scholarly journals PENGARUH MAZHAB DALAM REGULASI WAKAF DI INDONESIA

JURISDICTIE ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 253
Author(s):  
Fakhruddin Fakhruddin
Keyword(s):  
Islamic Law ◽  
Quantitative Approach ◽  
Muslim Country ◽  
Government Regulations ◽  
Great Opportunity ◽  
Indonesian Government

<p>Wakaf merupakan salah satu institusi dalam Islam yang memperhatikan kesejahteraan umat. Sebagai negara yang mayoritas penduduknya Muslim, Indonesia mempunyai peluang  besar untuk meningkatkan kesejahteraan masyarakat dengan wakaf. Dengan peluang yang besar ini, pemerintah Indonesia membuat beberapa regulasi untuk mengatur wakaf dalam bentuk Undang-Undang, Peraturan Pemerintah, Kompilasi, Peraturan Menteri Agama, dan Peraturan Badan Wakaf Indonesia. Beberapa regulasi yang telah dibentuk tidak lepas dari pengaruh masyarakat Indonesia yang mayoritas bermadzhab Syafi’i, di samping madzhab Hanafi, Maliki, dan Hanbali. Tulisan ini mengkaji tentang pengaruh madzhab terhadap regulasi wakaf di Indonesia, khususnya Undang-Undang Nomor 41 tahun 2004 tentang Wakaf dan Kompilasi Hukum Islam. Dengan menggunakan pendekatan kuantitatif, dapat diambil kesimpulan bahwa madzhab Hanafi mempengaruhi Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf sebanyak 78%, madzhab Maliki dan Syafi’i memiliki pengaruh sebesar 100% dan madzhab Hanbali memiliki pengaruh sebanyak 85%. Lebih lanjut, pengaruh madzhab Hanafi terhadap Kompilasi Hukum Islam adalah sebanyak 85%, dan madzhab Maliki, Syafi’i, dan Hanbali masing-masing memiliki pengaruh sebesar 100%.   </p><p>Waqf is one of the institutions in Islam that considers the welfare of society. As a predominantly Muslim country, Indonesia has a great opportunity to improve the welfare of society through waqf. With this great opportunity, the Indonesian government made several regulations to manage waqf in the form of laws, government regulations, compilation, regulations of the Minister of Religion, and regulations of the Indonesian Waqf Board. Some of the regulations that have been formed are inseparable from the influence of the majority of Indonesian people as the followers of the Shafi'i’s school of thought, besides the thoughts of Hanafi, Maliki, and Hanbali. This paper examines the influence of school of thought (<em>madzhab</em>) on waqf regulation in Indonesia, specifically in Law Number 41 of 2004 on Endowment and Compilation of Islamic Law. Using a quantitative approach, it can be concluded that the Hanafi’s schools influence Law Number 41 of 2004 on Waqf as much as 78%, the Maliki’s and Shafi'i’s schools have an influence of 100% and the Hanbali schools have an influence of 85%. Furthermore, the influence of the Hanafi’s schools in Islamic Law Compilation was 85%, and each Maliki’s, Shafi'i’s, and Hanbali’s schools had an influence of 100%</p>

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

PERDAGANGAN ETHEREUM DI INDODAX EXCHANGE DALAM PERSFEKTIF SYARIAH

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhamad Khoirul Umam
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Islamic Law ◽  
Indonesian Government ◽  
Advantages And Disadvantages ◽  
Digital Asset ◽  
Research Questions ◽  
Financial Transactions

In view of Islamic law Ethereum as a digital asset that is traded in cyberspace.The value of cryptocurrency surges and fluctuates, it is influenced by buying and selling demand. Indodax exchange is an official digital asset site in Indonesia that trades more than 40 digital currencies.The purpose of this study is to analyze whether cryptocurrency is worthy of value as money having a certain value, and also seen from the Indonesian government through Bank Indonesia has issued regulation No. 16/8/PBI/2014, which explicitly prohibits the use of bitcoin, Ethereum and altcoin for use in financial transactions in cash. So that raises research questions how the cryptocurrency law in the form of coin ethereum in Islamic law. The results of this study explain ethereum has advantages and disadvantages. Among its advantages is that users can use exchanges or transactions without a third service (bank), and can be traded at merchandise stores.However, ethereum losses are more frequent, such as fluctuating values each time, not listed as commodities, not watched by the Financial Services Authority (OJK), they present elements of gharar (uncertainty) and maysir (gambling) or (betting), which are used for money laundering and purchase of illegal drugs.Keywords: Cryptocurrency, Ethereum, Digital asset

The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law

2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Zarul Arifin
Keyword(s):  
Islamic Law ◽  
Small Business Owners ◽  
Government Regulations ◽  
West Kalimantan ◽  
Official Price ◽  
The Poor ◽  
Rich People ◽  
The Rich ◽  
The Government ◽  
Initial Survey

This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

scholarly journals Representasi LGBT dalam Perspektif Ideologi Khilafah: Kajian Transitivitas dalam Buletin Kaffah

2019 ◽  
Vol 25 (2) ◽  
pp. 343-358
Author(s):  
Dede Fatinova ◽  
Yasir Mubarok ◽  
Ratna Juwitasari Emha
Keyword(s):  
Social Problem ◽  
Islamic Law ◽  
Social Issues ◽  
Descriptive Analysis ◽  
Controversial Issue ◽  
Theory Approach ◽  
Political Issues ◽  
Indonesian Government ◽  
Radical Ideology ◽  
New Form

Ideologi khilafah merupakan sebuah ideologi yang kerap kali diinterpretasikan sebagai ideologi yang cukup radikal. Umumnya ideologi khilafah menyoroti isu-isu politik yang bertentangan dengan syariat Islam. Namun, kali ini ideologi khilafah juga menyoroti isu sosial, yaitu LGBT. LGBT merupakan isu yang kontroversial secara global. Sementara ideologi khilafah merupakan sebuah paham yang konsepnya bertentangan dengan negara Indonesia.  Penyebaran ideologi khilafah sudah dilarang oleh pemerintah Indonesia. Namun eksistensinya masih hadir dalam rupa yang baru, yaitu pada sebuah buletin bernama KAFFAH. Kajian ini akan mengungkapkan bagaimana LGBT direpresentasikan dalam perspektif ideologi khilafah. Data dalam penelitian ini berasal dari artikel tentang LGBT pada media Kaffah, edisi 025 yang dirilis pada 26 Januari 2018. Selanjutnya data dikaji secara kualitatif dengan metode analisis deskriptif. Penelitian ini menggunakan pendekatan teori Transitivitas sebagai teori yang menyatakan bahwa bahasa merupakan representasi dari pengalaman manusia. Transitivitas ini berfokus pada tiga komponen, yaitu proses, partisipan, dan sirkumtan. Berdasarkan uraian Transitivitas, diketahui bahwa dalam perspektif ideologi khilafah, LGBT bukan hanya direpresentasikan sebagai masalah sosial, tapi juga sebagai implikasi dari tidak adanya Undang-undang yang bersumber dari hukum Islam yang secara eksplisit dapat menjerat LGBT. The khilafah ideology is an ideology that is often interpreted as a fairly radical ideology. Generally, the ideology of the khilafah highlights political issues that are contrary to Islamic law. However, the Khilafah ideology also highlights social issues, namely LGBT. LGBT is a controversial issue globally. While the khilafah ideology is a concept that is contrary to the Indonesian state. The Indonesian government has banned the spread of the khilafah ideology. But its existence is still present in a new form such as a bulletin called KAFFAH. This study aims to describe how LGBT is represented in the perspective of khilafah. The data of this study is a KAFFAH bulletin article, 025 editions, which released on January 26, 2018. Furthermore, the data were analyzed qualitatively by descriptive analysis methods. This study uses the Transitivity theory approach as a theory which states that language is a representation of human experience. The Transitivity focuses on three components; process, participants, and circumstance. Based on the description of Transitivity, LGBT is not only represented as a social problem but also as an implication of the absence of laws that originate from Islamic law which can explicitly ensnare LGBT.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals Religious Community Responses to the Public Policy of the Indonesian Government Related to the covid-19 Pandemic

2020 ◽  
Vol 8 (2-3) ◽  
pp. 273-283
Author(s):  
Amos Sukamto ◽  
S. Panca Parulian
Keyword(s):  
Catholic Church ◽  
Government Regulation ◽  
Religious Community ◽  
Religious Activities ◽  
Government Regulations ◽  
Holy Communion ◽  
The Public ◽  
Indonesian Government ◽  
Large Numbers ◽  
Pentecostal Churches

Abstract The purpose of this article is to analyze religious responses to the policy of Indonesian government in dealing with the covid-19 pandemic. Article 4 of Government Regulation (PP) No. 21/2020 mentions restrictions on religious activities. The response of the religious community to this government policy was varied. The Council of Indonesian Ulama, Majelis Ulama Indonesia (mui), issued several fatwas containing a ban on worship involving large numbers of people. A small group of fanatic Muslims initially opposed the policy, but eventually followed it. Among Protestants, the mainstream and Pentecostal churches under the Communion of Churches in Indonesia (pgi) are highly coordinated with government regulations. Some Pentecostal churches attempted to continue holding worship together for reasons of holy communion, but eventually they followed government regulations. The Catholic church followed government regulations consistently.

scholarly journals The Institutional Foundations of Religious Politics: Evidence from Indonesia*

2019 ◽  
Vol 135 (2) ◽  
pp. 845-911
Author(s):  
Samuel Bazzi ◽  
Gabriel Koehler-Derrick ◽  
Benjamin Marx
Keyword(s):  
Islamic Law ◽  
The State ◽  
Local Economy ◽  
Muslim Country ◽  
Religious Schools ◽  
Critical Juncture ◽  
Religious Influence ◽  
Electoral Support ◽  
Lower Productivity ◽  
Institutional Foundations

Abstract This article explores the foundations of religious influence in politics and society. We show that an important Islamic institution fostered the entrenchment of Islamism at a critical juncture in Indonesia, the world’s largest Muslim country. In the early 1960s, rural elites transferred large amounts of land into waqf—inalienable charitable trusts in Islamic law—to avoid expropriation by the state. Regions facing a greater threat of expropriation exhibit more prevalent waqf land and Islamic institutions endowed as such, including mosques and religious schools. These endowments provided conservative forces with the capital needed to promote Islamist ideology and mobilize against the secular state. We identify lasting effects of the transfers on the size of the religious sector, electoral support for Islamist parties, and the adoption of local sharia laws. These effects are shaped by greater demand for religion in government but not by greater piety among the electorate. Waqf assets also impose costs on the local economy, particularly in agriculture, where these endowments are associated with lower productivity. Overall, our findings shed new light on the origins and consequences of Islamism.

scholarly journals “Under The Hand” Divorce Islamic Law Study of the Implementation of Divorce

2016 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Oom Mukarromah ◽  
Entus Syamsurrizal
Keyword(s):  
Death Certificate ◽  
Islamic Law ◽  
Trial Court ◽  
Government Regulations ◽  
Divorce Law ◽  
Marriage And Divorce ◽  
Positive Law ◽  
Social Fact ◽  
The People ◽  
The One

Islamic Law regulates marriage and divorce sufficiently; Islamic jurists argue that if someone sentences the word talak and its kind to his wife then the talak is considered as valid. Meanwhile, positive law states that “Talak is a declaration of a husband performed in front of court session in Religious Court which becomes one of the reasons of divorce”. The fact shows that the people of Carenang, Serang, tend to refer on the Islamic law of divorce, not the one declared before the trial court. This matter engenders the illegal aspect of law, such as issuing a false death certificate to the former spouse. In order to elucidate the problem, the author proposes two main questions: (1) How is the concept of “under the hand” divorce based on fiqih and positive law?; (2) How is the Islamic Law review on the Article 39 Point 1 Law No. 1 of 1974 about Marriage and Article 34 of Government Regulations No. 9 of 1975? This study is conducted in normative jurisdiction and sociological jurisdiction which is comparatively descriptive analytic. This study is also conducted through mashlahah mursalah approach and Bentham utility principle. The results of the study show that; first, “under the hand” divorce performed by Carenang’s people is considered valid through the eye of Islamic Law, while it is invalid based on Positive Law due to the absence of the pledge before the trial court. Second, the behavior of “under the hand” divorce in Carenang has become a social fact and is included in Al-Maslahah al-Daruriyah category. The enactment of divorce law regulated by Article 39 Point 1 Law No. 1 of 1974 about Marriage and Article 34 of Government Regulations No. 9 of 1975 is covered in the Al-Maslahah al-Hajiyah category.

scholarly journals Islamic Legal Modernism and Women's Emancipation in Tunisia

MAZAHIB ◽  
2021 ◽  
Vol 19 (2) ◽  
Author(s):  
Zulfikar Ismail ◽  
Maisyarah Rahmi Hasan
Keyword(s):  
Islamic Law ◽  
Muslim Country ◽  
State Law ◽  
Equal Rights ◽  
African Countries ◽  
Long Time ◽  
Government Bureaucracy ◽  
High Government ◽  
Women's Emancipation ◽  
North African Countries

The article aims to analyze the role of modern interpretations of Sharia on women's emancipation in Tunisia. Even though Tunisia is a Muslim country influenced by the Maliki school of thought, its social, cultural, and political conditions are conducive to women's emancipation efforts. This condition was created partly by the government's efforts to adopt Sharia's modern interpretation in Tunisia. Efforts to modernize Islamic law through state law have been going on for a long time and are consistent. Islamic legal modernism is evidenced by the Constitution, which guarantees women's equal rights, manifested in state law and policies. A case in point is family law in Tunisia that prohibits the practice of polygyny, gives equal share of the inheritance, and punishes perpetrators of domestic and sexual violence against women. Modern interpretations of Sharia have resulted in Islamic law that is more gender-friendly and maximizes women's potential in Tunisia's public sector. As a result, women's political participation in Tunisia is very high: they occupy many Parliament seats and high government bureaucracy positions. The condition of equality of women in Tunisia is far different from that of its compatriots in the middle east and north African countries, which are still influenced by conservative Islamic law interpretations.Keywords: Islamic legal modernism, women's Emancipation, polygyny prohibition, sexual harassment

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