Penelitian Semula Akad Mudharabah: Satu Kajian dari Perspektif Tahaluf

This article aims to re-examine the mudharabah contract from the perspective of tahaluf. Mudharabah here means the framework to run a business in the field of economy, whereas tahaluf here means an agreement made between two parties or parties to achieve certain goals as long as it does not violate Islamic law. By having three elements in the mudharabah contract namely guarantee, justice and benefit, this study is conducted to review the concept of mudharabah from the perspective of the agreement (tahaluf) in Islam. It is to answer the question, is it true that the mudharabah contract is fulfilled with the tahaluf concept? This study was conducted using library research and content analysis. Library research is used to obtain secondary data, while content analysis is used to analyze the data. The result, mudharabah muqayyadah is the most suitable practice of tahaluf concept. It is linked to three distinct tahaluf features that have an agreement period, cancellation of the agreement if betrayed and have a clear agreement agreement. In addition, three conditions are ensured in accordance with the mudharabah contract namely loyalty, wise management and ukhwah. Only the one principle that can be achieved in the mudharabah contract is the principle of peace.

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DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

Book Chapters of The 1st Jakarta International Conference on Social Sciences and Humanities (JICoSSH) ◽

10.33822/jicossh.v2i1.10 ◽

2019 ◽

Vol 2 ◽

pp. 155-174

Author(s):

Heri Herdiawanto ◽

Valina Singka Subekti

Keyword(s):

Research Method ◽

Islamic Law ◽

Secondary Data ◽

The State ◽

Islamic State ◽

Basic Group ◽

Constituent Assembly ◽

Library Research ◽

The One ◽

The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

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Property toward Husband Doesn't Provide Children and Wife in the Overview of the Compilation of Islamic Law

Randwick International of Social Science Journal ◽

10.47175/rissj.v2i3.263 ◽

2021 ◽

Vol 2 (3) ◽

pp. 225-235

Author(s):

Suenta Karina Siregar ◽

Utary Maharani Barus ◽

Yezrizawati ◽

Idha Aprilyana Sembiring

Keyword(s):

Islamic Law ◽

Descriptive Analysis ◽

Field Research ◽

Secondary Data ◽

Supreme Court Decision ◽

Applicable Law ◽

Library Research ◽

The Republic ◽

The One ◽

Joint Property

The study was conducted to find out Compilation of Islamic Law governing the distribution of joint property, the application of the principle of partnership and the legal considerations of judges in the Supreme Court Decision of the Republic of Indonesia on Case Number 266K/AG/2010 in terms of the Compilation of Islamic Law against husband doesn’t provide for his children and his wife. This research uses normative juridical research methods that use secondary data consisting of primary, secondary, and tertiary legal materials with descriptive analysis and data collection tools are carried out by library research supported by data obtained through field research at Bantul Religious Courts. The results of this research is known that the regulation regarding the distribution of joint property to husbands who do not provide for their children and wives is not detailed in the Compilation of Islamic Law. This partnership causes the position of husband and wife to be the same in some respects, in other respects to be different, the husband becomes the head of the family, the wife becomes the head in charge of household regulation, each has a role, position, rights, obligations, and responsibilities, all of which complement and perfect each other, every role has rights and every position has obligations, whoever has more obligations or who bears greater obligations, he is the one who has more rights than the others. The judge to resolve the conflict must be able to resolve it objectively based on the applicable law, determine the facts in the trial including the relevant facts and the choice of which legal rules will be used as the basis for resolving the case.

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MODEL PERJANJIAN EFEKTIF UNTUK MENGURANGI TINGKAT RESIKO DALAM PEMBIAYAAN MUDHARABAH PADA BANK SYARIAH

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v3i2.11086 ◽

2014 ◽

Vol 3 (2) ◽

Author(s):

Luthfiyah Trini Hastuti ◽

Burhanudin Harahap ◽

Solikhah ,

Keyword(s):

Content Analysis ◽

Focus Group ◽

Islamic Law ◽

Group Discussion ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Islamic Banking ◽

Real Nature ◽

Library Research

AbstractMudaraba is a cooperative institution agreed by jurists in lieu of debts or borrowing in the banking feared contain elements of usury. In a period of more than ten years, it was financing is not optimal as expected by the scientists of Islamic law. Research for this first year aims; (1) Inventory overview of Islamic banking desire to give of financing; (2) review the description of Islamic banking desire to give of financing; (3) Develop forms of legal protection that is ideal to be used as a model in reducing the level of risk faced by the Islamic banking in providing of financing; (4) Develop a model agreement ideal for Islamic banking in order to improve the provision of financing to customers. This study is an empirical research related to the identification and effectiveness of the law. The data used are primary data and secondary data. The primary data obtained through interviews and focus group discussions. Secondary data were obtained through library research related to the problem under study. Analyses were performed using content analysis (content analysis), which examines the contents of mudaraba cooperation. The results showed that; (1) In principle, Islamic banking has committed to provide financing is optimal; (2) the desire to provide optimal financing constraints facing many complex factors, ranging from the issue of the system to issue public unprepared to accept it; that society is pragmatic and less understand the real nature of mudaraba; (3) Islamic banks need to receive adequate legal protection for accounts receivable financing is not given in the form of a dishonest act of the customer; (4) model is ideal agreement of financing by Islamic banking is; (A) the customer in the form of the company because it is easy to mlakukan supervision; (B) similar business field.Keywords: mudaraba, agreement, cooperation, legal protectionAbstrakMudharabah adalah pranata kerjasama yang disepakati oleh para ahli hukum Islam sebagai pengganti utang piutang atau pinjam meminjam dalam perbankan yang dikhawatirkan mengandung unsur riba. Dalam kurun waktu lebih dari sepuluh tahun ternyata pembiayaan mudharabah tidak optimal sebagaimana yang diharapkan oleh para ilmuwan hukum Islam. Penelitian ini bertujuan; (1) Menginventarisasi gambaran keinginan perbankan syariah dalam memberikan pembiayaan mudharabah; (2) mengkaji gambaran keinginan perbankan syariah dalam memberikan pembiayaan mudharabah; (3) Menyusun bentuk-bentuk perlindungan hukum yang ideal untuk dijadikan model dalam mengurangi tingkat resiko yang dihadapi perbankan syariah dalam memberikan pembiayaan mudharabah; (4) Menyusun model perjanjian yang ideal bagi perbankan syariah agar dapat meningkatkan pemberian pembiayaan mudharabah kepada nasabah.Penelitian ini merupakan penelitian empiris yang berkait dengan identifikasi dan efektivitas hukum. Data yang dipergunakan adalah data primer yang diperoleh dengan wawancara dan focus group discussion dan data sekunder yang diperoleh melalui studi kepustakaan yang berkait dengan persoalan yang dikaji lalu dianalisis dengan menggunakan analisis isi (content analysis), yaitu mengkaji isi kerjasama mudharabah. Hasil penelitian menunjukkan bahwa; (1) Pada prinsipnya perbankan syariah mempunyai mempunyai komitmen untuk memberikan pembiayaan mudharabah secara optimal; (2) keinginan untuk memberikan pembiayaan secara optimal menghadapi kendala berbagai faktor yang kompleks, mulai dari persoalan sistem sampai persoalan ketidaksiapan masyarakat untuk menerimanya; yaitu masyarakat bersifat pragmatis dan kurang memahami hakekat yang sebenarnya tentang mudharabah; (3) Perbankan syariah perlu mendapat perlindungan hukum secara memadai karena pembiayaan mudharabah tidak berbentuk piutang yang diberikan dari perbuatan yang tidak jujur dari nasabah; (4) Model perjanjian ideal pembiayaan mudharabah oleh perbankan syariah adalah; (a) nasabah berbentuk perusahaan karena mudah untuk mlakukan pengawasan; (b) bidang usaha yang sejenis;Kata kunci: mudharabah, perjanjian, kerjasama, perlindungan hukum.

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APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽

10.33592/islamika.v14i1.637 ◽

2020 ◽

Vol 14 (1) ◽

pp. 1-11

Author(s):

Ade Jamarudin ◽

Ofa Ch Pudin

Keyword(s):

Financial Institutions ◽

Islamic Law ◽

Financial Institution ◽

Field Research ◽

Secondary Data ◽

Research Field ◽

Islamic Banking ◽

Library Research ◽

Human Labor ◽

Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

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Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽

10.15642/alhukama.2019.9.2.496-517 ◽

2019 ◽

Vol 9 (2) ◽

pp. 496-517

Author(s):

Abdullah Taufik ◽

Ilham Tohari

Keyword(s):

Content Analysis ◽

Research Method ◽

Islamic Law ◽

Gender Justice ◽

Legal Research ◽

Analysis Techniques ◽

Positive Law ◽

The One ◽

Legal Discovery ◽

Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

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Al-Qabisi’s Theory on Physical Punishment Method for Students

Jurnal Ilmiah Peuradeun ◽

10.26811/peuradeun.v9i2.532 ◽

2021 ◽

Vol 9 (2) ◽

pp. 393

Author(s):

Syahrizal Syahrizal

Keyword(s):

Content Analysis ◽

Educational Institution ◽

Secondary Data ◽

Physical Punishment ◽

Data Sources ◽

Library Research ◽

Secondary Data Sources ◽

The Impact

The ideas of al-Qabisi on the physical punishment method for the students now tend to be poorly comprehended, acknowledged, and implemented by educators in the educational institution system. It is almost certain that the study of the physical punishment method is still limited to theory and knowledge without giving application in the reality of life. This research aimed to analyze the principle of physical punishment for the students, illustrate the terms, as well as the objectives of the punishment, and the impact on the psychological and physical of students. Based on library research and descriptive, deductive, and content analysis of primary and secondary data sources, the result of the research showed that according to al-Qabisi, there are six principles of physical punishment, four conditions that must be considered in the provision of physical punishment, five purposes of giving physical punishment for them, and imposition of physical punishment for them according to al-Qabisi harms the physical and psychological of students.

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Diskresi Hakim dalam Memutus Perkara Cerai Talak melalui Video Call pada Saat Pandemi Covid-19

Jurnal Riset Hukum Keluarga Islam ◽

10.29313/jrhki.v1i1.81 ◽

2021 ◽

Vol 1 (1) ◽

pp. 1-5

Author(s):

Annisa Sherin Millenia ◽

Maman Abdurrahman ◽

Ilham Mujahid

Keyword(s):

Data Collection ◽

Islamic Law ◽

Attorney General ◽

Secondary Data ◽

Descriptive Research ◽

Library Research ◽

Principle Of Justice

Abstract. Research in this thesis is a type of descriptive research. The data used in this study is secondary data with primary legal material in the form of Al-Qur'anul Karim, Compilation of Islamic Law, Law No. 1 of 1974, Law No. 48 of 2009 on the Power of Justice. While the approach the author uses is juridical normative. The author uses data collection techniques or library research in accordance with PERMA No. 1 Year 2019 on The Administration of Cases and Hearings in the Court conducted electronically, however, the facts that occurred, the absence of the respondent at the court on the grounds that the existence of PSBB, although the call has been made officially and appropriately. In the examination of the Respondent from the attorney general the applicant submits an application to the panel of judges to continue the trial and examine the respondent via video call. The results of this study showed that the discretion of the Judge in deciding the divorce lawsuit through a video call in the Brass Religious Court, the judge prioritized the principle of justice and efficacy for the community, especially to the litigants. Abstrak. Penelitian dalam skripsi ini merupakan jenis penelitian deskriptif. Data yang digunakan dalam penelitian ini adalah data sekunder dengan bahan hukum primer berupa Al-Qur’anul Karim, Kompilasi Hukum Islam, Undang-undang No. 1 Tahun 1974, Undang-Undang No. 48 Tahun 2009 tentang Kekuasaan Kehakiman. Sementara pendekatan yang penulis gunakan adalah yuridis normatif. Penulis menggunakan teknik pengumpulan data atau library research Sesuai dengan PERMA No. 1 Tahun 2019 tentang Adminsitrasi Perkara dan Persidangan di Pengadilan dilakukan secara elektronik, Namun, Fakta yang terjadi, ketidakhadiran dari termohon di persidangan dengan alasan saat itu adanya PSBB, meskipun telah dilakukan panggilan secara resmi dan patut. Dalam pemeriksaan Termohon dari kuasa hukum pemohon mengajukan permohonan kepada majelis hakim untuk tetap melanjutkan persidangan dan memeriksa pihak termohon melalui video call. Hasil penelitian ini menunjukkan bahwa diskresi Hakim dalam memutus perkara gugatan cerai talak melalui video call di Pengadilan Agama Kuningan, hakim mengutamakan asas keadilan dan kemanfatan bagi masyarakat, khususnya kepada pihak yang berperkara.

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HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

ISLAM TRANSFORMATIF Journal of Islamic Studies ◽

10.30983/it.v2i2.757 ◽

2018 ◽

Vol 2 (2) ◽

pp. 193

Author(s):

Elimartati Elimartati

Keyword(s):

Content Analysis ◽

Qualitative Method ◽

Islamic Law ◽

Science And Technology ◽

Analysis Approach ◽

Main Task ◽

Gender Analysis ◽

Family Needs ◽

Library Research ◽

The Law

In common tradition, making a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).

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Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia

Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam ◽

10.15408/kordinat.v19i2.18994 ◽

2020 ◽

Vol 19 (2) ◽

pp. 303-318

Author(s):

Ahmad Edwar

Keyword(s):

Content Analysis ◽

Islamic Law ◽

Analysis Method ◽

Law System ◽

The Third ◽

Library Research ◽

Content Analysis Method ◽

The Law ◽

Definition Of ◽

Islamic Marriage

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation

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Pandangan Ibnu Hazm Al-Andalusi tentang Etika Religius dan Aktualisasinya dalam Pendidikan

Edukasia Islamika ◽

10.28918/jei.v2i2.1671 ◽

2017 ◽

pp. 252

Author(s):

Abdul Khobir

Keyword(s):

Content Analysis ◽

Education System ◽

Historical Analysis ◽

Secondary Data ◽

Qualitative Approach ◽

Data Sources ◽

Religious Ethics ◽

Library Research ◽

Life Problems ◽

Ibn Hazm

This present study aims to describe the religious ethics and its actualization in today’s education system according to Ibn Hazm. A qualitative approach was employed in this library research. The data sources consist of primary and secondary data that were collected by using documentation. The data were analyzed by using content analysis and historical analysis. This findings demonstrate that according to Ibn Hazm, religious ethics are based on the Qur’an and Hadith. It tends to solve the complication of “dialectic” and focus on the effort in spreading the spirit of Islamic morality directly. This study also promote that several life problems that caused by globalization can be handled by using the principles of religious ethics offered by Ibn Hazm.

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