scholarly journals KAIDAH NIAT DAN PENENTUAN KESENGAJAAN PEMBUNUHAN DALAM HUKUM ISLAM

2021 ◽  
Vol 9 (1) ◽  
pp. 55-80
Author(s):  
Ahmad Ropei
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Analytical Techniques ◽  
Library Research ◽  
Legal Fact

This study aims to reveal the application of the rule of intent and its relevance of determination intentional murder in Islamic law. The approach used in this research is library research, with the data collected by literatural technique. The process of data analysis was carried out by descriptive-analytical techniques. The results of this study indicates that the rule of intent in Islamic law is an important instrument to determine the element of intent in a murder case. Practically, the rule to reveal the existence of a murder intent is to look into several things, including through the tools used to kill and the existence of hostility or disputes between the perpetrator and the victim before the murder occurred, where this can be used as a legal fact to explore the element of intent in the murder. Element of intent used as a prove for the perpetrator so be punished in the form of qishash.

scholarly journals Ĥadīŝ Aĥād Sebagai Sumber Hukum Islam (Pemikiran Imam al-Sarakhsī dan Imam al-Ghazālī, Pendekatan Epistemologi)

2017 ◽  
Vol 19 (2) ◽  
pp. 289
Author(s):  
Jabbar Sabil ◽  
Juliana Juliana
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Research Data ◽  
Library Research ◽  
Descriptive Method

Ĥadīŝ aĥād is one of the sources of Islamic law. But in practice, the scholars set different conditions as seen in the thoughts of Imam al-Sarakhsī and Imam al-Ghazālī. Therefore, this study examines the nature of ĥadīŝ aĥād according to both Imams, and their views on the criteria for the use of ĥadīŝ aĥād as the source of Islamic law. This research is done by epistemology approach which is part of a study of philosophy science. The technique of completion of research data is done by library research with the method of data analysis, that is a research according to the contents of both Imam. The data analysis is done by the comparative descriptive method that is, to find the relation between thinking with the same thing with equation and difference which is related to ĥadīŝ aĥād as the source of Islamic law. So the author comes to the conclusion of both Imams mentioned that ĥadīŝ aĥād is obliged to be practiced but doesn’t produce knowledge.The opposite side of their opinion is on the terms of practice. Imam al-Sarakhsī presupposes the fakih narrator, while Imam al-Ghazālī doesn’t because according to him the condition of the transmigrants is not realistic and complicates the practice.The analysis of the metaphysical example of ĥadīŝ aĥād fi'liyyah about ĥadīŝ yellow in the morning prayers indicates that in the ĥadīŝ the metaphysical condition of the jurists doesn’t increase the probability to certainty, and the absence of the fakih narrator doesn’t diminish its worth. Thus, the practice of ĥadīŝ aĥād is sufficient at the level of probability, so the thought of Imam al-Sarakhsī and Imam al-Ghazālī being complementary is not a contradiction.

scholarly journals Accounts Payable (Qardh) in Islamic Law

2020 ◽  
Vol 7 (4) ◽  
Author(s):  
Saprida Saprida ◽  
Choiriyah Choiriyah ◽  
Melis Melis
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Islamic Law ◽  
Analysis Method ◽  
Accounts Receivable ◽  
Library Research ◽  
Accounts Payable ◽  
Helping Others ◽  
The Will ◽  
Data Analysis Methods

AbstractThis study discusses how accounts receivable (qardh) are in Islamic law. This research is a type of library research that focuses on qualitative data management with data analysis methods using the description-analysis method. The results of this study are that qardh (accounts receivable) is an act or activity that has the purpose of helping others who are in need of material assistance, and is highly recommended because it provides wisdom and benefits for the lender and the recipient of the debt. Qardh is permissible as long as there are no elements which are detrimental to either party. While the law exceeds the payment of as much debt, if the excess is indeed the will of the debtor and not the previous agreement, then the excess may be for those who repay it, and be good for those who pay the debt. As for the additions that are desired by those who are in debt or have become agreements during the contract, this must not be prohibited in Islam.Keywords: Qardh, Islamic Law. AbstrakPenelitian ini membahas bagaimana piutang (qardh) dalam hukum Islam. Penelitian ini adalah jenis penelitian kepustakaan yang berfokus pada manajemen data kualitatif dengan metode analisis data menggunakan metode deskripsi-analisis. Hasil penelitian ini adalah bahwa qardh (piutang dagang) adalah tindakan atau kegiatan yang memiliki tujuan membantu orang lain yang membutuhkan bantuan material, dan sangat dianjurkan karena memberikan kebijaksanaan dan manfaat bagi pemberi pinjaman dan penerima hutang. Qardh diperbolehkan selama tidak ada unsur yang merugikan salah satu pihak. Sementara hukum melebihi pembayaran hutang sebanyak-banyaknya, jika kelebihannya memang merupakan kehendak debitur dan bukan perjanjian sebelumnya, maka kelebihannya mungkin bagi mereka yang membayarnya, dan baik bagi mereka yang membayar hutang. Adapun tambahan yang diinginkan oleh mereka yang berhutang atau telah menjadi perjanjian selama kontrak, ini tidak boleh dilarang dalam Islam.Kata kunci: Qardh, Hukum Islam.

scholarly journals KEDUDUKAN ANAK PEREMPUAN DALAM PEMBAGIAN HARTA WARISAN MENURUT HUKUM ISLAM (Studi Kasus Putusan Pengadilan Agama Medan No. 40/Pdt.G/2017/PA.Mdn)

2019 ◽  
Vol 2 (2) ◽  
pp. 307-317
Author(s):  
Emy Eliamega Saragih ◽  
Mustamam Mustamam ◽  
Mukidi Mukidi
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Secondary Data ◽  
Inheritance Law ◽  
Case Register ◽  
Library Research ◽  
Female Part ◽  
Data Source ◽  
The Right

Islamic teachings determine that the Koran and the Hadith are the main references in resolving every problem faced by mankind, especially Muslims. Likewise in solving inheritance problems, the Koran and Hadith have explained clearly and in detail. Whereas for matters that have not yet been regulated or there is no agreement on the ulama, such as inheritance for a transvestite. The problem in this study, regarding the position of girls in the distribution of inheritance law according to Islam, concerning inheritance rights of siblings of fathers who leave a daughter in the perspective of Islamic law and on the basis of judges' consideration in determining the determination of heirs in the decision of case register No. 40/Pdt.G/2017/PA.Mdn. This research is a normative juridical approach with a case approach by analyzing Decision No. 40/Pdt.G/2017/PA. Mdn). The data source of this research is secondary data obtained from the results of library research. Data analysis used in this study is qualitative data analysis. Based on the research results obtained, that the position of girls in the distribution of inheritance law according to Islam is the same as that of boys, namely both have the right to inherit the inheritance of their parents or relatives. It's just that, the male portion is bigger than the female part, which is two parts of the two girls. The inheritance rights of the father's siblings who leave a daughter in the perspective of Islamic law are based on bi ghairihi asabah, because they inherit from men and women together. The basis of the judge's consideration in determining the determination of the heir in the decision of case register No. 40 / Pdt.G/2017/PA.Mdn, is Article 174 paragraph (2) KHI and Al-Quran Letter of Examination verse 176. The panel of judges has mistakenly interpreted the substance of the Examination paragraph 176 and also interpreted the provisions of Article 174 paragraph (2) KHI.

scholarly journals KEBIJAKAN ALI IBN ABI THALIB DALAM IJTIHAD

2020 ◽  
Vol 5 (2) ◽  
pp. 183
Author(s):  
Mhd. Rasidin ◽  
Doli Witro ◽  
Imaro Sidqi
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Distinctive Feature ◽  
Growth And Development ◽  
Islamic Law ◽  
Human Life ◽  
Data Presentation ◽  
Analysis Techniques ◽  
Library Research ◽  
The World

Abstract: Historically, one of the reasons for Islam’s growth and development in various parts of the world is the nature of Islam that is never static in a law. In the context of these changes, the elasticity and flexibility of Islamic law in responding to the problems of human life are increasingly demanded and expected to be able to accommodate them. One way is to do ijtihad to determine the law of every new problem that arises. Evidenced since the time of the Prophet s.a.w., the practice of ijtihad is always done by friends when they cannot ask directly to the Prophet s.a.w. One of the best-known friends did ijtihad after Rasulullah s.a.w. died is Ali ibn Abi Talib. Starting from this description, the writer wants to see Ali ibn Abi Talib’s policy of ijtihad. This paper uses qualitative research methods that are library research. The data in this paper is sourced from books, journals, articles discussing Ali ibn Abi Talib, and ijtihad. After the data is collected, it is then analyzed and analyzed with data analysis techniques, namely data reduction, data presentation, and conclusion drawing. The analysis shows that in the Ali ibn Abi Talib’s ijtihad has its patterns and methods in istinbath or establishing Islamic law (fiqh). His determination to hold on to the verses of the Al-Quran as a whole and his carefulness to judge a Sunah, as well as his flexibility in using the ra’yu (reason) was a distinctive feature for Ali ibn Abi Talib in dealing with the legal polemic that occurred in the society at that time.Keywords: Ali ibn Abi Thalib; Ijtihad; Policy

scholarly journals Penerapan Akuntabilitas Dan Maslahat Dalam Perspektif Hukum Wakaf

2020 ◽  
Vol 19 (3) ◽  
pp. 426-437
Author(s):  
Muhammad Zuhirsyan
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Random Sampling ◽  
Islamic Law ◽  
Sampling Technique ◽  
Primary Data ◽  
City Community ◽  
Library Research ◽  
Descriptive Qualitative

This study aims to find out the application of accountability and benefits in waqf law and also to find out the urgency of recording waqf in the perspective of Islamic law and accountability in disclosure. The object of the research is the implementation of waqf in Medan City community. This is a descriptive qualitative research. The method of collecting the data in research uses library research and interviews with several related parties. The sampling technique uses random sampling. The type of data used in this study is secondary primary data. The data analysis used is descriptive by using literature studies in the form of muamalah fiqh books including the DSN-MUI fatwa. The results showed that Waqf is one of the legal actions that have been determined by rules, harmony and conditions, both in the perspective of classical Jurisprudence and legislation in Indonesia. The application of waqf law as a legal act in the perspective of benefit and accountability can be realized by recording waqf up to reporting the development of waqf management to the Indonesian Waqf Agency (IWA) or it can be conveyed directly to the public.Keywords: Waqf, Accountability, Benefits 

scholarly journals Percobaan Pembunuhan Sebagai Mawani‘ Al-Irth dalam KHI Pasal 173 Dilihat Menurut Perspektif Maqașid Al-Syari‘Ah

2019 ◽  
Vol 1 (2) ◽  
pp. 213-231
Author(s):  
Lailatul Mawaddah
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Data Collection ◽  
Islamic Law ◽  
Analysis Method ◽  
Collection Method ◽  
Data Collection Method ◽  
Library Research ◽  
Qualitative Descriptive ◽  
Basic Purpose

Trial of Assassination is an action carried out with the intention of killing people, but the person who wants to be killed does not die. In KHI Article 173 stated that the trial of assassination were prevented from inheriting, but in fiqh did not mention this, because that was the result of  ijtihad by Indonesian Islamic law experts. Based on this, this research attempted to explain the provisions of the KHI regarding the trial of assassination as mawani' al-irth, and the provisions of KHI regarding the trial of assasination as mawani‘ al-irth seen in the motivations behind it. Both of these will be studied using the perspective of maqașid al-syari'ah. The type of research used in this thesis is library research (qualitative research). Sources of data from this study come from the book al-Muwafaqat, Tasyri 'al-Jinaai al-Islami, Al-Fatawa al-Fiqhiyyah al-Kubra, Al-Tahzib fi Fiqh Imam Al-Syafi'i and the book Compilation of Islamic Law by Cik Hasan Bisri, as well as books and journals relating to maqașid al-syari'ah and mawani' al-irth. Data collection method is carried out in documentation and data analysis method in the form of qualitative descriptive. The results of the study indicate that the provisions of the KHI Article 173 concerning trial of assassination that’s hindered from inheriting is not suitable to be applied. Because the trial of assassination does not cause a person to die. Then in KHI also do not recognize the term forgiveness, even though the opportunity to be forgiven by the own heir is very large. Furthermore, in KHI, it does not consider the background of doing this action, even though between one person and another person has different intentions and objectives. Although the trial of assassination is a case that violates the existence of maqașid al-syari‘ah from the needs of the dharuriyyah, which is guarding the soul (hifz al-nafs), the benefit here is to apply a law according to the conditions that it wants. Because the basic purpose of Islamic law (maqașid al-syari‘ah) is to gain benefit and prevent damage (mafsadah).

scholarly journals Strategi Gerakan Sosial Transnasioal dalam Kampanye Perdamaian Internasional (Studi Kasus: Food Not Bombs)

2021 ◽  
Vol 1 (1) ◽  
pp. 36-52
Author(s):  
Ahmad Tarikhul Haq ◽  
Pusparida Syahdan ◽  
Husein Abdullah
Keyword(s):  
Data Analysis ◽  
Social Movement ◽  
Analytical Techniques ◽  
Food Distribution ◽  
Coalition Building ◽  
Library Research ◽  
Movement Strategies ◽  
Quantitative Data Analysis ◽  
Study Case ◽  
Food Not Bombs

This study focused on transnational social movement strategies in international peace campaign with Food Not Bombs as study case. This study used analytical descriptive method with library research as data collection method. The data type is secondary one which obtained from literatures, books, journals, and information accessed via internet that related with the issues. Analytical techniques used by the author in this paper are qualitative data analysis and quantitative data analysis which used to complement the first one. The result of this study are food distribution as antiwar and poverty symbol and message to public, transnational coalition building, and nonviolence method usage. Transnational coalition used to bring more people to their collective claim. Food Not Bombs dedication towards nonviolence shown in its nonviolence protest act such as blockade, marches, and camps.   Penelitian ini membahas tentang strategi transnational social movement – gerakan sosial transnasional dalam kampanye perdamaian internasional dengan menggunakan studi kasus Food Not Bombs. Penelitian ini menggunakan metode deskriptif analitik, dengan tehnik pengumpulan data yakni dengan studi kepustakaan, kemudian jenis data yang digunakan adalah data sekunder, yang diperoleh dari literatur-literatur, buku-buku, dokumen, jurnal, dan informasi yang diakses melalui internet yang berkaitan dengan masalah yang dibahas, dan tehnik analisis yang digunakan penulis dalam penulisan ini adalah tehnik analisis data kualitatif, adapun data kuantitatif merupakan data pelengkap untuk menjelaskan data kualitatif. Hasil penelitian ini menunjukkan bahwa strategi Food Not Bombs berupa membagikan makanan sebagai pesan anti perang dan kelaparan kepada publik, membangun koalisi transnasional, dan menggunakan metode nonkekerasan. Koalisi transnasional digunakan untuk membawa pesan kolektif dengan massa yang lebih besar. Begitu pula dengan dedikasi Food Not Bombs terhadap nonkekerasan ditandai dengan aksi protes nonkekerasan seperti blokade, kemah, dan pawai.

scholarly journals Ibn Al-Muqaffa’s Proposal for Taqnīn and its Synchronization with Islamic Law Codification in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 504
Author(s):  
H.Y. Sonafist ◽  
Yasni Efyanti ◽  
Ramlah Ramlah ◽  
Ali Hamzah ◽  
Faizin Faizin
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Historical Background ◽  
Literature Study ◽  
Administrative Procedure ◽  
Library Research ◽  
Legal Term ◽  
Islamic Jurisprudence ◽  
Research Problems ◽  
Biographical Study

The research problems addressed in the article are the background story behind Ibn al-Muqaffa’s proposal for taqnīn, the historical background of the creation of the Islamic law codification in Indonesia, and the synchronization of ibn al-Muqaffa’s idea for taqnīn with the codification of Islamic law in Indonesia. The current study aims to unravel the view of Ibn Al-Muqaffa, an Islamic figure, about taqnīn. A biographical study was conducted by doing library research, especially on Ibn Al-Muqaffa’s proposal for taqnīn. The data collection procedure was divided into three parts i.e., orientation, exploration, focus-oriented research. Biographical research is part of a qualitative study that uses data analysis techniques and literature study as the qualitative data analysis as well as content analysis through the historical and textual approach. The results of the study reveal the method of law implementation before and during the lifetime of Ibn Al-Muqaffa which could be described as chaotic, with one of the reasons was because, at the time, the court had not possessed the statute that governed the legal activities other than the Islamic jurisprudence (fiqh) which was used by the judges in accepting, examining, and deciding on cases addressed to them. Therefore, every judge took a decision based on their own ijtihad (an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question). Ibn Al-Muqaffa advised the Khalifa Abu Jakfar Al-Manshur to compile the correlated legal reasonings in Islamic jurisprudence in which to be implemented and to be applied as the binding legal force in the form of statutory law which was regulated nationally and to be used as guidance by all the judges without no exception. The codification of Islamic law in Indonesia has received a constitutional status based on philosophical, sociological, and juridical reasons. The researchers closely examine three types of Islamic legal laws i.e., Act number 7 of 1989, Act number 3 of 2006, and Act number 50 of 2009 concerning Religious Courts, Act number 41 of 2004 concerning Waqf (Endowment), and Act number 21 of 2008 concerning Sharia (Islamic) Banking. Taqnīn (the codification of Islamic law) must be adjusted to demands of the present time in which it is implemented and in accordance with the specific fields of law, for example, taqnīn for Civil Law, Criminal Law, Family Law, Judicial Law, State Administrative Procedure Law, State Administrative Law, And State Finances.

scholarly journals Implementation of the Itsbat of Marriage in Terms of Law Number 1/1974 and Compilation of Islamic Law

2021 ◽  
Vol 4 (2) ◽  
pp. 1860-1870
Author(s):  
Maskawati Maskawati ◽  
Sitti Harlina Hamid ◽  
Burhanudin Burhanudin
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Rural Communities ◽  
Data Collection ◽  
Islamic Law ◽  
Field Research ◽  
Library Research ◽  
Analysis Technique ◽  
To Come ◽  
Family Based

This study evaluates the implementation of marriage rituals at the Watansoppeng Religious Court following Law Number 1/1974 and the Compilation of Islamic Law. It evaluates the basis for judges' considerations in deciding marriage cases at the Watansoppeng Religious Court. This research is qualitative research with purposive sampling, and data collection techniques used are field research and library research. The data analysis technique was analyzed qualitatively, then described descriptively by explaining, describing, and describing the problems closely related to this research—the need to provide information and counseling to the community on an incentive basis. Counseling regarding the contents of Law Number 1/1974 concerning marriage, counseling on the importance of marriage registration for life to come, especially for their children and the assets they gain in marriage. This counseling is given to all levels of society, especially rural communities, both married and unmarried. The purpose of marriage to form an eternal family based on the Almighty God is achieved.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

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