scholarly journals Tipologi intelektual Muslim dalam bidang kajian fikih: studi terhadap karya-karya fikih dosen STAIN Bengkulu

2012 ◽  
Vol 12 (2) ◽  
pp. 237
Author(s):  
Sirajuddin M
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
The People ◽  
Scientific Approach ◽  
Muslim Intellectuals

This study aims to examine the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu in the field of Islamic law (fiqh) and the scientific position of lecturer’s works of STAIN Bengkulu as Muslim intellectuals. This article is using two approaches, namely the conceptual approach and historical approaches, whereas measures of research was conducted by reviewing documentation as primer data and interviewing as sekunder data. The results showed that the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu was consists of three kinds: First, the normative trend of scientific approach and theme in Islamic law. This trend was categorized as “exclusive Muslim intellectualism”. Second, this trend began to expand the discourse of study on fikih, but it was not to integrate with Western scientific approach. This trend was categorized as “inclusive Muslim intellectualism”. Third, this study was more empirical and historical-sociological approach and theme in Islamic law (fikih) so that the discourse was more be able to answer the situation and condition of the people. This trend was categorized as “pluralist Muslim intellectualism”.

scholarly journals Reformasi zakat pertanian (Studi di dusun Jeblok desa Brudu kecamatan Sumobito kabupaten Jombang)

2019 ◽  
Vol 19 (2) ◽  
pp. 185-203
Author(s):  
Ilham Thohari ◽  
Moh. Makmun
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Rice Fields ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Interesting Phenomenon ◽  
Application Of Law ◽  
Agriculture Land ◽  
The People ◽  
The Cost

This research was motivated by the reveal of the phenomenon in Jeblok, Brudu Village, Sumobito District, Jombang Regency. In this village, the people object to the level of agricultural zakah that has to pay regarding the high costs of cultivating rice fields. It is interesting phenomenon whereas this village has a wide agriculture land for about 47, 48 acres. This was field research by using descriptive-analytic methods. This type of research was qualitative by applying a comparative approach between the case approach and the conceptual approach and the Maqashid Shari'ah approach. The results showed that the potential of agricultural zakat in Jeblok, Brudu Village, Sumobito District, Jombang Regency is very large. However, farmers argue about levels of agricultural zakah that must be paid. They feel that 5% and 10% are too burdensome because of the high cost of processing rice fields. Therefore, the people demand equal tariff between agriculture zakah level and trade zakah because both require capital to manage. In this case Islamic law is sociological-anthropocentric which is very concerned with aspects of the application of law within the scope of society. In general, the nature of Islamic law is elastic and not rigid, so that tariffs or levels of agricultural zakat which are very expensive (5% or 10%) can be changed to be more affordable for the community. Therefore, through the maqashid shari'ah approach, the level of agriculture zakah can be set into 2.5% following the level of zakah trade after deducting the cost of cultivating rice fields.

scholarly journals ANALISIS PEMIKIRAN MUSDAH MULIA TENTANG WALI NIKAH DAN RELEVANSINYA TERHADAP PEMBARUAN HUKUM KELUARGA DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 52
Author(s):  
Siti Hafshah Syahanti ◽  
Arsal Arsal ◽  
Edi Rosman
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Social Benefit ◽  
Legal Regulation ◽  
Substantial Portion ◽  
The People ◽  
Islamic Thought ◽  
Muslim Intellectuals ◽  
The Law ◽  
Legal Condition

<p><em>The discussion of marriage guardian is one of the pillars that must exist in a marriage, illegitimate marriage without the presence of a guardian. The Compilation of Islamic Law (KHI) as the law governing Muslim marriages in Indonesia requires guardians as a legal condition of marriage (articles 14 and 19). However, on the other hand, one of the Muslim intellectuals, Siti Musdah Mulia, stated an opposing idea, that guardians are not included in the pillars of marriage. The results showed that the Musdah Mulia thinking generally led to the typology of liberal Islamic thought. Specifically on the issue of the absence of guardians in marriage, Musdah's opinions are not too contrary to the text; Musdah's attention to gender places a substantial portion in establishing the law; and the Musdah idea is not only channeled in the form of thought alone but also poured into the form of a legal regulation draft (CLD-KHI) so that the law applies comprehensively and can be applied clearly and can achieve justice and social benefit in the midst of the people. Then based on this, a specific typology of Musdah Mulia's thought was obtained about the absence of guardians in the marriage harmony leading to progressive Islamic thought. And Musdah Mulia's ideas about the lack of marriage guardians have sufficient relevance to the renewal of Islamic family law in Indonesia.</em></p>

scholarly journals Interpretation of The Phrase “Coercion” in The Compilation of Islamic Law as Reasons for Cancellation of Marriage

2021 ◽  
Vol 15 (2) ◽  
pp. 271-288
Author(s):  
Neng Widya Millyuner ◽  
Adi Nur Rohman ◽  
Elfirda Ade Putri
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Third Party ◽  
Legal Research ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
Legal Implications ◽  
Legal Consequence ◽  
Religious Courts

Marriage is a common thing in society with ubudiyyah elements in it. However, legal issues often accompany the sanctity of the marriage bond itself, such as the cancellation of a marriage due to an element of coercion from a third party. Article 71 Compilation of Islamic Law (KHI) states that one of the reasons for being able to apply for a marriage cancellation is because of coercion when the marriage took place. The purpose of this study is to analyze the meaning of the phrase "coercion" as a reason for annulment of marriage and its accompanying legal implications. This type of research is classified as normative-empirical legal research using a statutory approach and a conceptual approach plus a sociological approach as a tool. This research refers to a variety of primary, secondary and tertiary legal materials compiled and traced through literature studies and interviews with judges of the Religious Courts. The legal materials that have been collected are then analyzed descriptively and analytically. The results showed that what is meant by coercion in marriage is a marriage that occurs not because of one's own will or feels that he is under threat. As a form of legal consequence, annulment of a marriage by force is different from divorce, where the marriage bond that occurred before the breakup of the marriage is considered never to have occurred.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

THE POWER OF LANGUAGE AND THE LANGUAGE OF POWER

2020 ◽  
pp. 96-105
Author(s):  
Lyudmila A. Khalilova ◽  
Keyword(s):  
Foreign Language ◽  
Language Instruction ◽  
Educational Process ◽  
Foreign Language Instruction ◽  
Conceptual Approach ◽  
Analytical Skills ◽  
The People ◽  
Innovative Environment ◽  
A Chain ◽  
And Behavior

A language cannot be a simple template of human activity; a language is the history and culture of the people, their long and thorny road to civilization. The informative nature of a discourse will be insignificant if we only take into consideration the visible data of the text. The single viable way to carry out research on the mentality and behavior of the representatives of different cultures is to dig into the implication and the conceptual framework of the discourse. The author’s idea might be interpreted according to the background knowledge of the reader. Such an approach turns the text into a conglomerate of sense messages that reveal the power of the language and its inextricable link to the history, culture and civilization of the nation whose language the students learn. This notional “intervention” is akin to a chain reaction and the language develops into a means of power over a human being. The conceptual approach to a foreign language material helps improve students’ cognitive and analytical skills, turns the educational process into a particular type of an innovative environment, leads to motivation increase in a foreign language instruction.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

scholarly journals JURIDICIAL REVIEW ON THE IMPLEMENTATION OF INVESTIGATIONS BY CIVIL SERVANTS INVESTIGATIONS IN IMMIGRATION CIVIL SERVANTS IMMIGRATION OFFICE SPECIAL SOEKARNO-HATTA

2019 ◽  
Vol 2 (1) ◽  
pp. 13-22
Author(s):  
Badai Yogaswara W. S. M ◽  
Muhammad Azzam Alfarizi ◽  
M. Judo Ramadhan Sumantri
Keyword(s):  
Human Rights ◽  
Human Resources ◽  
Development Strategies ◽  
Civil Servants ◽  
Human Smuggling ◽  
Kuala Lumpur ◽  
Competency Development ◽  
Conceptual Approach ◽  
The People

Departing from the increasingly widespread problem of People Smuggling, both in the form of organized and unorganized crime networks, both inter-state and domestic as a whole is a threat to the norms of life based on human rights. In this case the role of the immigration officer as the gatekeeper in the country's traffic in the case of people entering / leaving Indonesian territory, as in 2015, the People Smuggling case was successfully revealed by the Immigration Officer within the Soekarno-Hatta Airport Airport I, where immigration officers found three people women wearing fake passports who were about to leave for Kuala Lumpur with perpetrators Laila Yunita and Jamal Al Khatib. This writing aims to analyze the causes and effects of human smuggling, as well as examine the serious efforts made by PPNS in eradicating People Smuggling, especially in the case of People Smuggling committed by Laila Yunita and Jamal Al Khatib. The research uses a statutory approach, a conceptual approach and a case approach. So that with the case, it will be understood how important the value of legal human resources is in the scope of immigration in the context of national law development, as a breakthrough in competency development strategies  

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah
Keyword(s):  
Role Model ◽  
Islamic Law ◽  
Human Life ◽  
Self Esteem ◽  
Substantial Effect ◽  
Public Confidence ◽  
The People ◽  
The Right ◽  
Material Values ◽  
Islamic Society

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

Sign in / Sign up

Export Citation Format

Share Document