scholarly journals ANALISIS UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PEMBERIAN GANTI RUGI ATAS PROYEK PENGADAAN TANAH UNTUK KEPENTINGAN UMUM PERSPEKTIF HUKUM ISLAM

Hukum Islam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 58
Author(s):  
Chamim Tohari
Keyword(s):  
Comparative Analysis ◽  
Islamic Law ◽  
Research Library ◽  
Analysis Method ◽  
Structure Development ◽  
Library Research ◽  
General Importance ◽  
Research Type

This research focused to analyze arrangements about implementation of the loss subtitution gift for a land deliverance in the process of the land supplying which is attached in Indonesian‟s Contitution Number 2 Year 2012 in the perspective of Islamic Law. The problem which will answered in the research is about the arrangements is it according to the concept of the loss subtitution gift in Islamic law? The research is a normative law research library research type which is use a comparative analysis method as a method used to supply the answer of the problem in the research. The results of the research there are: First, in the perspective of fiqh problem in the research. The results of the research there are: First, in the perspective of fiqh importance reconstruction has been according to the concept of kafâlah in the conference and the loss substitution gift stage when agreement about the amount of the loss substitution reached . However in the next stage when the owner of land do not agree about amount of the loss substitution gift, the constitution has not been according to the concept ot kafâlah particularly, and the principles of the fiqh muamalah generally. Second, based on the fiqh siyasah perspective, the constitution can be concluded that it has been according to the principles of fiqh siyasah. Because the infra structure development for the general importance has been relevance to the maslahah of the citizen and the nation. Based on this argument, all of the citizen of Indonesia have to obey the constitution for the maslahah realization.

scholarly journals Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia

2020 ◽  
Vol 19 (2) ◽  
pp. 303-318
Author(s):  
Ahmad Edwar
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Analysis Method ◽  
Law System ◽  
The Third ◽  
Library Research ◽  
Content Analysis Method ◽  
The Law ◽  
Definition Of ◽  
Islamic Marriage

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation

scholarly journals PRINSIP SALING TOLERANSI (TASAMUH) PADA RESTORAN ALL YOU CAN EAT MENURUT PERSPEKTIF ISTIHSAN

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Umi Atia Hanik
Keyword(s):  
Data Reduction ◽  
Research Method ◽  
Qualitative Approach ◽  
Data Sources ◽  
Research Library ◽  
Analysis Method ◽  
Data Presentation ◽  
Library Research ◽  
Mutual Tolerance

This study aims to determine the principle of mutual tolerance (tasamuh) in the all you can eat restaurant from the istihsan perspective. The research method used in this research (library research) is a qualitative approach. The data sources of this research are books and journals that are analyzed using the Miles and Huberman analysis method which includes three lines, namely data reduction, data presentation and drawing conclusions or verification. The results of this study conclude that the principle of mutual tolerance (tasamuh) in all you can eat restaurant according to the istihsan perspective is allowed based on ‘urf because it has become a habit of today’s society which will be difficult to avoid but still we should not go to waste in taking food because it is hated by god.Keywords: Buying and Selling, tasamuh, istihsan

scholarly journals FIQIH RATIONAL ABOUT ZAKAT AND IN GRANTS COMPILATION OF SHARIA ECONOMIC LAW (KHES)

2019 ◽  
Vol 2 (1) ◽  
pp. 74-90
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Measuring Instruments ◽  
Economic Welfare ◽  
Analysis Method ◽  
Analysis Techniques ◽  
Economic Law ◽  
Library Research ◽  
The Right ◽  
Research Type

This study aims to determine the rational fiqh about zakat and grants in the Compilation of Sharia Economic Law (KHES). This research method uses a qualitative concept, with a normative juridical approach in concreto and legal synchronization, while the Risert library research type (literature) and data analysis techniques use the contents analysis method with the benefit of measuring instruments. The result is that zakat and grants have an important role in life berketuhanan, community and state, in the science of fiqh propulsion has maqashid hifzu al-Maal (memlihara treasure) for the sanctity of property, the soul also keep the despicable nature for the benefit of the afterlife, so that the sacred property of property other people. Zakat and grants are compulsory logging and circumcision, both of which are dimensions of good deeds, namely the dimensions of worship, social and economic. Awareness of the ummah in performing zakat, as well as the idolatry that is given to the authorized institution to manage and distribute it, while implementing regulations as a provision in accordance with KHES Article 684 that the State has the right to withdraw zakat and penalties for people who are reluctant to pay zakat, this can improve economic welfare the ummah and significantly reduce poverty.  

Analisis Yuridis Terhadap Putusan Yang Mengabulkan Gugatan Perceraian Disebabkan Konflik Suami dan Istri (Studi Putusan Nomor 2612/Pdt.G/2017/Pa.Bks).

2021 ◽  
Vol 12 (1) ◽  
pp. 1-13
Author(s):  
Umayah - ◽  
Agus Supriyanto
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Basis ◽  
Analysis Method ◽  
Library Research ◽  
The Republic ◽  
Case Number ◽  
Material Requirements

The purpose of this study was to find out the legal basis for divorce due to husband and wifeconflict and to find out the judge’s consideration in granting a divorce suit in case Number 2612 /Pdt.G / 2017 / PA.Bks). This research is library research with a normative juridical approach, usingthe descriptive analysis method. The results of this study are that due to the dispute, Plaintiff feelsuncomfortable in his household relationship with Defendant. Therefore, judges realize legal protectionfor Indonesian citizens, especially women, namely in Law Number 23 of 2004 Article 1 Paragraph (1),Compilation of Islamic Law Article 132 Paragraph (1) and Government Regulation of the Republic ofIndonesia Number 7 of 1975 Article 20 Paragraph (1) concerning the implementation of Law Number7 of 1974 concerning Marriage. From the findings data, it is analyzed that the judge’s decision ingranting the lawsuit is because the lawsuit submitted has met the formal and material requirements aswell as the facts that were revealed in the trial.

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 Perbandingan Hukum Kewarisan Mawâni’ Irtsi dan Dzaw Al-Arham dalam Kompilasi Hukum Islam dan Undang-Undang Waris Mesir

TAJDID ◽  
2021 ◽  
Vol 28 (1) ◽  
pp. 141
Author(s):  
Hasan Bisri ◽  
Ayi Ishak Sholih Muchtar
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Analysis Method ◽  
Inheritance Law ◽  
Men And Women ◽  
Library Research ◽  
Content Analysis Method ◽  
The Times ◽  
Local Traditions ◽  
Inheritance Laws

This study aims to compare the inheritance law in Egypt with the existing inheritance law in the compilation of Islamic law in Indonesia. More specifically, this comparative study focuses on the issue of mawani’ irtsi (barrier of inheritance) and inheritance of dzaw arham (relatives of male or female). This is a qualitative research based on library research. The content analysis method is used to describe mawani’ irtsi and dhaw arham in the inheritance laws of Egypt and Indonesia. The results of this study indicate differences between the inheritance laws of Egypt and Indonesia; first: the compilation of Indonesian inheritance law always adjusts to the times, while the Egyptian inheritance law is still traditional by maintaining the views of classical scholars. This is evident when it explained one barrier to inheritance namely religious differences; second: Indonesian inheritance legal material explored classical books, studied modern legislation, and observed local traditions. This can be seen when it explained that men and women get the same share as long as the basis of their agreement. While Egyptian inheritance laws do not take into account modern legislation and do not adopt local traditions; third: the material description in the compilation of inheritance law in Indonesia is concise and sometimes general in nature while the description of the material inheritance law of Egypt is more detailed. This is seen when it explained one of the barrier of inheritance is intentionally killing an heir. In the inheritance law of Egypt, it is explained in detail about types of killings which are a barrier to inheritance, while in the compilation of Indonesian inheritance law is explained in general.

scholarly journals Tabungan Emas dalam Tinjauan Hukum Islam (Studi Kasus di Pegadaian Syariah Cabang Pinrang)

2020 ◽  
Vol 1 (4) ◽  
pp. 673-691
Author(s):  
Khaerul Aqbar ◽  
Aswar Aswar ◽  
Muh. Sepriadi
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Research Library ◽  
Research Approach ◽  
Research Results ◽  
Library Research ◽  
Qualitative Descriptive ◽  
Security Price

This study aims to determine the practice of product contracts and a review of Islamic law on gold savings products in Sharia pawnshops. The research method used a field research approach (filed reaserch) which was qualitative descriptive, and data collection was obtained through observation, interviews and library research (library reaserch), and the research locus was carried out at the Pinrang Syariah Pegadaian Branch. The research results found that; First, regarding the practice, the Pinrang Branch of the Sharia Pegadaian provides many facilities for customers who want to start investing in gold. In addition, Pegadaian Syariah also offers products in the form of Gold Savings, which is a gold buying and selling service with deposit facilities. As for the process of liquidating (selling) gold, it is carried out in two ways, namely by reselling it if the customer wants cash and printing if the customer wants it in the form of gold bullion. Second, the Gold Savings scheme in Sharia Pawnshops is a problematic contract because one of the contracts has an element of usury, to be precise in the murabahah contract, where scholars have different opinions about its abilities. Jumhur ulama agree on the prohibition (because some scholars from syafi'iyyah and malikiyyah argue that gold is included as ṡaman (price, means of payment, money) which cannot be exchanged in installments, because it causes usury and must be done in cash at the time of the contract. Third, DSN MUI and other contemporary scholars consider that the sale and purchase of gold / murabahah gold is permissible both in cash and credit as long as they are not intended as security (price) but sil'ah (goods).

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 Perkawinan Dalam Perspektif Tasawuf

2021 ◽  
Vol 3 (2) ◽  
pp. 290-307
Author(s):  
Azhar Azhar ◽  
Putri Amelia
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Divorce Rate ◽  
Research Library ◽  
Marriage Law ◽  
Reading Material ◽  
High Divorce Rate ◽  
Library Research ◽  
The Government ◽  
Islamic Marriage

This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia. Keywords: Marriage law, Sufism

scholarly journals Khalil ‘Abd Al-Karim Thought In Embodying Wasathiyyah In Muslim Indonesia To Prevent Radicalism.

2021 ◽  
Vol 1 (1) ◽  
pp. 9-17
Author(s):  
Ahmad Dliyaul Mubarok ◽  
Dzikra Junainawan ◽  
Falahi Ikmal
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Analysis Method ◽  
Library Research ◽  
Sensitive Issues

Radicalism on Muslims in Indonesia can be seen through 22 websites that contain content of radicalism. Those sites indicated teach violence and hatred against different groups, easily declared someone or a group as an apostate, spread the message of radical jihad and expand the sensitive issues such as ethnicity, religion, race and intergroup (SARA). This paper is library research using the descriptive analysis method to describe the thought of Khalil 'Abd al-Karim in realizing the wasathiyyah to Indonesian Muslims to prevent radicalism. Those notions are contextualist, flexible, no easy to declare someone or some group as apostate, and prioritize prosperity for all being. Every Muslim should preserve unity by holding fast to the god’s bond (religion) and not being divided into small fractions. The renewing concept of the Islamic law is expected to transform Indonesian Muslims to become moderate by applying the wasathiyyah (middle) concept. To create peace, justice, and spread attachment (rahmat an li al-'alamin) the concept wasathiyah is needed.

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