Modernitas dan Keindonesiaan Fatwa Majelis Ulama Indonesia

2020 ◽  
Vol 6 (1) ◽  
pp. 1-21
Author(s):  
Muhammad Yusuf
Keyword(s):  
National Culture ◽  
Islamic Law ◽  
Public Order ◽  
Sociopolitical Environment ◽  
The Republic

This research shows that 19 (nineteen) fatwas of 104 (one hundred and four) fatwas of the Indonesian Ulama Council (MUI) from 1983 to 2009 are reflecting modernity and the Indonesia-ness. The modernity of the fatwas is implemented in the using of maqasid shari‘ah, the maslahat principle, collective ijtihad, and flexibility in madhhab. As for the Indonesianess of the fatwas is implemented at the local wisdom which includes the consideration of: National Stability of Indonesia, the Republic of Indonesia (NKRI), Public Order, National Culture, and Legislation regulated in Indonesia.The research supports the thought of the contextualist group which is represented by Sahal Mahfudh, Ali Yafie and Munawar Chalil; both of them echo the contextual relationship between fiqh and the aspects of Indonesian people’s life. Also Muhammad Atho Mudzhar which states that the implementation of any Islamic law is the result of interaction between the jurist or mufti with his sociocultural and sociopolitical environment. Musfirin al-Qahtani as well states the importance of istinbat methodology in facing the development of the contemporary Islamic law (fiqh) by standing on the shariah arguments, the fiqh formulas (qaidah fiqhiyyah), takhrij, and maqasid al-shari‘ah.

ABOUT MY TEACHER, FAMOUS SOUND DIRECTOR AND MUSICIAN VITALY NIKOLAEVICH GUSHCHIN

2021 ◽  
pp. 46-51
Author(s):  
ALEKSEY KHMYROV
Keyword(s):  
National Culture ◽  
Consumer Demand ◽  
Pop Music ◽  
Sound Recording ◽  
Sound Engineer ◽  
Sound Engineering ◽  
The Republic

This article is about the famous sound engineer, talented musician and teacher Vitaly Nikolayevich Gushchin, who made an invaluable contribution to the development of various areas of sound engineering in Uzbekistan, including music, audiovisual and radio ones. He is one of those who carried out highly professional sound recording of classical, folk and pop music works, which made up the richest fund of national culture and are in great consumer demand. V. N. Gushchin trained several generations of specialists who successfully work in many areas of sound engineering in the republic and abroad.

scholarly journals The impact of organizational culture on business operations in the Republic of Srpska and Serbia

2017 ◽  
Vol 6 (12) ◽  
Author(s):  
Svetlana Vukotić ◽  
Mirjana Čeko ◽  
Dragana Gaćinović
Keyword(s):  
Organizational Culture ◽  
National Culture ◽  
Empirical Studies ◽  
Theoretical Framework ◽  
Business Operations ◽  
The Republic ◽  
The Impact

This paper primarily provides relevant theoretical framework forexplaining the phenomenon of organizational culture, but also itanalyzes its impact on the business of an enterprise/company andworking atmosphere that occurs as a result of the impact of the organizationalclimate of a given company. Empirical studies on thissubject have been carried out in Serbia and the Republic of Srpska,which allowed us to compare the implementation and the impact ofthe organizational culture in these areas. In an integral part of thesestudies were included: types of organizational culture, the influenceof national culture on organizational culture and determination ofthe level of development of the same, all in order to improve businessoperations in Serbia and the Republic of Srpska.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals ZAKAT WITHIN THE FRAME OF THE UNITARY STATE REPUBLIC OF INDONESIA: ADAPTABILITY OF SHARIA VALUES AND CULTURES

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
M Usman
Keyword(s):  
Islamic Law ◽  
Logical Consequence ◽  
Local Culture ◽  
Methodological Framework ◽  
Multicultural Society ◽  
Social Culture ◽  
Rational Development ◽  
Unitary State ◽  
Universal Values ◽  
The Republic

This paper aims to elaborate the dynamics of Islamic law assimilation with local culture. With the hope that in the future it will form a basic perspective in shaping the philanthropy of contemporary Islamic law based on the reality of Indonesian society. The basic questions which is going to be answered through this paper are, first, the extent of the adaptability of Islamic law in the midst of multicultural society conditions in Indonesia. Second, what are juridical, normative and sociological arguments in placing zakat as a support for the integrity of the Unitary State Republic of Indonesia. Third, How is the Formulation of the Concept of Zakat within the frame of Unitary State Republic of Indonesia? The conclusion from this study shows that, first, the characteristics of Islamic law indicate the ability of adaptability to the culture of the society in which it is accepted. Even in this case Islam has provided important principles regarding rational development in efforts to adapt to its new environment. Second, placing zakat as a support for the integrity of the Unitary State Republic of Indonesia is worth to be formulated. This is a logical consequence of the efforts of the Islamic ummah to always place al-Qur'an and al-Sunnah as limited texts. One of the most fundamental results of Indonesian social culture is the realization of the Unitary State of the Republic of Indonesia. Making the formulation of zakat in the frame of the Unitary State Republic of Indonesia is a clear proof that Islamic law contains universal values that are valid in any time and any place. Third, the methodological formulation of zakat in the frame of Unitary State of the Republic of Indonesia is in a dynamic and accommodating ijtihad towards change. This methodological framework is based on al-Mashlahah, ‘Urf, Sad Dzaria'ah and dialectics between Gama and the State.

scholarly journals Pengaturan Memperoleh Kembali Status Warga Negara Indonesia Bagi ISIS Eks WNI Ditinjau Dari Peraturan Pemerintah Nomor 2 Tahun 2007 dan Konsep Maslahah Mursalah

2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari
Keyword(s):  
Islamic Law ◽  
Citizenship Status ◽  
Material Data ◽  
Unitary State ◽  
Article 9 ◽  
The People ◽  
The Status ◽  
The Republic ◽  
Main Material

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.

scholarly journals EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

Ulumuddin ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 116
Author(s):  
Rendra Widyakso
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Public Order ◽  
Scholarly Journals ◽  
Financial Responsibility ◽  
The Public ◽  
Legal Studies ◽  
Preliminary Study ◽  
The Law

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

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

scholarly journals Painting and sculpture by Bato Dashitsyrenov: the unity of national and general cultural images

2019 ◽  
Author(s):  
Т.А. Бороноева
Keyword(s):  
Central Asia ◽  
National Culture ◽  
Contemporary Art ◽  
Art Museum ◽  
Human Soul ◽  
Cultural Meanings ◽  
Cultural Images ◽  
The Usa ◽  
Expression Characteristic ◽  
The Republic

Статья посвящена творчеству современного бурятского живописца, скульптора, сценографа Бато Дашицыренова, выставка работ которого состоялась в 2019 году в Художественном музее им. Ц. Сампилова (Улан-Удэ). Произведения художника были представлены на многочисленных выставках России, Франции, США, Нидерландов. Автор ставит целью исследования определить соотношение национальных и общекультурных смыслов в творческом наследии Бато Дашицыренова. Для этого в живописи, графике и скульптуре мастера отмечены образы, мотивы, сюжеты, укорененные в национальной культуре, традициях, обычаях монгольских народов, древней культуре Центральной Азии. С другой стороны, определены элементы техники, средства художественной выразительности, характерные для европейского экспрессионизма и символизма или метаисторического экспрессионизма. Почерк мастера включает и опыт театрального художника, и приверженность музыкальной тематике, и интертекстуальность, и связь знака и архетипа, и своеобразие пластики, палитры, фигуративные особенности (например, акцент на голове персонажа, где, по представлениям бурят, сосредоточен источник души человека), и свободу переходов от живописи к пластическим образам. Результаты и выводы исследования значимы в контексте изучения современных художественных процессов Республики Бурятия, России и Центральной Азии. The article is about the work of a modern Buryat painter, sculptor, stage designer Bato Dashitsyrenov. The exhibition of his artworks took place in 2019 at The Buryatia Republican Art Museum named after Ts.S. Sampilov (Ulan-Ude). The artists works were previously presented at numerous exhibitions in Russia, France, the USA, and the Netherlands. The purpose of the study is to determine the correlation of national and general cultural meanings in the creative heritage of Bato Dashitsyrenov. For this, the author notes images, motives, plots rooted in the national culture, traditions, customs of the Mongolian peoples, the ancient culture of Central Asia in the painting, graphics and sculpture of the master. On the other hand, the author defines elements of technology, means of artistic expression, characteristic of European expressionism and symbolism or metahistorical expressionism. The masters manner includes the experience of a theater artist, commitment to musical themes and intertextuality, the connection of the sign and archetype, the originality of plastics, palettes, figurative features (for example, emphasis on the characters head, where, according to Buryat ideas, the source of the human soul is concentrated), and freedom of transition from painting to plastic images. The results and conclusions of the study are significant in the context of studying contemporary art processes in the Republic of Buryatia, Russia and Central Asia.

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