scholarly journals لفظ القسم ومرادفاته في السور المدنية

IZDIHAR ◽  
2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Fitri Annisa Hayati

This research is meant to describe : (i) Various synonyms of the word oath in Madani surahs (2) The importance or the usage of the word oath and  its synonyms in Madani surahs (3) The contexts of the word oath and its synonyms in Madani surahs. The research methodology used is qualitative descriptive. The results of the research are as follows : (1) There are 7 words as synonyms of the word oath in Madaniah surahs. They are aqsama and yuqsimu, halafa and yahlifuna, special oath fala warabbika, nabtahil, yu'luna and ya'tali, syahadatin billahi and aiman. (2) In Madani  surahs, the researcher finds that there are four function of the word oath and their synonyms, namely to throw away doubt, to strengthen the reason, to strengthen the statement and to define the law perfectly. (3) The contexts used to distinguish the word oath and its synonyms are linguistic and non-linguistic (situation) contexts

2021 ◽  
Vol 20 (1) ◽  
pp. 63
Author(s):  
Mahlil Bunaiya ◽  
Delvy Hamzah ◽  
Mawaddatul Ulfa

One of the efforts to meet the needs of the Minangkabau people that they achieve is through migration, as in the economic culture of Minangkabau immigrants from Nagari Atar Batusangkar, Padang Gantiang District, Tanah Datar Regency. About 99% of the imigrants were found in the field involved in Photo Copying businesses scattered in the city of Yogyakarta. The hope is that people's behavior in fulfilling the economy can continue to run well and in accordance with Islamic law. This study aims to explain how Urf's review of the economic culture of Minangkabau migrants in Yogyakarta using a qualitative descriptive research methodology. The results of the study conclude several things, among others: First, according to records in 2015 the number of Minangkabau residents in Yogyakarta reached 10,000 people or around 350 families, and those who run photocopy businesses are 80 families or 155 tablets. Second, the Economic Culture in the photocopy of the Minangkabu Community in Yogyakarta is referred to as 'Urf in Islamic law, because it fulfills several conditions' Urf and the law is mubah. Third, related to economic culture can furthermore be one of the studies that offers siding to the local community's economy which has basically been an economic support since the past in an effort to promote life, as well as' Urf which can then be used as a method and source of Islamic law in its development. economy because it conforms to Islamic principles.


2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nurul Ain Burhanuddin

Living Hadith is a cultural phenomenon of society based on the hadith of the Prophet saw. It is a pattern of behavior that is part of the interaction of Muslims with hadith. This study is to examine the extent to which the practice of sunnah is still practiced among the Muslim community in Malaysia. In addition to explaining the practice of sunnah in the perspective of Living Hadith. The research methodology is based on the interviews of five respondents consisting of muftis, academics, religious figures who are active with the community. The findings show that living tradition phrase less is known in the Muslim community in Malaysia, there is a Sunnah practice in perspective Living in Malaysia Hadith and Sunnah is a customary practice that is often practiced by the Malays in Malaysia. It is a pure practice that needs to be applied in society in order to be in line with the religious and moral demands of Rasulullah saw. However, the community also needs to be guided to accept this practice of sunnah as an encouragement and encouragement of goodness that must be implemented. It is not a mandatory practice such as the law of performing prayers and fasting in the month of Ramadan. Therefore, the Malaysian society still sees the living hadith in the context of the practice of sunnah which is still related to the hadith and sunnah of the Prophet saw


2020 ◽  
Vol 1 (3) ◽  
pp. 311-329
Author(s):  
Saifullah bin Anshor ◽  
Rachmat Bin Badani Tempo ◽  
Asri

This study aimed at elaborating and identifying the law and the virtues of funeral prayer, the definition of absentee funeral prayer, the propositions of the inquiry of absentee funeral prayer, scholars’ opinions on the law of absentee funeral prayer, the ruling of absentee funeral prayer, time and distance limit in absentee funeral prayer, and the law of absentee funeral prayer on the victims of natural disasters. This study employed qualitative-descriptive method with normative approach techniques and library research. The result of the study shows that: (1) The law of absentee funeral prayer is permissible on the corpse that is not yet prayed on; (2) The ruling of absentee funeral prayer is the same as the ruling of funeral prayer; (3) There is no time limit for performing absentee funeral prayer on condition that the person dies at the time person who wants to perform prayer has been able to perform prayer; (4) The distance limit of absentee funeral prayer is the distance in which it is difficult to be visited by people who want to perform prayer; (5) The natural disaster victim, if his or her body is not found and is not yet prayed on, then he/she can be prayed on in absentia.


2021 ◽  
Vol 2 (3) ◽  
pp. 413-431
Author(s):  
Kasman Bakry ◽  
Zulfiah Sam ◽  
Jihan Vivianti Usman

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.


2018 ◽  
Vol 15 (2) ◽  
pp. 369
Author(s):  
Titis Anindyajati

Pada pokoknya, persekongkolan tender merupakan salah satu bentuk persekongkolan yang dilarang UU Nomor 5/1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat dan juga menjadi perkara yang paling sering diproses KPPU. Namun baik secara teoritis maupun praktik menimbulkan permasalahan yaitu karena adanya pemaknaan yang bias akan frasa “pihak lain” dalam Pasal 22 UU Nomor 5/1999. Hal inilah yang melatarbelakangi adanya pengujian Pasal 22 ke MK. Dalam penulisan ini yang dibahas yaitu bagaimana pengaturan persekongkolan tender menurut peraturan perundang-undangan, bagaimanakah implikasi yuridis Putusan Mahkamah Konstitusi Nomor 85/PUU-XIV/2016 tentang pengujian Pasal 22 UU Nomor 5/1999 serta bagaimana analisis hukum terhadap pertimbangan hukum Putusan MK tersebut. Penelitian ini menggunakan penelitian yuridis normatif dimana obyek penelitian ini adalah peraturan perundang-undangan dan Putusan MK. Dalam hal ini Penulis menyimpulkan, yaitu, Pertama, persekongkolan tender yang merupakan suatu bentuk kerja sama antara dua pihak atau lebih untuk menguasai pasar yang bersangkutan dan/atau memenangkan peserta tender yang mengakibatkan terjadinya persaingan usaha tidak sehat diatur secara eksplisit dalam Pasal 1 angka 8 dan Pasal 22 UU Nomor 5/1999 serta Peraturan KPPU Nomor 2/2010, Kedua, Implikasi yuridis Putusan MK Nomor 85/PUU-XIV/2016 bermanfaat untuk menjamin kepastian hukum dan keadilan bagi para pihak seperti pengusaha utamanya masyarakat. Untuk itu, perlu adanya harmonisasi antara satu peraturan dengan peraturan lainnya, pengujian UU terhadap UUD terkait pengaturan persekongkolan tender dalam persaingan usaha tidak sehat ataupun revisi terhadap UU Nomor 5/1999.Principally, tender conspiracy is one form of conspiracy that subjected by the Law No. 5/1999 on The Prohibition of Monopolistic Practices and Unfair Business Competition, and also as a type of case that frequently occurred and processed by the KPPU. However, in theory, and in practice, there are some issues that plague the regulation, because of the occurrence of bias and unclear interpretation of the phrases “other parties” contained in Article 22 of Law 5/1999. This interpretation issue then became the background in the petition for review of Article 22 to the Constitutional Court. This paper mainly discussed the regulation of tender conspiracy according to the existing Law, and also to study the juridical implications of Constitutional Court Decision Number 85/PUU-XIV/2016 concerning the review of Article 22 Law 5/1999. This paper also delves into the legal analysis of the court considered in the aforementioned Decision. This paper utilized the means of normative juridical research methodology, with the existing regulations and Constitutional Court Decision as the object of research. In the paper, the writer concludes that, first, tender conspiracy is a form of cooperation between one party or more to control particular market and/or to determine the awardees of tenders which may cause unfair business competition explicitly regulated in Article 1 number 8 and Article 22 Law 5/1999 and also the KPPU Regulation Number 2/2010, second, the juridical implications of Constitutional Court Decision Number 85/PUU-XIV/2016 was necessary in order to guarantee the equitable legal certainty and fairness toward all parties especially business practising citizens. Thus, there is a necessity to achieve harmony among these regulations, which can be obtained through the judicial review of laws against the Constitution concerning the regulations of tender conspiracy and by means of legislative revision toward Law 5/1999.


2021 ◽  
Vol 8 (1) ◽  
pp. 121
Author(s):  
Moh Zarkasi ◽  
Erie Hariyanto

Observing the phenomenon of the rise of online buying and selling with cash on delivery (COD) payment systems that are not following consumer satisfaction, this research aims to discuss the view of Sharia economic law in the process of online buying and selling with the COD payment system. This type of research is literature research, using qualitative descriptive methods. Its approach is through normative and empirical legal approaches in the form of case studies. The results of this study concluded that based on the propositions of the Qur'an and hadith and the opinions of fiqh scholars, basically doing business is allowed as long as there is no element of gambling, fraud, riba, gharar, and dharar. In the case of online buying and selling with the COD payment system, if the goods sold are halal, it is clear that the quality and quantity of goods are between those offered by the seller and those received by the buyer; the payment is no element of fraud and addition, except for the postage agreed at the beginning, then according to Sharia economic law, the law can (mubah). However, conversely, if the practice of buying and selling online with COD payments, there are elements of gharar (unclear goods), riba (additional price without replacement), tadlis (fraud), and dharar (danger) that have an impact on harming sellers or buyers, then the law is haram.


2015 ◽  
Vol 10 (2) ◽  
pp. 153
Author(s):  
Arif Sharon Simanjuntak

Tujuan penelitian ini untuk menganalisis kepercayaan masyarakat terhadap kinerja hakim konstitusi berdasarkan putusan yang saling bertentangan tersebut. Digunakan pendekatan yuridis sosiologis. Metode penelitian yang digunakan adalah metode deskriftif-kualitatif. Teknik pengumpulan data dilakukan dengan wawancara dan observasi serta studi pustaka. Untuk memeriksa objektifitas dan keabsahan data dilakukan dengan teknik triangulasi data. Hasil penelitian menemukan kepercayaan masyarakat masih tinggi terhadap kinerja hakim konstitusi. Namun, putusan bertentangan yang dikeluarkan oleh Mahkamah Konstitusi menimbulkan kekacauan konstitusional. Akan tetapi tidak ada aturan yang melarang Mahkamah Konstitusi untuk membuat putusan yang bertentangan. Dalam meningkatkan kepercayaan masyarakat Mahkamah Konstitusi harus menjaga transparansinya, meningkatkan kualitas putusan dan integritas hakim. Persepsi atau tingkat kepercayaan masyarakat dapat menjadi faktor pendorong untuk menghilangkan eksistensi sebagai hakim konstitusi bila masyarakat menemukan hakim konstitusi melanggar kode etik dan melakukan tindakan melawan hukum.<br /><br /><em>This research addressess to analyze social trust towards constitutional court judge performance based on contrary constitutional court verdict. This research applies descriptive- qualitative research methodology with socio-legal approach. Observation, interview and documentation methods use to collect data or information. This research found that constitutional court still procure the social trust. However, contrary verdict which issued by constitutional court made a disorder constitution. But there is no regulation to ban the constitutional court issued contrary verdict. To increase the social trust, constitutional court should be transparent, increase the verdict quality and keep the judge integrity well. Perception or social trust can be a stimulation to nullified judges existence if they found that constitutional court judges break the law and disobeyed constitutional judges code of conduct.</em>


2018 ◽  
Vol 23 ◽  
pp. 53-66
Author(s):  
Mohd Mahyeddin Mohd Salleh ◽  
Irwan Mohd Subri

This article discusses the use of animal bones in bone China products from halal and haram perspective. The main problem of the study due to the public confusion as a result of the difference views on halal and haram status of bone China products. The objectives of the study are to analyze the Shariah’s view and current fatwa on the law of utilizing animal bones, thus proposing a halal legal solution to the issue studied. The qualitative research methodology was used in this study through two approaches which are document analysis and interview. The study found that the cattle bones were the raw ingredients used by most of the bone China’s manufacturers. The analysis of fuqaha views found that only halal animal bones which has been slaughtered according to Shariah law were agreed to be halal (permissible), while pork bones was agreed to be haram (prohibited). However, there are disagreements among Islamic scholars for the bones of carcasses other than pigs. This arising from their difference interpretation on Shariah's arguments comprising the Qur'an, hadith, qiyās and maslahah. In the case of using animal bones in bone China products, the fatwa that permitted its use is found to be stronger, provided that it is not susceptible to pigs, based on the theory of transformation through burning (istiḥālah bi al-iḥrāq). However, among halal alternatives to bone China are clay and melamine-based products which are found to be stronger and cheaper than bone China.


Author(s):  
Mykola Nesprava ◽  
Mykhailo Rizak ◽  
Vladlen Volkov ◽  
Oksana Voluiko ◽  
Yevhenii Skrypa

The objective of the article is to reveal the main foundations of human creation enshrined in Christian doctrine, which serve as axiological guidelines for the elaboration of laws, providing a humanistic content of the law. The research methodology is based on dialectical, formal-dogmatic, sociological, comparative-legal and documentary methods. The results of the study demonstrate that theocentrism and anthropocentrism are not opposed to each other in Christianity, but rather are combined into an integrated theological and anthropological picture of a man. Considering this prism of legal consciousness as a reflection of the supreme law of God, the authors refute the secular-positivist view of "homo juridicus" as a soulless subject of law and emphasize the role of the Gospel commandments as a guide. for the elaboration of laws. It is concluded that the Christian vision of the synergistic interaction of the human being and the legislator through the unity of three incarnations: "homo spiritus" - "homo sapiens" - "homo juridicus" indicates the values, which are designed to ensure humanization of the law through the humanization of social relations in general.


Scientax ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 184-202
Author(s):  
Rinaningsih

Tax revenues paid by taxpayers are the main source of state revenue at this time. Individual and corporate taxpayers owed tax in Indonesia are spread throughout the territory of Indonesia. However based on the data, the tax ratio of each province is vary. Therefore, in this paper we will discuss whether the existing tax regulations are in accordance with the existing conditions.This study uses a qualitative descriptive method. Based on the research, due to the principle "can be implemented" in the Law of the Republic of Indonesia Number 12 of 2011, several current tax regulations have been formulated without considering existing conditions namely   the geographical conditions of various tax offices’s work areas, the uneven availability of the internet in each region along with the unsupported behavior of internet users for electronic services,  and  unavailability of the postal services in some villages.  Those make taxation regulations difficult to be implemented in all regions of Indonesia  and do not support the optimum collection of taxes in all regions of Indonesia. The aim of the research is to provide recommendations to the DGT to improve the tax regulations to a better level.


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