scholarly journals Pemilihan Umum Menurut Hukum Islam

2019 ◽  
Vol 15 (1) ◽  
Author(s):  
Sodikin Sodikin

This article discuss the implementating general election in Islamic law, both the legislative elections, elections of regional heads and presidential elections. Indonesian elections in accordance with the mechanism of the western democracies, so that the election is the only way in choosing representatives and leaders. In the Islamic view of the elections is not the only way but one of the ways to choose a government or leader. Elections according to the Islamic view of the law may permissible, but must be in accordance with the implementation of sharia, not using a mechanical cause many western democracies not helpful.DOI: 10.15408/ajis.v15i1.2848

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 164-178
Author(s):  
Sari Utami

The importance of zakat distribution in the digital age increasingly shows the existence and urgency of digitalization in all aspects. The purpose of zakat distribution online will facilitate muzakki effectively and efficiently in terms of activities and time in distributing zakat evenly and thoroughly to break the poverty chain, and improve social and economic welfare of the community without having to distinguish between the rich and poor, because behind the distribution of zakat funds is the rights of those who are entitled to receive it (mustahik). This research focused on qualitative research using a descriptive analysis technique which is to conduct an analysis by describing, describing, explaining about paying zakat online in Islamic law. In Islamic view, zakat which is done online is permissible because one of the reasons is that it is only different in form of distribution, namely the transition from manual to automatic. From those who usually come to the institution to pay directly but this time only by accessing and transferring. However, it still does not abandon the terms or conditions in issuing or distributing zakat. Distribution of zakat online is not a problem in terms of Islamic law, because its distribution will facilitate muzakki or Muslims who have an obligation to pay zakat. A muzakki can distribute his zakat online is legal and not a problem legally. Special institutions that are given the mandate in the distribution of zakat will be managed because it is deposited from muzakki which is distributed online and must be in accordance with the principles in sharia provisions. So that the obligation to fulfill or pay zakat continues to be carried out in order to share with others who are entitled to need throughout Indonesia.Keywords: Easiness; Islamic Law; Online; Zakat.


2019 ◽  
Vol 3 (1) ◽  
pp. 63-78
Author(s):  
Ridwan Arifin

The number of general elections in Indonesia, such as in regional head elections, leagislative elections and in the election of president and vice president. In general elections, the president and vice president are often referred to as legislative elections, while the head of the region itself has the title, namely regional head elections only. The proverb says that where there is a rule there will be an offense. Therefore, to avoid any undesirable things, an improvement is needed to deal with this. In order to avoid fraud, in the improvement there is certainly an institution that regulates, namely from the law apparatus, as an apparatus in law enforcement is required to be able to ensure the existence of violations in the implementation of elections only because solely to enforce integrated law. In fact, the general election is always interesting so that it can be investigated, which is contained in the rules, implementation, and in the participants and the community. It certainly determines the success of the general election. If the rules are already felt or considered to be good in its implementation without capable law enforcement so that it will be difficult also in its realization. Good rules and good law enforcers also cannot maximize if the people themselves are ignorant and do not care about existing regulations. So, order between the three of them bound each other. In general elections it does not only involve one or two people, but requires a lot of people, so that the community is required to participate in issuing their opinions. But with so many parties participating in the election, there were many violations of the implementation, for example in 2014, where there were still many violations in general elections. Whereas at that time there was a socialization of the implementation of the general election which was socialized by the KPU and Bawaslu, not only socialization but also from the Bawaslu and its staff who participated in efforts to prevent the occurrence of violations in general elections. Although in the end socialization in prevention still cannot reduce the number of violations that exist. In dealing with this problem the creation of a system can reduce violations during the election, namely the process of synergy of Gakkumdu with the aim of realizing democratic elections in 2019 in the hope that it can provide the effect of clarity and change in carrying out general elections


2020 ◽  
Vol 3 (2) ◽  
pp. 65-80
Author(s):  
Fathor Rahman ◽  
Muhammad Saiful Anam

This article aims to discussing the conception of ex-corruption convicts human rights according to the General Election Commission Regulation No. 20 of 2018 systematically; regarding the concept of human rights and the explicit human rights of former corruption convicts in the General Election Commission Regulation No. 20 of 2018 in the perspective of Jasser Auda's Islamic maqashid concept.This research is qualitative research with a literature review. The perspective in this discussion is the concept of maqashid sharia Jasser Auda which uses a systems approach in Islamic law. The results shows that: 1) the current state of mind of the Indonesian people cannot be separated from contemporary issues regarding human rights, democracy, the nation state, the rule of law, and the ideals of progress and national prosperity in the national context; 2) PKPU Number 20 of 2018 is in line with maqashid al-sharia with a systems approach; 3) the prohibition of former corruption convicts from running for legislative elections is justified in the perspective of maqashid al-sharia Jasser Auda, in his avoidance with various dimensions, namely the social dimension, the bureaucratic dimension to achieve good governance, the political education dimension, the state philosophy dimension and justice.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling


2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.


2020 ◽  
Vol 14 (2) ◽  
pp. 239-250
Author(s):  
Sarmo Sarmo

This article discusses the practice of changing waqf for socio-educational purposes. The jurists of the fiqh schools argue over the permissibility of exchanging waqf land. As a country where the majority of the population is Muslim, Indonesia has made the guidelines for waqf which are stated in the law. No. 41 of 2004 concerning Waqf, Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004, and the Compilation of Islamic Law in Indonesia. This study is field research conducted in Keniten Village, Kedungbanteng District, Banyumas Regency. This study concluded that the exchange of waqf land in this village was in accordance with the purpose of the waqf and in accordance with the law. No. 41 of 2004 Article 41 paragraph (3). The process of changing donated land for TK Diponegoro 136 is in accordance with Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004. Meanwhile, the relation of Islamic law to the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is debated in accordance with the rules used by each jurisprudence school. Referring to the argument of jalb al-maṣāliḥ wa dar 'al-mafāsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.


2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
The Will ◽  

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.


Author(s):  
Donald R. Davis

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.


2021 ◽  
Vol 40 (1) ◽  
pp. 50-72
Author(s):  
Luky Sandra Amalia ◽  
Aisah Putri Budiatri ◽  
Mouliza KD. Sweinstani ◽  
Atika Nur Kusumaningtyas ◽  
Esty Ekawati

In the 2019 election, the proportion of women elected to Indonesia’s People’s Representative Assembly ( Dewan Perwakilan Rakyat, DPR) increased significantly to almost 21 per cent. In this article, we ask whether an institutional innovation – the introduction of simultaneous presidential and legislative elections – contributed to this change. We examine the election results, demonstrating that, overall, women candidates did particularly well in provinces where the presidential candidate nominated by their party won a majority of the vote. Having established quantitatively a connection between results of the presidential elections and outcomes for women legislative candidates, we turn to our qualitative findings to seek a mechanism explaining this outcome. We argue that the simultaneous elections helped women candidates by easing their access to voters who supported one of the presidential candidates, but who were undecided on the legislative election. Rather than imposing additional burdens on female candidates, simultaneous elections assisted them.


Hawwa ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 94-112
Author(s):  
Carolyn Fluehr-Lobban

The current Islamist government, ushered in by a military coup in 1989, declared that the Sudan must be governed by Islamic law orshari’ain accordance with what it called the Civilization Project. As expected, the personal status for Muslims laws,Ahwal Shakhsiyya, continued to be governed by shari’a as it has always been. However, the Sudanese society experienced unprecedented changes that are considered un-Islamic, and may be even punishable by law. In this paper two of those changes happened in the institution of marriage. This paper discusses two types of marriage, ‘Urfi and Misyar that are not part of the law, and traditionally unacceptable, and by law deemed by some to be illegal. Some scholars are seeking to normalize and may be legalize both types.


Sign in / Sign up

Export Citation Format

Share Document