scholarly journals THE APPLICATION OF QURANIC INTERPRETATION, THE SUNNA AND IJTIHAD AS THE SOURCE OF ISLAMIC LAW

Rechtidee ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 193-206
Author(s):  
Prawitra Thalib ◽  
Faizal Kurniawan ◽  
Mohamad Nur Kholiq
Keyword(s):  
Islamic Law ◽  
Dynamic Properties ◽  
Basic Principles ◽  
Meeting Point ◽  
The People ◽  
Dynamic Source ◽  
The Will ◽  
The Times

The understanding of Islamic law can not be separated from the interpretation sourced from the Quran, Sunnah and Ijtihad, which later evolved into a flexible and dynamic source of Islamic law following the demands of the times. Although it has flexible and dynamic properties but the interpretation must still maintain the basic principles that remain will never change. This is very important because misunderstand the intent expressed in the Quran and Sunnah will affect the error of understanding the Islamic law itself, therefore it is important to realize that the effort of understanding is not separated from The true interpretation of the will of Allah and the Prophet Muhammad that is contained in the Quran and Sunnah. This paper seeks to introduce the foundation of the pursuits that come from the Quran, Sunnah and Ijtihad, which is done using the method of normative assessment of various references discussing the source of Islamic law. Therefore, it is expected to find the meeting point between the understanding of the Qur'an, Sunnah and Ijtihad with the effort to interpret the source of Islamic law aimed at realizing the benefit of the people.

scholarly journals Sosialisasi Dan Penyuluhan Hukum Tentang Hibah, Wasiat, Wakaf, Dan Waris Di Wilayah Kecamatan Cinere Kota Depok

2020 ◽  
Vol 3 (1) ◽  
pp. 1-10
Author(s):  
Ahmad Baihaki ◽  
Yulianto Syahyu ◽  
Adi Nur Rohman ◽  
Harinanto Sugiono
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Scientific Journals ◽  
The Past ◽  
Legal Problems ◽  
The People ◽  
The Will ◽  
Additional Reference ◽  
The University ◽  
Case Data

Grants, wills, endowments, and inheritance are legal instruments that are often used by someone to transfer their assets or wealth to others. But in practice, these four things become legal issues in society, especially for Muslim residents. Legal settlement of. This case was settled by the Religious Court. Based on case data that entered the Depok City Religious Court for the past five years until 2019, there were 24 grant cases approved, 20 wills, 8 endorsed cases, and 48 s allocation for inheritance. Some of the things behind this case and the most crucial is due to the ignorance of the community against the provisions of Indonesian law regarding grants, wills, endowments, and inheritance. On that basis, a Lecturer in the Faculty of Law of the University of Bhayangkara, Greater Jakarta, conducted socialization and legal counseling on grants, wills, endowments, and inheritance on Compilation of Islamic Law for the people in the Cinere District area. The will, endowments, and inheritance in the Compilation of Islamic Law is still very minimal. After the socialization and discussion of the law, the community's knowledge and awareness will require the implementation and legalization of grants, wills, endowments, and inheritance to improve legal problems up to the increasingly increasing religious court. The output resulting from this activity is planned to be made a waqf pocketbook as an additional reference about the legal grants, wills, endowments, and inheritance according to the Compilation of Islamic Law. Besides, the results of the activities are published in the form of implementation reports and published in scientific journals to provide comprehensive and academic-wide benefits and practical levels.

scholarly journals SPIRIT KEILMUAN WAHYU MEMANDU ILMU DALAM PENGEMBANGAN HUKUM ISLAM

2021 ◽  
Vol 14 (2) ◽  
pp. 243-256
Author(s):  
Deden Najmudin
Keyword(s):  
Everyday Life ◽  
Social Life ◽  
Qualitative Data ◽  
Islamic Law ◽  
Religious Life ◽  
Comparative Methods ◽  
New Paradigm ◽  
The People ◽  
The Times ◽  
Advanced Development

In the development of Islamic law that covers all aspects of people's lives, both in the hereafter problem with all its problems, as well as world problems with all these problems require a new paradigm of scientific mindset. The more advanced development of science and technology also influences the progress of social life, culture, politics, economics and others. So the authors take up this theme using descriptive and comparative methods, and the type of data used in this study is qualitative data. Islamic law requires a new paradigm of mindset and renewal of the views of a problem, especially in everyday life or we can call it contemporary fiqh. The paradigm of the new paradigm becomes more severe, due to contemporary problems, even more complicated when seen from the perspective of fiqh. However, the tradition of the fuqaha used to guide the dynamics of life in his day, so that in this day and age we can imitate the ulama fuqaha by at least contributing to the development of science and understanding, with various kinds of problems in society in accordance with the times, so that the problems of religious life the people are always guided. This paper will raise the opportunity given by Islamic law itself to its people to always criticize it, which allows the emergence of new paradigms along with the emergence of new problems in society.

scholarly journals SEJARAH SOSIAL HUKUM ISLAM DI ASIA TENGGARA; STUDI PEMBERLAKUAN DAN PENGKODIFIKASIAN HUKUM ISLAM DI MALAYSIA

Asy-Syari ah ◽  
2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Ahmad Fathoni
Keyword(s):  
Sustainable Development ◽  
Legal System ◽  
Islamic Law ◽  
Asian Countries ◽  
Political Situation ◽  
Cultural Phenomenon ◽  
The People ◽  
The Social ◽  
The Will ◽  
Southeast Asian Countries

In Southeast Asian countries today, Islamic law issues besides worship and ahwal al-syakh­siyyah field (Family) are a cultural phenomenon of the people which the background can be seen from various aspects. Islamic law in Malaysia has expe­rienced a dynamic and sustainable development, both through the channel of political infrastructure and superstructure. In addition, the dynamics of development is motivated by the realities, demands and support, as well as the will for transformation efforts of Islamic law into the legal system of Malaysia. This paper will attempt to explore the social and political situation of the applicability of Islamic law in Malaysia

scholarly journals Darurat Moderasi Beragama Di Tengah Pandemi Corona Virus Desease 2019 (Covid-19)

2020 ◽  
Vol 13 (1) ◽  
pp. 1-13
Author(s):  
Abdul Syatar Abdul Syatar ◽  
Muhammad Majdy Amiruddin ◽  
Arif Rahman ◽  
Islamul Haq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Personal Safety ◽  
Other Hand ◽  
Corona Virus ◽  
The People ◽  
The Social ◽  
The Will ◽  
A Priority

Abstract The purpose of this article is to elaborate on the essence of maintaining religious moderation amid the covid pandemic 19. The social-religious approach was conducted by observing the facts that occur in society. The result indicates that moderate priorities in religion during the covid pandemic 19 became a necessity. Consequently, maintaining personal safety and the wider community should become a priority due to the absence of alternative rather than forcing the will to carry out worship in the mosque or in certain places. Islamic law provides rukhsah when the ummah is not in proper conditions to do such rituals like praying in the mosque. On the other hand, people are required to better understand fiqh in the pandemic of Covid 19 by not leaving conventional fiqh. Adapting the religious moderation during or after the covid pandemic 19 becomes a necessity, especially relations between humans by avoiding and blocking the transmission of the virus in various ways. Acceptance of the new habit caused by covid 19 from various aspects, especially the worship habits of the people should be considered. The principle of avoiding harm is more important than carrying out benefits is one of the ways in Islam to maintain religious moderation. Keywords: Religious Moderation; Pandemic; Corona Virus; Covid 19  

scholarly journals PUTUSAN PENGADILAN NEGERI PADANG NOMOR: 69/Pdt.G/2009/PN.Pdg TENTANG HIBAH WASIAT PERSPEKTIF HUKUM ISLAM

2019 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
Suci Rahmawati
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Islamic Law ◽  
District Court ◽  
Analysis Method ◽  
Legal Research ◽  
Court Judge ◽  
Legal Remedies ◽  
The People ◽  
The Will

<p><em>This article would explain the testament of the testamentary gift Number: 69/Pdt.G/2009/PN.Pdg., in the Padang District Court. As for the background of this research is the settlement of the will between the people of Islam, but decided by the district court, so there are some irregularities, both in terms of formal law and Islamic law. This research is a normative legal research with data analysis method in the form of content analysis. Based on the results of the decision are considered appropriate by the panel of judges who completed the case. Although there are no legal remedies from the parties against the decision of the district court judge, from the perspective of Islamic law the decision is still contrary to what should apply to people of Islam.</em></p><p><em> </em></p><p> </p>

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

On the Will of the People: Notes on the Political “Theory” of Populism

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Claus Offe
Keyword(s):  
Ethnic Identity ◽  
Political Theory ◽  
Conflicts Of Interest ◽  
Political Rhetoric ◽  
The Political ◽  
The People ◽  
National People ◽  
The Will

The “will of the (national) people” is the ubiquitously invoked reference unit of populist politics. The essay tries to demystify the notion that such will can be conceived of as a unique and unified substance deriving from collective ethnic identity. Arguably, all political theory is concerned with arguing for ways by which citizens can make e pluribus unum—for example, by coming to agree on procedures and institutions by which conflicts of interest and ideas can be settled according to standards of fairness. It is argued that populists in their political rhetoric and practice typically try to circumvent the burden of such argument and proof. Instead, they appeal to the notion of some preexisting existential unity of the people’s will, which they can redeem only through practices of repression and exclusion.

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.

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