scholarly journals Efektifitas Sertifikasi Tanah Wakaf di Indonesia: Analisis Komparatif Fikih dan Hukum Positif

2021 ◽  
Vol 2 (2) ◽  
pp. 136-152
Author(s):  
Pranadiana Marginingrum ◽  
Affan Riadi
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
The Other ◽  
Land Law ◽  
Literature Study ◽  
Other Hand ◽  
Statutory Law ◽  
The Status

This research is a literature study that is supported by the evidence of field research on the status of uncertified waqf land. The consensus on the legal status of the waqf land according to both fiqh and adat in the community is still being contested. Some say that the donated land does not need to be certified because it deals with issues of worshiping God, while others say that the donated land must be certified. This phenomenon has brought society into a dilemma, eventually leading to stagnation. Therefore, this study seeks to answer two questions, namely; 1) what is the legal status of the waqf land that does not have a certificate? 2) How is the legal protection for the waqf land that does not have a certificate? This research is a normative juridical research which aims to study the principles and principles that exist in the science of law. The information used consists of primary, secondary and tertiary legal materials. The results of this research are to show that the status of waqf land that does not have a certificate is legal in Islamic law and the person who donates will also get reward as long as it fulfills the principles and provisions set out in sharia. On the other hand, in the statutory law, the status of waqf land which does not have a certificate does not have the power in the waqf land law that Nazhir recommends to certify the donated land.

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

scholarly journals RIWAYAT-RIWAYAT ISRAILIYYAT DALAM TAFSĪR AL QUR’AN; ASAL-USUL DAN HUKUMNYA

2020 ◽  
Vol 14 (2) ◽  
pp. 221-238
Author(s):  
Muhammad Yasin Akhmad ◽  
Dr Suhandi M. Ag
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Literature Study ◽  
Other Hand ◽  
Library Research ◽  
History Of ◽  
The Law ◽  
Qualitative Literature

AbstractThis research discusses the history of isra'iliyyat in the tafsir book and what is the law of narrating isra'iliyyat. While in the isra'iliyyat narration there is difference whether it is permissible or not and how the isra'iliyyat narration is contained in the tafsir books. The method used in this research is qualitative literature study (Library Research). The results show that the history of Isra'iliyyat is in accordance with Islamic syari'at, then the truth of Israiliyyat can be recognized and allowed to narrate it. Otherwise if it is contrary to Islamic law, it considered unthrue and may not be narrated, but this is allowed if the position has been explained in the interpretation. On the other hand, if there is no information in the Islamic Sharia regarding the content of israiliyyat, then the step that must be chosen is tawaquf, which is not punishing whether it is true or not.   AbstrakPenelitian ini membahas tentang riwayat isra’iliyyat dalam kitab tafsir serta bagaimana hukum meriwayatkan isra’iliyyat. Dimana dalam periwayatan isra’iliyyat terdapat perbedaan apakah boleh atau tidak serta bagaimana periwayatan isra’iliyyat yang terdapat dalam kitab-kitab tafsir. Metode yang digunakan dalam penelitian ini adalah penelitian kualitatif studi pustaka (Library Researh). Adapun hasil penelitian menunjukan bahwa riwayat Isra’iliyyat tersebut sesuai dengan syari’at Islam, maka dapat diakui kebenarannya dan diizinkan untuk meriwayatkannya, sedangkan jika bertentangan dengan syari’at Islam maka didustakan dan tidak boleh diriwayatkan, namun diperbolehkan jika dijelaskan kedudukannya. Adapun jika belum ada keterangan sesuai atau tidaknya dengan Syari’at Islam maka tawaquf di dalamnya, yaitu tidak menghukumi benar atau tidaknya.Kata Kunci: Riwayat Israiliyyat, Tafsir al-Qur’an, Asal usul dan Hukumnya.

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

Practical Necessity and Moral Heroism

2017 ◽  
Author(s):  
Kyle Fruh
Keyword(s):  
The Other ◽  
Moral Exemplars ◽  
Other Hand ◽  
Practical Necessity ◽  
The Status ◽  
Illuminating Light

Discussions of closely associated notions of practical necessity, volitional necessity, and moral incapacity have profited from a focus on cases of agential crisis to further our understanding of how features of an agent’s character might bind her. This paper turns to agents in crises in order to connect this way of being bound to the phenomenon of moral heroism. The connection is fruitful in both directions. Importing practical necessity into examinations of moral heroism can explain the special sense of bindingness moral heroes frequently express while preserving the status of heroic acts as supererogatory. It also helps explain how heroes persevere and act as so few others do. On the other hand, the context of moral heroism allows a fuller development of some features of the concept of practical necessity, shedding more illuminating light on the roots of practical necessity in character through recent findings in the psychology of moral exemplars.

The Christian Church in the Last Seventy Years

1943 ◽  
Vol 12 (1) ◽  
pp. 28-34
Author(s):  
Kenneth Scott Latourette
Keyword(s):  
Large Volume ◽  
The Other ◽  
Recent History ◽  
Christian Church ◽  
The Past ◽  
Other Hand ◽  
The Status ◽  
The One ◽  
The Church

A strange contrast exists in the status of the Christian Church in the past seventy years. On the one hand the Church has clearly lost some of the ground which once appeared to be safely within its possession. On the other hand it has become more widely spread geographically and, when all mankind is taken into consideration, more influential in shaping human affairs than ever before in its history. In a paper as brief as this must of necessity be, space can be had only for the sketching of the broad outlines of this paradox and for suggesting a reason for it. If details were to be given, a large volume would be required. Perhaps, however, we can hope to do enough to point out one of the most provocative and important set of movements in recent history.

Eternal Guests, Mimics, and Dönme: The Place of German and Turkish Jews in Modern Turkey

2007 ◽  
Vol 37 ◽  
pp. 5-30 ◽  
Author(s):  
Kader Konuk
Keyword(s):  
Critical Role ◽  
The Other ◽  
Turkish Republic ◽  
German Jews ◽  
Other Hand ◽  
Turkish Culture ◽  
The Status ◽  
Modern Turkey ◽  
The One ◽  
European Civilization

AbstractThe place of Jews was highly ambiguous in the newly founded Turkish Republic: In 1928 an assimilationist campaign was launched against Turkish Jews, while only a few years later, in 1933, German scholars—many of them Jewish—were taken in so as to help Europeanize the nation. Turkish authorities regarded the emigrants as representatives of European civilization and appointed scholars like Erich Auerbach to prestigious academic positions that were vital for redefining the humanities in Turkey. This article explores the country's twofold assimilationist policies. On the one hand, Turkey required of its citizens—regardless of ethnic or religious origins—that they conform to a unified Turkish culture; on the other hand, an equally assimilationist modernization project was designed to achieve cultural recognition from the heart of Europe. By linking historical and contemporary discourses, this article shows how tropes of Jewishness have played—and continue to play—a critical role in the conception of Turkish nationhood. The status of Erich Auerbach, Chair of the Faculty for Western Languages and Literatures at İstanbul University from 1936 to 1947, is central to this investigation into the place of Turkish and German Jews in modern Turkey.

Varia: Attribution, predication, apposition – Part second

Proglas ◽  
2020 ◽  
Vol 29 (2) ◽  
Author(s):  
Anton Getsov ◽  
◽  
◽  
Keyword(s):  
Critical Review ◽  
Complex Interaction ◽  
The Other ◽  
Main Argument ◽  
Other Hand ◽  
Grammatical Relation ◽  
The Status ◽  
Syntactic Status ◽  
The One ◽  
Syntactic Relations

The paper is part of a series of publications that set out to examine various aspects in the analysis of appositive constructions. The purpose of this particular study is to reveal the multidimensional, diverse, and complex interaction between three types of syntactic relations – attributive, predicative, and appositive. The study offers a critical review of various theories on the status of the grammatical relation between the components of non-detached (close) appositive constructions. The main argument of this paper is that determining this status, on the one hand, is a function of the morphological and semantic characteristics of the components of the construction, while, on the other hand, it determines their syntactic status.

scholarly journals DET ZOOFILE ÅRHUNDREDE

1996 ◽  
Author(s):  
Anne Knudsen
Keyword(s):  
20Th Century ◽  
Moral Status ◽  
Logical Consequence ◽  
The Other ◽  
Other Hand ◽  
The Status ◽  
The One ◽  
Point Of Departure

Anne Knudsen: The Century of Zoophilia Taking as her point of departure the protests against a dying child having his last wish fulfilled because his wish was to kill a bear, the author argues that animals have achieved a higher moral status than that of humans during the 20th century. The status of animals (and of “nature”) is seen as a consequence of their muteness which on the one hånd makes it impossible for animals to lie, and which on the other hånd allows humans to imagine what animals would say, if they spoke. The development toward zoophilia is explained as a a logical consequence of the cultural naturalisation of humans, and the author draws the conclusion that we may end up entirely without animals as a category. This hypothetical situation will lead to juridical as well as philosophical complications.

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