scholarly journals Syariat Islam dalam Perspektif Negara Hukum Berdasar Pancasila

2017 ◽  
Vol 11 (2) ◽  
pp. 160-173
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Global Level ◽  
Islamic Perspective ◽  
Muslim Countries ◽  
The Law

Revitalisasi ideologi dalam perspektif Islam, baik pada tingkat nasional maupun global selalu bermuara pada aspirasi dan tuntutan untuk mengimplementasikan syariat atau hukum Islam secara total (kaffah). Dalam Negara hukum Indonesia, aspirasi dan tuntutan semacam itu tidak selalu bisa dipenuhi. Hal ini karena Negara hukum Indonesia, sejak awal dibangun atas dasar semangat kebangsaan yang didasarkan atas prinsip ketuhanan, kemanusiaan, keadilan, dan kesetaraan atau persamaan bagi setiap warga Negara didepan hukum. Oleh karena itu aspirasi dan tuntutan penerapan syariat Islam selalu mengalami kendala bila didalamnya terdapat unsur diskriminatif atau unsur lain yang dapat menghilangkan jaminan dan perlindungan terhadap hak asasi warga negara yang sudah dijamin oleh konstitusi. Paper ini akan menjelaskan tentang pengertian dan karakter syariat, tujuan syariat, model-model penerapan syariat di sejumlah Negara Muslim, model atau teori penerapan syariat Islam di Indonesia menurut sejumlah pakar, pilihahan atau alternative yang bisa digunakan untuk memperjuangkan aspirasi dan tuntutan implementasi syariat Islam di Indonesia dan ditutup dengan simpulan. Revitalization of ideology in Islamic perspective, both at national and global level always leads to aspirations and demands to implement sharia or Islamic law in total (kaffah). Within the legal State of Indonesia, such aspirations and demands can not always be met. This is because the Indonesian state of law, from the beginning built on the spirit of nationality based on the principle of divinity, humanity, justice, and equality or equality for every citizen in front of the law. Therefore, the aspirations and demands of the application of Islamic Sharia always experience constraints if in it there are discriminative elements or other elements that can eliminate the guarantee and protection of citizens rights that have been guaranteed by the constitution. This paper will explain the understanding and character of the Sharia, the purpose of Sharia, models of Sharia application in some Muslim countries, the model or theory of application of Islamic Shariah in Indonesia according to some experts, alternatives or alternatives that can be used to fight for aspirations and demands of the implementation of Islamic Shariah Indonesia and concluded.

scholarly journals Comparing the Law Related to Market Manipulation in Islamic Law and US Law

2019 ◽  
Vol 16 (1) ◽  
pp. 80
Author(s):  
Saad A. Aljloud
Keyword(s):  
Financial Markets ◽  
Large Scale ◽  
Islamic Law ◽  
Market Manipulation ◽  
Islamic Perspective ◽  
Muslim Countries ◽  
Regulation Of Financial Markets ◽  
The Us ◽  
The Law ◽  
The Way

The financial markets have been beset by large-scale market manipulations since its beginning. This article focuses on comparing the laws of market manipulation of the US and Islamic law and how Muslim countries get benefits from US regulation of financial markets. This will investigate market manipulation from US law and Islamic perspective. This article will present a comprehensive step review of the Islamic law regarding market manipulation. Also this article begins with a snapshot of financial markets in US law and the meaning of manipulation. Understanding more about the way the jurisprudence was designed to adapt to the existing laws and institutions of the Islamic Shariah will help place some of the unique features in Islamic law of financial markets. We will discuss the Islamic doctrine ḥisbah (حسبة‎) which means ‘accountability’ or a duty to ‘enjoin good and forbid wrong’ and how it benefits Islamic financial markets. Finally we will discuss whether principles of market manipulation, supplemented in Islamic law, have attained their purpose.

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

Compelling Defendant's Appearance at Court in Islamic Law

1996 ◽  
Vol 3 (3) ◽  
pp. 305-315 ◽  
Author(s):  
Farhat Ziadeh
Keyword(s):  
Islamic Law ◽  
Roman Law ◽  
Legal Representative ◽  
Legal Systems ◽  
The West ◽  
Modern Times ◽  
Muslim Countries ◽  
Primary Function ◽  
Long Time ◽  
The Law

AbstractDifferent legal systems have employed a variety of measures to insure the appearance of the defendant in court. The earliest conception of an action in Rome and in pre-Islamic Arabia was the voluntary appearance of both parties before a recognized or prestigious authority. Thus, early Roman law could not pass judgment against a defendant who failed to appear, either voluntarily or involuntarily. The idea that the court could give a judgment in the plaintiff's absence—the so-called judgment by default—took a long time to materialize in the West. Classical Islamic law requires that the defendant or his legal representative (wakīl) be present for a judgment to be given. This requirement is predicated on the assumption that the primary function of the judge is conciliation of the parties and not necessarily the vindication of rights. The law describes various measures that may be employed to force the defendant to appear in court. Failing that, it provides for the appointment of a legal representative for the defendant. Judgment by default was introduced into Muslim countries only in modern times under the influence of Western codes of procedure.

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

scholarly journals Nafkah Saudara Sedarah Sesisi (Hawashi) dalam Undang-Undang Islam Di Malaysia

2020 ◽  
Vol 32 (2) ◽  
pp. 320-340
Author(s):  
Azizah Mohd ◽  
◽  
Badruddin Hj Ibrahim ◽  
Siti Zainab Abd Rashid
Keyword(s):  
Islamic Law ◽  
Muslim Countries ◽  
Library Research ◽  
The Law

Under Islamic law, blood relatives from among hawashi (collateral kin) fall into the category of those who deserve nafaqah (maintenance), especially whenever they are in need or when they are incapable of maintaining themselves, while at the same time having relatives who are capable and well off. This research discusses maintenance for collateral relatives as an instrument to ensure continuous protection of relatives under Islamic law. The discussion includes the views of the fuqaha on maintenance to hawashi in Islam. It also reviews the basis for the responsibility to maintain relatives including relevant principles in the Quran and the Sunnah of the Prophet SAW, the discussion and views of contemporary fuqaha (Islamic jurists) on the extent of a person’s responsibility to maintain relatives. Further, this research also analyses the application of Islamic law in Malaysia in relation to one’s responsibility to maintain relatives. For the purpose of comparison, discussion will also include provisions of the law on maintenance for relatives in several Muslim countries. The research was conducted through library research and analysing the treatises of Muslim jurists, as well as the provisions of Islamic law on maintenance for collateral relatives. The findings of this research are deemed significant to improve the existing provisions on Islamic law relating to maintenance in Malaysia.

scholarly journals MENGANGANKAN HAM INDONESIA BERWAWASAN ISLAM

2008 ◽  
Vol 2 (1) ◽  
pp. 15
Author(s):  
M. Fauzan Zenrif
Keyword(s):  
Human Rights ◽  
Social Problems ◽  
Islamic Law ◽  
National Interests ◽  
Social Rules ◽  
Islamic Perspective ◽  
The Law ◽  
Law And Justice ◽  
The Right ◽  
Rights Issues

<p>Indonesian Muslims when faced with social problems, especially those related to law and justice, always involve the dualism of thought, Islam and kindonesiaan. When human rights issues arise, the unification of Indonesian Islam seeks to justify the problem into its shari'ah. This is normal, because Islam is believed not only mngatur spirituality of his people, but also related to social rules. This paper tries to explain what Muslims can do as the majority of their beloved country's people in dealing with human rights issues. Besides, the effort to enforce the law for internal Islamic and national interests. This paper also discusses how the Islamic perspective is about this. Discussing human rights issues can not be separated from how the principle as stipulated in Islam. The substance that need to be put forward is the fulfillment of the right of life security and the right of freedom to choose religion or belief. Similarly, the right of equality and justice before the law. Therefore, it is necessary to implement the strategy of human rights by considering three priorities. First, that Islamic law is universal. Secondly, Islamic law is never retroactive. Third, that Islamic law does not impose burden except on the perpetrators.</p><p> </p><p>Umat Islam Indonesia apabila dihadapkan pada permasalahan-permasalahan sosial, terutama yang berkaitan dengan hukum dan peradilan, selalu melibatkan dualisme pemikiran, keislaman dan kindonesiaan. Ketika permasalahan Hak Asasi Manusia (HAM) muncul, uniat Islam Indonesia berusaha mencarikan justifikasi permasalahan tersebut ke dalam syari’atnya. Hal ini wajar-wajar saja, sebab Islam diyakini tidak sekedar mngatur spiritualitas umatnya, tetapi juga menyangkut aturan-aturan sosial. Tulisan ini mencoba menjelaskan apa yang bisa diperbuat umat Islam sebagai mayoritas masyarakat negerinya tercinta dalam menghadapi permasalahan hak asasi manusia. Selain itu dibahas upaya menegakkan hukum untuk kepentingan internal Islam dan nasional. Tulisan ini juga membahas bagaimana perspektif Islam mengenai hal ini. Membahas permasalahan HAM tidak lepas dari bagaimana prinsipnya sebagaimana diatur dalam Islam. Secara substansif yang perlu dikedepankan yaitu pemenuhan hak keamanan jiwa dan  hak kebebasan memilih agama atau keyakinan. Demikian pula hak kesamaan dan keadilan di depan hukum. Untuk itu diperlukan strategi implementasi hak asasi manusia dengan mempertimbangkan tiga prioritas. Pertama, bahwa hukum Islam bersifat universal. Kedua, bahwa hukum Islam tidak pernah berlaku  surut. Ketiga, bahwa hukum Islam tidak memberikan beban kecuali pada pelakunya.</p>

scholarly journals Eyelash Extension dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (4) ◽  
pp. 532-552
Author(s):  
Iskandar Iskandar ◽  
Hijrayanti Sari ◽  
Nurul Atika
Keyword(s):  
Qualitative Research ◽  
Human Hair ◽  
Islamic Law ◽  
Eye Injuries ◽  
Research Results ◽  
Islamic Perspective ◽  
The Law ◽  
The Impact ◽  
Descriptive Qualitative

This study aimed to identify the law of using eyelash extensions from the perspective of Islamic law, as well as what the scholars think about it. To get answers to this problem, descriptive qualitative research (non-statistical) was used which focused on the study of texts and texts and used historical and phenomenological approaches. The research results found are; First, eyelash extension is a method of lengthening and adding lashes with the aim of adorning or beautifying the eyes. Second, the eyelash extension procedure is done by gluing the lashes together with the original perimeter lashes using a special glue. As for the impact of eyelash extensions, it causes eyelashes to fall out, irritation, allergies, and eye injuries. Third, in determining the law of eyelash extensions from an Islamic perspective, the authors explore the law by applying eyelash extensions to the hair, and in this case, the scholars have different opinions. If real (human) hair is used, the majority of scholars forbid it. As for using synthetic hair, the scholars have different opinions, some permit while some others absolutely prohibit using either real hair or synthetic hair, and there are also those who differentiate the law by seeing whether the woman is married or not. If a woman is not married, it is not allowed, as for those who

scholarly journals State Authority and Public Trust in National Zakāh Management: Historical Lessons, Fiqh Discourse, and International Comparison

2021 ◽  
Vol 3 (02) ◽  
pp. 1
Author(s):  
Yusuf Wibisono
Keyword(s):  
Civil Society ◽  
International Comparison ◽  
Islamic Law ◽  
Public Trust ◽  
The State ◽  
Important Conclusion ◽  
Muslim Countries ◽  
State Authority ◽  
The Law ◽  
Ultimate Objective

The aspect of <em>zakāh</em> management or administration is not regulated extensively in Islamic law. Since the dawn of Islam, <em>zakāh</em> management has become the field of <em>ijtihād</em> based on<em> mashla</em><em><span style="text-decoration: underline;">ḥ</span></em><em>ah</em>. And today, the practice of <em>zakāh</em> management in contemporary Muslim countries has been incarnating a wider area of experiment. In contemporary Indonesia, the Law Number 23 Year 2011 concerning <em>Zakāh</em> Management has been passed. This law, which become effective since 2016, caused upheaval within national Islamic philanthropy sector since it regulates national <em>zakāh</em> management currently dominated by civil society, based on “classical <em>fiqh</em> opinion” that only the state has authority to manage <em>zakāh</em>. This paper lift up an important conclusion that <em>zakāh</em> management entirely by the state is not be in effect unconditionally, but with many of qualifications. Moreover, the effectiveness of <em>zakāh</em> management by state relies heavily on the level of public trust against government, not by enforcement of the state. <em>Zakāh</em> management by the state is merely an instrument, not the goal itself. The ultimate objective that must be pursued is the delivery of <em>zakāh</em> to those who deserve it with optimum benefits.

scholarly journals Kompetensi Dan Kedudukan Janji Bagi Pemimpin Publik Dalam Prespektif Hukum Islam

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
M Asrorun Niam Sholeh
Keyword(s):  
Islamic Law ◽  
Islamic Perspective ◽  
The Law ◽  
Future Leaders ◽  
To Come ◽  
Public Leaders

Abstract: Public leaders in practice often make political promises and it is not uncommon for these promises to come without a realization. Promises without realization often cause problems both philosophically, juridically, and sociologically. Philosophically, it will injure the existence that all promises must be kept. In practice, the promises of leaders and future leaders take many forms when it comes to the perspective of Islamic law. The perspective of jumhur Fuqaha states that keeping promises is impossible and breaking the law is makruh. Kaidaahnya public leaders who break their promises are included in the category of sinful leaders (fasiq), this simultaneously impacts that the level of the leader's wickedness will affect the level of people's obedience to him. This research aims to describe the position of promises given by public dreamers to society from an Islamic perspective. The results of this study explain that leaders often give promises that are limited to commitments and leaders should not break promises because the law is haram and promises are a debt that must be paid.Keywords: Promise; Leader; Political

scholarly journals Pemikiran Islam Kontemporer Abdullah Saeed dan Implementasinya dalam Persoalan Murtad

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 79-92
Author(s):  
Ach Musif
Keyword(s):  
Media Coverage ◽  
Islamic Law ◽  
Rational Thinking ◽  
The West ◽  
Terror Attacks ◽  
Muslim Countries ◽  
The Law ◽  
Progressive Islam ◽  
Western Media

Western media coverage on Islam and especially on terror attacks by Muslims has been exaggerated and pejorative. This stereotyping has portrayed Islam as problems. First, Islam is seen as sluggish in responding modernity and the advance of science and knowledge so it always lacks behind the West. Second, Islam is associated with extremism and terrorism which are incompatible with the West. Therefore, the emergence of rational thinking and cosmopolitan approach to Islam promoted by Muslim reformists, such as Abdullah Saeed, are very urgent to encounter such stereotype and discourse on Islam in the West. This article examines Saeed’s method called “progressive Islam”.  By taking one example of conversion (murtād), this article elucidates how the method of ijtihād progressive is applied in one of the most controversial topics in Islamic law. This study shows that the law on murtād, as it was introduced by classical Muslim jurists, is now adopted by Muslim countries. However, such adoption does not have a sound ground on the Qur’anic texts and the Sunnah. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1251

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