scholarly journals CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA

2021 ◽  
Vol 9 (1) ◽  
pp. 155-174
Author(s):  
Doli Witro ◽  
Atang Abdul Hakim ◽  
Koko Komaruddin
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The Political ◽  
Historical Approach ◽  
State Institutions ◽  
Normative Approach ◽  
Economic Law ◽  
Political Approach ◽  
Islamic Economic

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Western Civilization ◽  
Normative Approach ◽  
Western Imperialism ◽  
Secondary Data Source ◽  
Data Source

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

scholarly journals A DIDÁTICA NA ATUALIDADE: UMA PESQUISA SOBRE OS ASSUNTOS ABORDADOS NO GT04 DA ANPED

2018 ◽  
Vol 15 (Especial 2) ◽  
pp. 27-32
Author(s):  
Daniele dos Santos Martins Vieira ◽  
Renata Portela Rinaldi
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Data Collection ◽  
Working Group ◽  
The Political ◽  
Pedagogical Practice ◽  
Research Focus ◽  
Research In Education ◽  
Object Of Study

The didactics is configured as a broad field of investigation and has as object of study the teaching process. It encompasses several actions on pedagogical practice, but also involves the conception of education that the teacher possesses, since to human and integral formation it is necessary to consider the political, social, cultural and economic scenario in which the subjects are inserted. In the light of the above, the objective of this article is to analyze from the productions in the field, specifically the Working Group on Didactics (GT04) of the National Association of Postgraduate and Research in Education (ANPED), which reveal about the role of didactics in teacher training. It is based on the qualitative research, of the bibliographic type; the data collection took place in the ANPED database between 2007-2017 and data analysis was performed from a descriptiveanalytical perspective. The results reveal mainly the research focus in the researched area.

Pengadaan Vaksin Covid-19 Triwulan I Tahun 2021 di Indonesia Persfektif Hukum Ekonomi Syariah

2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa
Keyword(s):  
Islamic Law ◽  
Law And Economics ◽  
Secondary Data ◽  
Data Sources ◽  
Literature Study ◽  
Economic Law ◽  
Trade Law ◽  
Import And Export ◽  
The Government ◽  
Islamic Economic

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract

Political investors: Political elite oligarchy and mastery of regional resources in Indonesia

2020 ◽  
pp. 205789112091721
Author(s):  
Mohammad Hidayaturrahman ◽  
Bonaventura Ngarawula ◽  
Kridawati Sadhana
Keyword(s):  
Qualitative Research ◽  
Essential Role ◽  
Business Groups ◽  
Political Elite ◽  
The Political ◽  
Interesting Phenomenon ◽  
The Cost ◽  
Depth Interviews ◽  
Descriptive Qualitative

The political investors in the regional head election in Indonesia are an interesting phenomenon to be studied, as not all candidates for regional head, whether governors, regents, or mayors, have the capital to financially support their candidacy. Meanwhile, the nomination fee from has been increasing. For instance, in one of the regencies in Indonesia, the cost has reached 30 billion rupiah. This provides opportunities for regional head candidates to be financed by other people or business groups, known as political investors. This research was conducted to determine the extended role of political investors in regional head elections. This descriptive qualitative research collected data through in-depth interviews and observations as well as online and paper documents. The results showed that political investors play an essential role in enabling regional head candidates to win, and that they in turn benefited from the elections.

Exploring the “Liberal Paradox” from the Inside: Evidence from the Swedish Migration Courts

2018 ◽  
Vol 52 (4) ◽  
pp. 1162-1185
Author(s):  
Livia Johannesson
Keyword(s):  
Qualitative Research ◽  
Immigration Policy ◽  
Political Discourse ◽  
The Political ◽  
Immigration Policies ◽  
Political Debate ◽  
Liberal Democracies ◽  
Liberal Paradox ◽  
Do So

Courts are influential actors during the implementation of immigration policies in liberal democracies. The “liberal paradox” thesis stipulates that courts are driven by logics that hamper restrictionist immigration policies. This study contributes to this theory by exploring the norm construction of impartiality among judicial workers in Swedish migration courts when deciding asylum appeals. Its findings contradict the liberal paradox assumption that courts act according to inner logics that benefit immigrants’ rights. At Sweden’s migration courts, judicial workers show impartiality by using a skeptical approach to asylum applicants and do so to distance themselves from the political discourse of generosity that has dominated Swedish political debate for decades. The broader implications of these findings are that immigration policy theories can benefit from qualitative research exploring informal norm constructions in courts, as such work can offer new insights about the role of courts in the implementation of immigration policies.

Ibn Khaldun (1332–1406): A Precursor of Intercivilizational Discourse

2015 ◽  
Vol 28 (3) ◽  
pp. 441-456
Author(s):  
YOLANDA GAMARRA
Keyword(s):  
International Law ◽  
Global Economy ◽  
Economic Viability ◽  
The Political ◽  
Economic Science ◽  
Ibn Khaldun ◽  
Nineteenth And Twentieth Centuries ◽  
Islamic Economic ◽  
Shed Light

AbstractThis article shows how the political, historical, sociological, and economic narrative of Ibn Khaldun influenced the conjunction of elements that were essential to the civilizing language promoted by European and American liberals in the nineteenth and twentieth centuries. The ‘standard of civilization’ has experienced a revival among critical legal scholars. These authors have reconstructed a historical process of ‘rise, fall, and rise’ of the ‘standard of civilization’, identifying its reappearance in an era of globalization and global governance with the current existence of a (neo-)colonial paradigm in international law and a (neo-)liberal global economy. This study is divided into three parts intended to examine in depth the precursory role of this Islamic thinker in the shaping of civilizing language. The first part examines Ibn Khaldun's life as a way of understanding his thinking on civilization. The second part explores the influence of Ibn Khaldun's work on the discourse surrounding the standard of civilization, by reintroducing the interpretation of Rafael Altamira (1866–1951). The third starts with Ibn Khaldun's writings on economic science and Joseph Spengler's (1902–1991) approach to his works. Several Islamic economic institutions and their influence on the state and concept of international society are examined. The revival of Ibn Khaldun's thinking is partly intended to fill an existing gap in the studies of medieval Islamic theorists. By examining his ideas about the socio-political and economic viability of a dynasty (or a civilization or a state), this article attempts to shed light on the intercultural origins of international law.

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

scholarly journals Role of Forensic Evidence in Upholding Justice: Exploring Islamic Law and the Experience of Syariah Courts in Malaysia

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Abdul Basir Mohamad ◽  
Nurbazla Ismail
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Family Law ◽  
Case Reports ◽  
Document Analysis ◽  
Analysis Data ◽  
Legal Basis ◽  
Forensic Evidence ◽  
Law Of Evidence

In Islamic law of evidence, there are several forms of evidence commonly used by courts to establish facts. In today’s era, a form of evidence called forensic evidence has also emerged. A question then arises, what is the appropriate legal basis for acceptance of this forensic evidence in the Islamic law of evidence. This paper focuses on the evolution of the Islamic law of evidence and investigates the position of forensic evidence in Islamic law from sources such as the Quran, the Prophet’s traditions, and the practices of the Companions of the Prophet. In addition, this study also looks at the experience of the Malaysian Syariah Courts in terms of how forensic evidence is dealt with in hearing family law cases. The research design of this study is content analysis. Data were obtained by document analysis, including books, papers, journals, case reports, and other records relating to the role of forensic evidence. The methods used to interpret the data for this qualitative research are analytical and deductive. As a result, it can be said that forensic evidence is not an unfamiliar matter in the Islamic law of evidence. In fact, forensic evidence has been relied on by the Syariah Courts of Malaysia in making several decisions for certain cases in order to ensure that justice is upheld in society.

scholarly journals THE DYNAMIC OF MALAY-CHINESE RELATION IN CONTEMPORARY PALEMBANG

2019 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Zaki Faddad Syarif Zain ◽  
Anisatul Mardiah
Keyword(s):  
Qualitative Research ◽  
National Level ◽  
The Other ◽  
The Political ◽  
Historical Approach ◽  
Political Dynamics ◽  
Other Hand ◽  
Strong Attachment ◽  
Local Narratives

<p class="abstrak">This paper aims to determine the dynamics of Chinese and Malay relation in Palembang. This qualitative research is conducted with descriptive analytics. Data are obtained by interviews, documentation, and observation. This study engages the socio-historical approach, namely studying on the conflict and integration between Malays and Chinese in Palembang by looking at the history and the socio-politics. The research finds that the conflict between the two groups was strongly influenced by the political dynamics at the national level which spreads to Palembang. On the other hand, the process of integration between Chinese and Malays is unique and naturally integrated which is solved pragmatically The integration potentiality lies on the local narratives of a strong attachment between Malay and Chinese cultures.</p><p class="abstrak" align="left"> </p><p><em>Tulisan ini bertujuan untuk mengetahui pasang surut relasi kelompok Tionghoa dan Melayu di tingkat lokal yaitu Palembang. Penelitian ini termasuk dalam penelitian kualitatif yang disajikan dengan deskriptif analitis. Data diperoleh dengan wawancara, dokumentasi dan observasi. Penelitian ini termasuk penelitian deskriptif kualitatif dengan pendekatan sosio historis, yaitu mengkaji konflik dan integrasi antara Melayu dan Tionghoa di Palembang dengan menilik pada sejarah dan kondisi sosial politik yang melatarbelakanginya Dari penelitian yang dilakukan ditemukan bahwa konflik antara kedua kelompok itu sangat dipengaruhi oleh dinamika politik di tingkat nasional (baca: yang terjadi di Jawa) yang berkembang hingga Palembang. Selanjutnya, integrasi antara Tionghoa dan Melayu memiliki keunikan tersendiri karena berjalan dengan natural didasarkan pada prinsip pragmatis. Sedangkan potensi integrasi dapat dilihat narasi-narasi keterikatan yang kuat antara Melayu dan Tionghoa yang menambah khazanah multikultural dari budaya Melayu Palembang itu sendiri.</em></p>

scholarly journals Tinjauan Hukum Islam Pada Edaran Pemerintah dan MUI Dalam Menyikapi Wabah Covid-19 Setelah Pemberlakuan New Normal

2021 ◽  
Vol 7 (1) ◽  
pp. 393
Author(s):  
Cholisa Rosanti
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Islamic Law ◽  
New Normal ◽  
Historical Approach ◽  
The Public ◽  
Normative Approach ◽  
The World ◽  
Pros And Cons ◽  
The Government

This study discusses the Covid-19 virus that is spreading in the world and its handling from the government and MUI after the implementation of new normal according to Islamic law. The government implements a large-scale social restrictions system (PSBB) or social distancing to break the chain of the spread of the covid-19 virus. The government has implemented new normal rules. MUI has issued a notice numbered Kep-1188 / DP-MUI / V / 2020 concerning new normalcy that will be applied by the government such as reopening places of worshipaccording to the health protocol. Nevertheless, this circular is a pros and cons for some people. The purpose of this study is to help the public understand whether the government and MUI circulars in tackling the plague after applying the new normal according to the Shari'a or actually contrary to Islamic Sharia. The research method is the study of literature literature with a normative approach and historical approach. The results of the study showed that the rules imposed by the government and MUI in dealing with the outbreak of Covid-19 pacsa new normal did not disregard Islamic law.

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