because the product is mura>bah}ah in BMT "Mandiri Ukhuwah Persada" uses the contract mura>bah}ah bi al-kala>m, in which the BMT authorizes the customer to purchase the goods on behalf of the customer and the contract for>bah}ah bi al-kala>m is done verbally. YOUNG BMT only applies the principle of trust to customers and there is no supervision conducted by BMT. Second, mura>bah}ah financing products provided to the public, especially traders who lack capital, so they have no difficulty in finding loans. Because with the increase in capital, the business has also progressed, namely an increase in revenue, production and performance.
Perubahan Fungsi Tanah Wakaf dalam Hukum Islam Abdullah, Muhammad Wahid; Mubarok, Nafi'
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 19 No 2 (2016): Al-Qanun Vol. 19, No. 2, Desember 2016
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.051 KB) | DOI: 10.15642/alqanun.2016.19.2.239-262

Abstract

This paper aims to: (1) description and practice of changes in the function of waqf land in Ragang Village, Waru Subdistrict, Pamekasan Regency, and (2) whether it is in accordance with the terms and regulations in the perspective of Islamic law. The conclusion of this paper is, first, a description of the practice of waqf that occurs in Ragang Village, Waru Subdistrict, Pamekasan Regency, that a portion of the waqf land that occurred there was not registered with the Ministry of Religion and there was also no endowment pledge. Besides that, in Ragang Village, the waqf land is used to be converted to other public interests, because it is a familiar thing. Moreover, the endowment of the land has no function for the addition of mosques, while in the interests of building madrassas is very much needed, because the Al-Ghazali foundation needs madrassas for the opening of MTs. Second, in Islamic law there are some differences of opinion. according to the practice of transferring the function of waqf land in Ragang Village, Waru Subdistrict, Pamekasan Regency is allowed in Hanafiyah's opinion because it is in the interest of greater benefit. The majority of Hanafiyah, Malikiyah and Hanabalah scholars allow the replacement or change in the use of waqf property with some conditions, such as if the waqf property cannot be maintained in accordance with its original purpose and or there are benefits greater than the original waqf. If the waqf property is made for the construction of a mosque, then very little benefit, while for the construction of madrasas, the benefits are far greater than the initial waqf.

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