scholarly journals Manâfidu al-Muharramât ilâ Muntijâti al-Halâl: “Dirâsah Tahlîliyah fî Dhaw’i Ma’âyir Majma’ al-Fiqh al-Islâmî al-Dawlî wa al-Ma’âyir al-Mâlayziah”

2021 ◽  
Vol 16 (1) ◽  
pp. 230-250
Author(s):  
Ahmed Salem ◽  
Muhammad Taufiq
Keyword(s):  
Critical Points ◽  
Islamic Law ◽  
Standardization Method ◽  
Political Policy ◽  
Sharia Law ◽  
Difficult Condition ◽  
Product Standardization ◽  
Legal Relief ◽  
The Law ◽  
Changing Process

This paper examines the changing process of unlawful (haram) materials into a lawful (halal) product according to both International Islamic Fiqh Academy standard and Malaysian standard. To harmonize those two halal standards on certain products, the subdiscipline of fiqh which determines lawful product standardization has put some fundamental sharia laws to clearly distinguish between halal and haram. The changing process is based on so called istihalah, referring to the merge among halal and haram and istihlak or possibility to take rukhshah (legal relief) and easiness to cope with any difficult condition using darurat (emergency causes) and umum al-balwa (common disaster). However, critical points of the standardization method need to well described, mainly on its composition based on shariah rules of halal product. The discussion covers difference opinions on the sharia law to the weak political policy on the Islamic law arrangement for halal product standardization that it is recommended to consider clear and more careful concepts (instead of istihalah, istihlak, darurat and umum al-balwa) in formulating the law.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

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

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.

scholarly journals Various Methods of Establishing Contemporary Islamic law

2020 ◽  
Vol 10 (1) ◽  
pp. 39-58
Author(s):  
Firdaus Firdaus ◽  
Ahmad Juneidi ◽  
Lola Astari ◽  
Firda Mustika Sari
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
Library Research ◽  
The Law

The first source of Islamic law is al-Qur'an, after the new Al-Qur'an, the Hadith of the Prophet SAW. When searching for a law that not contained in the Al-Qur’an and al-Hadith, way to do is using ijtihad (raʻyu). This ijtihad is the mobilization of all the abilities of a fuqaha 'to find sharia law,' and the person who discovered it was named Mujtahid. The scholars in using this ra'yu issued many methods as a tool to install the law, such as: ijma 'which is the ahlul ilmi agreement on the law of an event with the condition that the scientists gather at the same time Qiyas, istihsan, istishab, 'urf. The purpose of this paper is to explain contemporary ijtihad methods that can be used to perform istinbath law. The discussion discussed in this paper is about the various ways of establishing modern Islamic law. The methodology used in this paper is the type of library (library research), namely by referring to books relating to fiqh and ushul fiqh. From the author's analysis that the methods used to establish Islamic law in the contemporary period are no different from the methods used previously, namely sourced from the Qur'an, Hadith, and ijtihad of the scholars who have mujtahid criteria.  

scholarly journals Koreksi Hukum Islam Terhadap Hukum Jahiliah

2020 ◽  
Vol 1 (1) ◽  
pp. 1-15
Author(s):  
Mukran H. Usman ◽  
Akhmad Hanafi Dain Yunta
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Literature Study ◽  
Historical Approach ◽  
Normative Approach ◽  
Sharia Law ◽  
The Law

Islamic law came to bring justice and benefit. The law of jahiliah in some cases were corrected but not removed, so this also strengthened the understanding that the sharia Law of the previous people were originated from Allah who were improved, corrected, and adjusted. This study aimed to provide an explanation and knowledge concerning the law of jahiliah that were corrected by Islamic law without being removed. The research method used was the literature study with normative approach and was supported by a historical approach. The result shows that it is clear that Islamic justice did not necessarily eradicate some of the laws of jahiliah, such as: Polygamy, dowry, and the period of idah. On the contrary, Islam eliminates the technical that are unjust and still consider that law as part of Islamic law.

scholarly journals MONEY POLITIC DALAM PERSPEKTIF SADDU AL-ZARIAH

2020 ◽  
Vol 3 (4) ◽  
pp. 413
Author(s):  
Rahwan Rahwan
Keyword(s):  
Islamic Law ◽  
Legal Regulations ◽  
State Laws ◽  
Legal Decisions ◽  
Sharia Law ◽  
The World ◽  
The Law ◽  
Laws And Regulations

Money politics is a political disease that is increasingly prevalent today. Money politics is a part of the bribery offense. In general, the criminal act of bribery is considered a violation in the world of politics, thus requiring money politics to also be considered a violation. In absolute terms, state laws and regulations explicitly prohibit this action, but this practice is rampant nonetheless. In Sharia law there is often discussion about risywah which is in the form of the millennial period which is reflected in the money political mechanism. However, Jurisprudence scholars in general still disagree over the law of certainty risywah. The editor of the Prophet's Hadith said that Rasulullah Saw. cursing the perpetrator and the recipient of the bribe. However, various interpretations of the scholars have resulted in an imbalance between positive legal regulations and Islamic law. By combining two legal decisions through the study of Ushūl Fikih with Saddu ad-Dzāriah's approach. This study will discuss legal decisions regarding risywah from a different perspective and prove that there is no imbalance between the two.

scholarly journals Legitimasi Hukum Pemberlakuan Syari’at Islam di Aceh: Tinjauan Yuridis, Sosiologis dan Filosofis

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 59-78
Author(s):  
M Jafar
Keyword(s):  
Islamic Law ◽  
Philosophical Foundation ◽  
Way Of Life ◽  
The Past ◽  
Sharia Law ◽  
Aceh Province ◽  
Present Context ◽  
The Law ◽  
Historical Past ◽  
The Way

The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah) as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945) Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA). The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1250

scholarly journals Cultural Preservation And Religious Control On Regulating Of The Form And Use Of The Public Space

2019 ◽  
Vol 7 (7) ◽  
pp. 22
Author(s):  
Said Mahathir
Keyword(s):  
Public Space ◽  
Islamic Law ◽  
The Other ◽  
Capital City ◽  
Survey Study ◽  
The Public ◽  
Sharia Law ◽  
The Law ◽  
Muslim Communities ◽  
Banda Aceh

Abstract In the new era of globalization, people are much more aware of the uniqueness and specialty of theirown culture. Banda Aceh, a capital city of Aceh province in Indonesia, which has concerned about this issue in thelast twelve years in preserving their own culture through injecting Sharia law (Islamic law) into constitutional law,so called Qanun. Since Qanun regulates the governance and public life, many aspects either physically or nonphysicallyhas been influencedsince, includinghow to useand behave inthe public space.There are significant differences in controlling public space of Banda Aceh city among the other public spacecontrol in the other cities in Indonesia. Both soft and hard control mechanism are developed such as, 1) dresscode, illicit relationship, gambling, and drinking prohibition in the public space including the punishment areposted; 2) surveillance and policing by Sharia police; 3) public space facilities possibly to be designed to preventfrom unacceptable behavior within Muslim society; and 4) limited access and territory for some religious or cultural reasons. However, these unique public space control possibly have potential impacts on certain attributesin the public space, for instance, different controls have different impact on a certain group of people or differentkind of public space within the city.This paper will first discuss the history of public space development, the typology of existing public space,their functions and activities in Banda Aceh city. Secondly, how these space are regulated pre- and post – Sharialaw and how the law potentially affected the design and use of public space by different social group will beexplored. The methodologies of this research include document review, direct observations on public space and apilot survey study on people’s attitude toward the law. The results of this research hope to serve basic informationfor planners and designers on how to design, plan and regulated the public space for Muslim communities such asBanda Aceh city.Keywords: Sharia law, public space regulation, cultural – based design

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

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

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

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.

Hukum Perubahan Status Harta Benda Wakaf: Studi Kasus Perubahan Status Kepemilikan Tanah Wakaf di Desa Keniten Kecamatan Kedungbanteng Kabupaten Banyumas

2020 ◽  
Vol 14 (2) ◽  
pp. 239-250
Author(s):  
Sarmo Sarmo
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Field Research ◽  
The Law

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.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

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.

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