scholarly journals Kedudukan Ahli Waris Pengganti (Plaatsvervulling) Dalam Memperoleh Harta Waris Menurut Hukum Islam

2021 ◽  
Vol 7 (1) ◽  
pp. 450
Author(s):  
Mohamad Mirzalino Safryan Dilapanga ◽  
Desti Astati ◽  
Eva Nurjannah

Introduction to the Problem: Substitute heirs have problems in the form of their implementation in Islamic Law which is rooted in the unclear existing rules, this is based on the status of the successor heirs in obtaining inheritance rights from heirs who have died are not known in the type of inheritance distribution. In Islam, as the successor heir still has direct blood ties (nasab), siblings, and partners in the marriage bond (husband / wife) of the deceased heirs. know clearly and completely, regarding the position of a substitute heir fundamentally in obtaining the inheritance obtained from the rights of a person who has died. Design / Methodology / Approach: Through KHI as tangible as Presidential Instruction No.1 of 1991 contains provisions regarding the position of the successor heirs, so that it becomes the basic instrument for the author in determining legal rules and forms of legal rules for replacement heirs in terms of distribution of appropriate inheritance with Islamic law. Findings: In their existence incapable of not being able to provide a more detailed form of clarity regarding the position of the successor heir which has the character of "Uncertainty" because it contains Tentantive elements and does not provide an absolute position for the successor heirs. Type: Research Articles

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling


2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.


Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.


2004 ◽  
Vol 21 (4) ◽  
pp. 131-133
Author(s):  
Mohammed Rustom

An Introduction to Islam by David Waines consists of three parts:“Foundations,” “Islamic Teaching and Practice,” and “Islam in the ModernWorld.” The author begins by characteristically painting the picture of pre-Islamic pagan Arabia on the eve of Islam’s advent. He discusses the role andsignificance the pre-Islamic Arabs accorded their pantheon of deities, as wellas the (largely inherited) moral codes that governed their conduct in tribalsociety. Waines neatly ties this into what follows, where he discusses thebirth of Prophet Muhammad, the event of the Qur’an’s revelation, and theopposition he encountered from his fellow tribesmen in Makkah. This is followedby an analysis of the Qur’an’s significance, its conception of divinity,and the content and importance of the Hadith as a source of guidance forMuslims. The section is rounded off with examinations of such topics as the first period of civil strife (fitnah) after the Prophet’s death and the interestingbody of literature devoted to Muslim-Christian polemics in earlymedieval Islam.The transition from the first part of the book to the second part is ratherfluid, for the second part is essentially an elaboration of the themes discussedin the first. With remarkable ease and accuracy, the author elucidatesthe historical development and main features of Islamic law in both its theoryand practice. Returning to his earlier discussion on the Hadith, here hebriefly outlines how its corpus came to be collected. Readers unfamiliar withthe main theological controversies that confronted Islam in its formativeyears (e.g., the problem of free will and the status of the grave sinner) willfind the section devoted to Islamic theology fairly useful.Waines goes on to explain some of the principle Mu`tazilite andAsh`arite doctrines, and outlines some of the ideas of Neoplatonic Islamicphilosophy, albeit through the lenses of al-Ghazali’s famous refutation.Surprisingly, the author does not address any of the major developments inIslamic philosophy post-Ibn Rushd, such as the important work of theIshraqi (Illuminationist) school (incidentally, the founder of this school,Shihab al-Din Suhrawardi, was a contemporary of Ibn Rushd). The last twochapters are devoted to Sufism and Shi`ism, respectively. Although Wainesdoes misrepresent Ibn al-`Arabi’s metaphysics of Being by calling it a “system”(pp. 153 and 192), on the whole he presents the Islamic mystical traditionin a refreshing and informed manner. His section on Shi`ism is splendid.It is written with considerable care, and he effectively isolates the mainthemes characteristic of Twelver Shi`ite thought and practice.In the third and longest part of this work, Waines incorporates IbnBattutah’s travel accounts into the book’s narrative. This works very well, asit gives readers a sense of the diverse and rich cultural patterns that wereintricately woven into the fabric of fourteenth-century Islamic civilization.After reading through the section, this present reviewer could not help butmarvel at how the observations of a fourteenth-century traveler and legaljudge from Tangiers could so effectively contribute to a twenty-first centuryintroductory textbook on Islam. Additionally, Waines takes readers throughsome of the essential features of the three important “gunpowder” Muslimdynasties, devotes an interesting discussion to the role played by the mosquein a Muslim’s daily life, and outlines some of its different architectural andartistic expressions throughout Islamic history ...


1958 ◽  
Vol 52 (2) ◽  
pp. 260-279 ◽  
Author(s):  
Kenneth S. Carlston

It is the purpose of this article to investigate the status of concession agreements in the light of the rules of international law bearing on the power of a state to nationalize property. It is a continuation of an earlier article which explored the nature and function of the concession agreement in the national and international economies. The first article rested on the assumption that legal rules could not be fully understood or evaluated without a fairly clear understanding of the social facts which they were designed to regulate.


2014 ◽  
Vol 31 (4) ◽  
pp. 10-13 ◽  
Author(s):  
Sharon Q. Yang

Purpose – This study aims to ascertain the trends and changes of how academic libraries market and deliver information literacy (IL) on the web. Design/methodology/approach – The author compares the findings from two separate studies that scanned the Web sites for IL-related activities in 2009 and 2012, respectively. Findings – Academic libraries intensified their efforts to promote and deliver IL on the web between 2009 and 2012. There was a significant increase in IL-related activities on the web in the three-year period. Practical implications – The findings describe the status quo and changes in IL-related activities on the libraries’ Web sites. This information may help librarians to know what they have been doing and if there is space for improvement. Originality/value – This is the only study that spans three years in measuring the progress librarians made in marketing and delivering IL on the Web.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.


2016 ◽  
Vol 16 (4) ◽  
pp. 709-725 ◽  
Author(s):  
Nils M. Høgevold ◽  
Göran Svensson

Purpose The purpose of this paper is to frame the development and directions of business sustainability efforts. Design/methodology/approach A qualitative study was undertaken with respect to a convenience sample of reputable companies in Norway, which have implemented significant business sustainability efforts within their organisations, their business networks, the marketplace and in the society, beyond the level of mere compliance. Findings Different directions are associated with the development of corporate efforts in connection with business sustainability. Business sustainability efforts are not static, but dynamic and based upon continuous flexibility to changes and adaptations over time. Research Limitations/implications The current study highlights the need for further research into the development and directions of corporate efforts in connection with business sustainability in the marketplace and society. A key suggestion for further research is to further explore the existence of other directions. Practical Implications The directions reported, provide a framework to assess the development or the status of companies’ business sustainability efforts in the marketplace and society. Corporate efforts in connection with business sustainability develop over time as experiences are gained and personal impressions move the identified directions forward. Originality/value This study contributes to seven interconnected directions of corporate efforts in connection with business sustainability that are both relevant and potentially fruitful to both scholars and practitioners.


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