scholarly journals Islam, State, and Nationalism in Brunei Darussalam, India, Indonesia, and Malaysia: A Comparative Perspective

2020 ◽  
Vol 21 (2) ◽  
pp. 182
Author(s):  
Muh Arif Royyani ◽  
Muhammad Shobaruddin
Keyword(s):  
Human Activity ◽  
Islamic Law ◽  
Comparative Method ◽  
State System ◽  
Gray Zone ◽  
Nationalist Movement ◽  
Brunei Darussalam ◽  
Library Research ◽  
Independence Era

<p><span lang="EN-US">Islam has comprehensive roles in some aspects of human activity. It enlarged from theological aspect to political aspects. Some former colonized countries where Islam was coexisted, this religion became an embryo of nationalist movements during colonization era. This essay scrutinizes the role of Islam in escalating nationalism during colonization era and it relation with the states in post colonization era in four former colonized countries namely Brunei Darussalam, India, Indonesia, and Malaysia. By using comparative method, the essay researched some main literature (library research) related to Islam and nationalism. It was founded that Islam has significant roles in nationalist movement in the four analyzed countries through several channels. Meanwhile, in the post-independence era, the relation between Islam and state system are variably. In India, Islam is separated from state system (secular). In contrast, Islamic ideology became the main sources of state system in Brunei Darussalam (adopted entirely) and Malaysia (adopted partially). Then, Islam in Indonesia seems like “a gray zone” because the country does not using Islamic law but still adopting Islamic thoughts in several cases. </span></p>

scholarly journals Re-Examining the Structure of Firms and the Provision of Finance: The Case for Islamic Partnerships

2019 ◽  
Vol 15 (10) ◽  
pp. 64
Author(s):  
Shams Osama Haikal
Keyword(s):  
Islamic Law ◽  
Policy Implications ◽  
Entire System ◽  
Legal Personality ◽  
The Past ◽  
Library Research ◽  
Credit Creation ◽  
Debt Finance

In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī&rsquo;ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.

scholarly journals Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law

2018 ◽  
Vol 14 (2) ◽  
pp. 101-108
Author(s):  
Heni Hendrawati ◽  
Nurwati Nurwati ◽  
Budiharto Budiharto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Islamic Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Legal Responsibility ◽  
Interesting Phenomenon ◽  
Library Research

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.

scholarly journals Pemaksaan Zakat oleh Pemerintah dalam Perspektif Hukum Islam dan Penerapannya di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 78-97
Author(s):  
Khaerul Aqbar ◽  
Sulkifli Herman ◽  
Asri
Keyword(s):  
Islamic Law ◽  
Data Sources ◽  
The Internet ◽  
Muslim Community ◽  
Sociological Approach ◽  
Library Research ◽  
Scientific Papers ◽  
The Government ◽  
Written Sources

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.

scholarly journals Penggunaan Mazhab Selain Syafi‘I dalam Fatwa Negara Brunei Darussalam

2018 ◽  
Vol 7 (1) ◽  
pp. 37-56
Author(s):  
Abdul Qayyuum Aminnuddin ◽  
Mohd Anuar Ramli
Keyword(s):  
Islamic Law ◽  
Daily Practice ◽  
The State ◽  
Analysis Method ◽  
Brunei Darussalam ◽  
Library Research ◽  
Content Analysis Method ◽  
Differences Of Opinion ◽  
The One ◽  
Islamic Society

Negara Brunei Darussalam is known as a country that strongly adhere and follow the Syafi‘ite School of Islamic law (madhhab). Both in daily practice of its Islamic society as well as in the Islamic legal pronouncements (fatwa) that have been issued. Hence, this study aims to demonstrate the existence of opinion from madhhabs other than the Syafi‘ite in the justifications of the State Mufti of Brunei for issuing fatwa. Therefore, library research was conducted to gather suitable fatwas, while content analysis method was performed to identify fatwas that comprised the opinion of madhhabs other than the Syafi‘ite. As a result of this study, those opinions that were brought up in the fatwas are caused by several factors. Namely to show the similarities and differences of opinion between those madhhab and the Syafi‘ite, to meet the demand of the one seeking fatwa (al-mustafti) and when the State Mufti was giving guidance (irsyad) at the end of his fatwa. Keywords: Madhhab, Hanafi, Maliki, Syafi‘i, Hanbali, Fatwa, Brunei. Abstrak Negara Brunei Darussalam dikenali dengan negara yang berpegang kuat dengan mazhab Syafi‘I sama ada dalam amalan seharian masyarakat Islamnya mahupun dalam keputusan-keputusan fatwa yang dikeluarkan. Justeru kajian ini bertujuan untuk memperlihatkan kewujudan pendapat mazhab selain Syafi‘I dalam hujah-hujah Mufti Kerajaan Brunei bagi mengeluarkan fatwa. Kaedah perpustakaan dijalankan untuk mengumpul fatwa yang dikaji dan kaedah analisis kandungan digunakan untuk mengenal pasti fatwa yang terdapat di dalamnya pendapat dari luar mazhab Syafi‘i. Hasil kajian mendapati pendapat-pendapat mazhab selain Syafi‘I yang dikemukakan dalam fatwa-fatwa tersebut adalah disebabkan oleh beberapa faktor iaitu bagi menunjukkan persamaan dan perbezaan pendapat, bagi memenuhi permintaan orang yang bertanya dan apabila Mufti Kerajaan Brunei mengemukakan irsyad di hujung teks fatwanya. Kata kunci: Mazhab, Hanafi, Maliki, Syafi‘i, Hanbali, Fatwa, Brunei.

scholarly journals SANKSI BAGI PELAKU ZINA

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Cempaka ◽  
Ali Abu Bakar ◽  
Badrul Munir
Keyword(s):  
Islamic Law ◽  
Comparative Method ◽  
Library Research ◽  
The Law

Penalties for adulterers have been regulated by law in a number of countries with their respective sanctions. One such arrangement is through Aceh Qanun No. 6 of 2014 concerning the Law of Jinayat and the Enactment of the Syariah Law of Selangor No. 9 of 1995 Sex. 25. But the penalties set out in the Aceh Qanun are different from the punishment of adultery perpetrators regulated in Selangor State Sharia Youth Enactments, therefore this study aims to find out what penalties are contained in the Aceh Qanun and the Selangor State Islamic Law, and what lies behind this difference. to get the answer to the problem of punishment for adulterers, the writer uses descriptive-comparative method. This research is categorized as library research. Punishment regulated in Qanun No. 6 of  2014 concerning jinayat law is a lash of 100 (one hundred) times without distinguishing between the muhsan and ghair muhsan, whereas in the Enakmen regulates adultery sanctions on three categories: fines, imprisonment and caning (sebat), this sentence is determined in the religious court (Syar Court 'iyah in Aceh or the Syariah Court in Selangor). The Selangor State Islamic Law Enactment regulates more criminal acts but the provisions of the sanctions are more severe in the Aceh Qanun. This is because in Selangor in the determination of penalties for perpetrators of crimes in Malaysia using Ta'zir's punishment and more looking at the benefits and local wisdom of Selangor State. While the Qanun is based on the punishment of hudud, which hudud is a punishment that has been determined the form and level by Allah SWT. In the author's opinion, punishment that is more in line with the sanctions of adultery is a punishment that is regulated in the Aceh Qanun because according to the provisions set out in the text namely 100 (one hundred) lashes, although it does not distinguish between muhsan adulterers and adulterers Ghair muhsan. Abstrak: Hukuman bagi penzina telah diatur oleh hukum di sejumlah negara dengan sanksi masing-masing. Salah satu pengaturan tersebut adalah melalui Qanun Aceh No. 6 tahun 2014 tentang Hukum Jinayat dan Penetapan Hukum Syariah Selangor No. 9 tahun 1995 pasal 25. Tetapi hukuman yang ditetapkan dalam Qanun Aceh berbeda dengan hukuman terhadap penzina yang diatur dalam Undang-Undang Selangor State Sharia Youth Enactments. Penelitian ini termasuk penelitian kepustakaan. Hukuman yang diatur dalam Qanun No. 6 tahun 2014 tentang hukum jinayat adalah 100 kali cambuk tanpa membedakan antara muhsan dan ghair muhsan, sedangkan dalam State Sharia Youth Enactments sanksi perzinahan terbagi menjadi tiga kategori: denda, hukuman penjara dan hukuman cambuk, hukuman ini ditentukan di pengadilan agama (Pengadilan Syar'iyah di Aceh atau Pengadilan Syariah di Selangor). Qanun didasarkan pada hukuman hudud, dimana hudud merupakan hukuman yang telah ditentukan bentuk dan tingkatannya oleh Allah SWT. Hukuman yang lebih sesuai untuk sanksi perzinaan adalah hukuman yang diatur dalam Qanun Aceh karena sesuai ketentuan yang diatur dalam Al-Quran yaitu 100 (seratus) cambuk. Kata kunci: Hukuman bagi pezina, Hukuman, Hukum Jinayat Islam

scholarly journals Cadar and Women’s Awrat In Indonesian Qur'an Literature

2021 ◽  
Vol 22 (2) ◽  
pp. 455
Author(s):  
Indal Abror ◽  
Nurdin Zuhdi ◽  
Iwan Setiawan ◽  
Ahmad Suhendra
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Comparative Method ◽  
Library Research ◽  
The Face ◽  
The Difference ◽  
Interpretation Of Literature

The use of cadar becomes a controversial discussion in Indonesia. However, the majority of scholars consider the cadar is not an obligation in religion. Bearing in mind, there are differences in the limits of women's genitalia or awrat. It shows in the Quranic interpretation of literature in Indonesia that cadar's views lie in the different scholars in interpreting and determining the limits of women's genitalia. This paper uses a comparative method to compare the interpretations of Hasbi Ash-Shiddieqy and Quraish Shihab in understanding verses about the cadar and the limits of women's Awrat (genitalia) in both interpretations. This research method is qualitative and library research. Hasbi Asy-Syiddieqy, in his interpretation of An-Nur, explains that women are obliged to cover their jewelry, while Quraish Shihab considers the cadar is not an obligation in religion because, for him, the face is not part of the awrat (genitalia) that must be covered. The difference can be seen from their educational and scientific backgrounds. Hasbi Asy-Syiddieqy has a background in Islamic law (Fiqh), so the style of interpretation in the book of An-Nur is more nuanced in fiqh. However, Quraish Shihab highlights the nuances of interpretation in the book of Al-Misbah, which tends to imitate the model or style of interpretation of Muhammad Abduh and Rashid Rida. This cadar is part of the need for tahsiniyat (Luxuries). The need for tahsiniyat is a need which if not fulfilled, does not threaten the existence of one of the maqashid ash-shariah (objectives of sharia) and does not cause difficulties.

scholarly journals PERANAN CAHAYA PEREMPUAN WOMEN’S CRISIS CENTRE (WCC) BENGKULU DALAM MENANGANI KASUS KDRT PERSPEKTIF HUKUM ISLAM DAN UU NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KDRT

Nuansa ◽  
2018 ◽  
Vol 11 (2) ◽  
Author(s):  
Eli Rahmidiani
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Legal Assistance ◽  
Power Structures ◽  
Cultural Assumptions ◽  
Library Research

The purpose of this study is to find out how the role of women’s women’s crisis center Bengkulu in handling cases of domestic violence in the perspective of Islamic Law and  Law Number twenty  three Year two four About Aboli- tion of Domestic Violence. This type of research is field research (field research) supported by library  research (library research). From  the  result  of this research, it is concluded that  the  role of women’s crisis center Bengkulu women in handling cases  of domestic violence in collaboration with legal aid institutions, medical, police,  and  courts, this  co- operation is called  case-handling network in an effort to reach cases  of domestic violence and  sexual  violence can be handled and  facilitated by victims  such  as safe houses, counseling rooms, to share stories and  facilities  in the form of legal assistance and handling in a familial manner while reducing the number of sexual violence handled by prevention programs. Analysis of Islamic law against domestic violence that in Al-Qur’an Surah  An-Nisa ‘verse thirty-four explains that a husband should not immediately hurt  his wife with a painful blow. Since Islam does not teach such a thing, there have been good and  right rules when the husband is facing such  problems. Although beating the wife is justified in Is- lam, it is hitting that does not hurt the wife and with educational intentions. Analysis of Law Number Twenty-three Years Two Thousand Four  About Abolition of Domestic Violence  is able  to avoid  family violence, when disharmony occurs between husband and wife. More broadly, it is necessary to have fundamental changes in women’s status and attitudes toward both women and men  in society,  the need for continuous and strategic efforts to deconstruct traditional power structures that have been considered legitimate and deconstruct cultural assumptions and religions that strengthen and legitimize violence

scholarly journals The Role of Islam in the Management and Administration of Brunei Darussalam

2020 ◽  
Vol 3 (2) ◽  
pp. 45-49
Author(s):  
Fatin Rabia'tul Adawiyah Md Fareed
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Religious Institutions ◽  
Islamic State ◽  
Secondary Sources ◽  
Islamic Country ◽  
Brunei Darussalam ◽  
History Of ◽  
Islamic Values

Islam plays an essential role in forming and shaping an Islamic country. Similarly, Brunei Darussalam, an Islamic country, has made every effort to inculcate Islamic values ​​in various aspects of the country's management and administration. This concept paper aims to provide exposure regarding the role of Islam in the management and administration of Brunei Darussalam by describing the history of the arrival of Islam in Brunei Darussalam and the role of Islam in the management and administration of the country. This concept paper uses a qualitative method in the form of a library concerning secondary sources only. The results of the study found that the leadership of the Sultan is a major factor that contributes to the strong application of Islamic teachings in the management and administration of the country, and among the five main aspects that receive the influence of Islamic teachings are aspects of government and administration, administration of Islamic law, religious institutions, Islamic education, and economy. The effect of the application of Islamic teachings has strengthened the country's identity to become an Islamic state.

scholarly journals Revisiting the Role of Women as Witnesses in Fiqh Justice

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Dahwadin Dahwadin ◽  
Syaik Abdillah ◽  
Sasa Sunarsa ◽  
Muhamad Dani Somantri ◽  
Enceng Iip Syaripudin ◽  
...  
Keyword(s):  
Islamic Law ◽  
Current Development ◽  
Library Research ◽  
Role Of Women ◽  
Women's Role ◽  
Comprehensive Discussion

This paper discusses the role of women as witnesses in a court. This is one of debatable issues in Islamic law considering the provision stating that the value of two women’s testimony is equal to one man’s testimony. Based on a more comprehensive discussion and by revisiting the Islamic resources on this issue, this paper concludes that the provision in the hadith, historically, regards heavily on women’s capability and readiness to perform their duties as witnesses. It can be seen in the case of qadzaf where women can be witnesses for themselves (by stating four oaths in the name of Allah). Therefore, in the current development, women’s role as witnesses needs to be reconsidered so that women can appear in the judiciary to play a role in supporting justice. Penelitian literatur  (library research) ini bertujuan untuk menganalisa bagaimana pandangan kesaksian perempuan dalam Islam melalui pendekatan analitik terhadap ketentuan dalam fikih keadilan yang ditinjau melalui berbagai  berbagai corak diskusi dan referensi yang mendukung penelitian ini. Kesaksian merupakan proses menemukan dan membuktikan kebenaran dalam  perkara  perdata maupun  pidana. Dalam  hukum Islam, hal-hal yang membutuhkan kesaksian seperti itu adalah pernikahan dan perceraian yang menyangkut hudud dan qisha. Ada beberapa kriteria khusus dalam memberikan kesaksian. Dalam masalah-masalah spesifik, perempuan  tidak diizinkan memberikan kesaksian, diantaranya ialah wilayah hudud dan qisha. Ketentuan lainnya ialah  perempuan dapat  menjadi saksi di pengadilan, tetapi hanya dalam kasus perdata (transaksi keuangan), dan itupun bobot dua wanita sama dengan satu pria. Apabila  merujuk pada makna teks, maka jelas siapa pun dia (wanita) dan kualifikasinya tidak diperbolehkan untuk melayani sebagai saksi dalam kasus pidana. Meskipun secara historis,  terbukti banyak wanita cerdas, memiliki kedewasaan emosional, kredibilitas, dan berbagai kemampuan yang memenuhi syarat untuk tampil sebagai saksi dalam kasus-kasus, baik sipil maupun pidana. Masalah kesaksian seorang perempuan tersebut dinilai oleh sebagian orang sebagai salah satu perbedaan yang mensubordinasi perempuan. 

scholarly journals Hukum Keluarga Islam Di Brunei Darussalam

Al-Qadha ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 1-12
Author(s):  
Arif Sugitanata Arif
Keyword(s):  
Qualitative Study ◽  
Islamic Law ◽  
Family Law ◽  
Science And Technology ◽  
Economic Globalization ◽  
Gender Issues ◽  
Law Reform ◽  
Brunei Darussalam ◽  
Minimum Age

This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.

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