11 Islamic Law in Israel: A Case Study in Legal Pluralism

Keyword(s):  
ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten


2016 ◽  
Vol 33 (1) ◽  
pp. 52-66
Author(s):  
Nesya Shemer

This article suggests a new way of looking at the preeminent methodological principles informing the oeuvre of Yusuf al-Qaradawi, the greatest Muslim scholar of our generation, specificallywith regard to his rulings for and about Muslims living in Europe.The case study presented here is taken from the field of Muslimprayer law, a field that has to date been subjected to very little research.By comparing the discussions of classical Muslim scholarson the topic with the new interpretations proffered by al-Qaradawi,one can notice the process of change undergone by the Shari‘ahconcerning prayer under extraordinary circumstances from Islam’searly days down to the present. We can also see how his politicaloutlooks have influenced his ruling on this issue and the discussionthereof among Muslims who do not reside in the West.


2021 ◽  
pp. 1-26
Author(s):  
David Newman Glovsky

Abstract The historical autonomy of the religious community of Medina Gounass in Senegal represents an alternative geographic territory to that of colonial and postcolonial states. The borderland location of Medina Gounass allowed the town to detach itself from colonial and independent Senegal, creating parallel governmental structures and imposing a particular interpretation of Islamic law. While in certain facets this autonomy was limited, the community was able to distance itself through immigration, cross-border religious ties, and smuggling. Glovsky’s analysis of the history of Medina Gounass offers a case study for the multiplicity of geographical and territorial entities in colonial and postcolonial Africa.


2018 ◽  
Vol 1 (2) ◽  
pp. 228-244
Author(s):  
Asmawarna Sinaga ◽  
Anjur Perkasa Alam ◽  
Fariz Arkan ◽  
Sri Wahyuni Hasibuan

  Analysis of the amount of financing the hajj bailout for the cost of the pilgrimage (Case Study of Bank Sumut Syariah Sub-Branch Stabat).Asmawarna Sinaga and Anjur Perkasa Alam. Hajj financing is a loan from a sharia bank to customers to cover the shortage of funds to obtain a seat (seat) Hajj at the time of repayment BPIH (Hajj Travel Expenses). This financing product uses the Qardh Wal Ijarah principle. The purpose of this research is to know the view of Islamic law against financing of Hajj bailout fund and to know the view of Islamic law about ujrah fee on akad of bailout fund of Hajj. This research is field research. The definition of the Hajj bailout is a bailout fund from a bank to a special customer to cover kekurangandana to cover the lack of funds to obtain a portion number at the time to pay the cost of organizing the pilgrimage. The research design uses a qualitative approach with non-statistical analysis While the data analysis techniques use content analysis and interactive methods consisting of data reduction, data collection, data presentation and conclusion. The results of this study note that the akad bailout funds in Islamic banks contain multi-akad, where the contract used qardh and ijarah is allowed. While the view of Islamic law regarding the taking of ujrah fee on hajj bailout fund is not in accordance with sharia due to the percentage of ujrah fee based on qardh fund.


2012 ◽  
Vol 52 (1) ◽  
pp. 51-68 ◽  
Author(s):  
Philip Ostien ◽  
Abdul-Fatah 'Kola Makinde

AbstractThis paper is about metropolitan Lagos—under the British only a "township", though long Nigeria's capital. From early in its history the percentage of Muslims living in Lagos has been high, somewhere around fifty percent. There is a long history of attempts by activists among the Lagos Muslims, none yet successful, to persuade the authorities pro tem to establish Sharia Courts for the use of Muslims, to which they could take their civil matters for adjudication under Islamic law. After briefly introducing Lagos, we describe one of these attempts: the 1894 petition of the Lagos Muslims to their British colonial masters, and its outcome, paying particular attention to the pluralistic legal environment in which it was made. This early petition—or rather the facts that it was made, and that it failed, all context having been forgotten—lives on in the thinking of many Nigerian Muslims today as another example of British hostility to Islam, often held to be responsible for the failure of Islamic law to thrive in the predominantly Yoruba southwest of which Lagos is a part. This paper is an attempt to restore the context, and thus perhaps to help improve the analysis of the fate of Islamic law in Nigeria's southwest.


2017 ◽  
Vol 5 (1) ◽  
pp. 135-150
Author(s):  
Kusnan Kusnan

Arabic is the language of Muslim’s holy book, and reading  it is obligatory for Muslims. In Islamic education, Arabic is the language that should be mastered as a means of understanding the original texts of the source of Islamic law. One of the important thing in learning Arabic is the method. Zam-Zam Muhammadiyyah Modern Islamic Boarding School implements a diffent model and method of learning Arabic compared to other Islamic boarding schools in the district of Cilongok. This is a qualitative research, through a case study using interview, observation and documentation techniques for collecting data and interactive analysis for analying data. The findings of this research are three models of Arabic learning in Pondok Pesantren. The first model is khiwar or muhadatsah, the second is mufrodat walls intended to make students familiar with Arabic vocabulary, and the third is Lughoh. The method and model of Arabic learning in the institution as described above is a combined method. There are at least three methods used, i.e. Communicative Problem-Based Learning Method, Audiolingual Method, and Grammar-Translation Method.


2019 ◽  
Vol 3 (2) ◽  
pp. 212
Author(s):  
Muhamad Ali Anwar

The success of learning in an educational institution depends on creativity in learning from the teacher's business. Because he is a teacher, he must bring the learner towards the goals he has set. This study describes how the planning, implementation, evaluation of active learning strategies in learning jurisprudence (Islamic law) in students majoring in Mathematics and Natural Sciences (MIPA) in Madrasah Aliyah Nahdlatul 'Ulama (MA-NU) Mojosari, Loceret, Nganjuk, East Java, Indonesia. This study uses an interpretive paradigm through a qualitative approach, a type of case study research. The results of the study found several related to the planning, implementation, and evaluation of active learning in fiqh learning carried out at the study site, all by the concept of the theory although there are still improvements in terms of implementation that will automatically affect the results, so the teacher must work extra hard to perfection through continuous evaluation.


2019 ◽  
Vol 2 (2) ◽  
pp. 1-34
Author(s):  
Laode Arahman Nasir ◽  
Wasilah Wasilah

This study aims to analyze the policy of late charge elimination applied to PT Bank BNI Syariah. This policy was initiated at the year of 2016 which predictably lead to the inclination of problematic financing at BNI Syariah. This study provides evaluation and recommendation for policy implementation to reduce the number of problematic financing. This study uses qualitative methods with a case study approach. The research instrument used was through the interview process with BNI Syariah and the DSN (Dewan Syari‟ah Nasional/ Read: National Board of Islamic Law) of MUI (Majelis Ulama Indonesia/ Read: Indonesian Muslim Scholars Council). The results of the study reveals that the application of a fine-elimination policy was applied because of bank doubts about the application of fines to sharia and fines that have no effect on the bank’s income. PT Bank BNI Syariah uses persuasive policies and still applies the ta'widh policy after the application of the fine is eliminated. This policy has a positive impact on marketing but is still vulnerable to an increase in the level of Non Performing Financing (NPF).


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