scholarly journals Fiqh of Budgeting: Study of Management of the State Budget for People's Welfare in the Perspective of Maqâshid al-Shari'ah

AL- ADALAH ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 177-206
Author(s):  
Maghfur Ahmad
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The State ◽  
Literature Study ◽  
State Budget ◽  
Law And Politics ◽  
The Poor ◽  
The People ◽  
Library Resources ◽  
Main Basis

The budget plays an important role, both in Islamic political fiqh discourse and in the national constitutional dictum. However, hegemony of capitalism has implications for the low state budget that is allocated to meet the needs of the poor. Budgeting policies are considered to be more in favor of the interests of investors than for the people welfare. This study aims to explore the repertoire of Islamic law in managing the state budget in a participatory manner for people's welfare. Through qualitative research, this study relies on library resources that contain management of the state budget in the budgetary fiqh narrative and the maqâshid al-shari'ah as the main basis of this literature study. The results of this study reveal that the state has an obligation to prosper the people. In a fiqh perspective, the mandate to serve people's needs require a participatory mechanism. Community participation in assessing the basic needs of the people can guarantee the state budget plan for effective and targeted development. In addition, the basic rights of citizens regarding education, economy, culture, law and politics are guaranteed as part of the implementation of the principles of the maqâshid al-shari'ah in the management of the state budget.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

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.

scholarly journals PERBANDINGAN HUKUM PAJAK DAN ZAKAT MENURUT SYARIAH DAN NEGARA

2020 ◽  
Vol 3 (1) ◽  
pp. 38-50
Author(s):  
Fatmawati Zahroh ◽  
Harkaneri Harkaneri
Keyword(s):  
Islamic Law ◽  
The State ◽  
Literature Study ◽  
State Budget ◽  
Large State ◽  
Positive Law ◽  
State Expenditure ◽  
Similarities And Differences ◽  
The Government ◽  
State Expenditures

ABSTRACT This article describes how to compare tax and zakat law from the perspective of sharia (Islamic law) and state (positive law). There are many similarities and differences between this tax and zakat, in terms of both collectors and collectors. According to article 1 of the 2009 KUP Law on taxes and Law No. 23 of 2011 concerning zakat and its management. This article uses the literature study method to compare and describe existing legislation as well as some differences between tax and zakat. With the results and discussion that actually this tax and zakat if synergized will become two very large state revenues so that they can finance state expenditures, but this state expenditure will be divided into routine expenditures and expenditures for people who are unable to meet the obligations of a muzakki (compulsory zakat) to mustahik (recipient of zakat). If synergized like that, the amil zakat and the government must be observant in differentiating these expenditures to be channeled to those who are entitled to and expenditures as appropriate for the State Budget.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

scholarly journals Zakat dan Upaya Mengentaskan Kemiskinan

2019 ◽  
Vol 14 (1) ◽  
pp. 40-47
Author(s):  
Nurwati Nurwati ◽  
Heni Hendrawati
Keyword(s):  
Poverty Alleviation ◽  
Economic Prosperity ◽  
Literature Study ◽  
Study Approach ◽  
The Poor ◽  
The People ◽  
The Social ◽  
The Impact

The purpose of this study is to analyze the impact of zakat utilization on the effort of poverty alleviation. This study was conducted through a literature study approach. The results indicate that the utilization of zakat is increasingly visible in its contribution to support the government's efforts to poverty alleviation. The zakat was focused on the poor and allocated to the social humanitarian and education sectors. The implication of this finding is that the optimization of the potential of zakat will be able to bring economic prosperity to the people which is certainly encouraged by the participation of all elements of the nation

scholarly journals TULAK BALA SEBAGAI TRADISI MASYARAKAT ACEH DALAM MENGHADAPI VIRUS CORONA

2020 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Teuku Amnar Saputra ◽  
Zuriah Zuriah
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Historical Perspective ◽  
Islamic Law ◽  
Phenomenological Approach ◽  
Data Presentation ◽  
Cholera Epidemic ◽  
Corona Virus ◽  
The People

In responding to the corona virus outbreak, each region has a different way. Aceh, which is identical to Islamic law, also has a different way of dealing with the Corona Virus Outbreak. One of the ways that the Acehnese people do is to revive the Tulak Bala tradition. This study aims to examine how an outbreak is in the historical perspective of the Acehnese people and how the Tulak Bala Tradition is carried out by the people of Aceh in dealing with the Corona Virus. This type of research is qualitative research with a phenomenological approach. Data collection was carried out by means of observation, documentation and interviews and data presentation was carried out descriptively. The results showed that an epidemic was not something new for the people of Aceh. The epidemic has occurred since the 2nd Dutch aggression with the spread of a cholera epidemic that killed many people. The Tulak Bala tradition carried out by the people of Aceh is a tradition that has been passed down from generation to generation to its predecessors. This tradition does not believe that it can prevent and eliminate all forms of plague and calamity. The people of Aceh believe that the plague is an offering of Allah SWT so that to be able to deal with it, they must ask for help from the Creator.Keywords: Aceh Community, Tradition, Tulak Bala, and Corona Virus.

scholarly journals The Mughal Administration of Justice: An Appraisal

2020 ◽  
Vol V (III) ◽  
pp. 43-50
Author(s):  
Bakht Munir
Keyword(s):  
Qualitative Research ◽  
Social Welfare ◽  
Research Methodology ◽  
Indian Subcontinent ◽  
The State ◽  
The People ◽  
Administration Of Justice ◽  
Qualitative Research Methodology ◽  
History Of

In the history of the Indian subcontinent, the claims that the science of administration of justice reached its apex during the period of the Great Mughals are critically investigated in this paper. Though the Mughals initiatives were oriented to public and social welfare, their absolute authority over the state cast shadows on the system they introduced, one of which was administration of justice. With the help of qualitative research methodology, this article examines whether the Mughal system of administration was meant to dispense with justice and uphold welfare of the people or it was just a replica of the police state where sovereignty was exercised in a dictatorial manner.

scholarly journals Rethinking the Option of Violence in Politics and the Fate of Tiberius Gracchus

2019 ◽  
Vol 8 (3) ◽  
pp. 25-31
Author(s):  
Gill Oluwatosin Adekannbi
Keyword(s):  
The State ◽  
Common People ◽  
Moral Question ◽  
Political Conflicts ◽  
The Poor ◽  
The People ◽  
Political Expediency ◽  
Interpretive Approach ◽  
Potential Benefits ◽  
The Common

The killing of Tiberius Gracchus along with hundreds of his supporters in factional violence has left an imprint of moral controversy. When perpetuated by the aggrieved or oppressed masses, violence is seen as an act of aggression or rebellion. However, it tends to be termed political expediency when initiated by the ruling power or its agency. Using interpretive approach, this paper sets aside justifying the murdering of Tiberius as removal of a potential tyrant who was causing public disturbance. The research, after highlighting how violence became imminent when other legitimate efforts at resolving political conflicts failed, shifts to the moral question arising from resorting to violence as the ultimate tool for achieving a political goal. Corrupt members of the Roman Senate and their supporters would share the view: ‘so perish also all others who do such things’. However, the paper notes the benefits of Tiberius’ agrarian reforms to the poor citizens and the potential benefits of the changes to the state. The conclusion is: the champion of the people had acted well enough but inconclusively to reach his goals. It remained for him and his supporters to stand against being outmaneuvered by the corrupt politicians. If violence had been used by Tiberius and his followers against the senate to succeed, the common people would have declared this as both morally justifiable and politically expedient. Hence, it is theorised that, when moral questions are unanswered in politics, violence looms and no one may have the monopoly of it.

scholarly journals Kewenangan Mahkamah Konstitusi sebagai Negative Budgeter dalam Pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara

2018 ◽  
Vol 14 (4) ◽  
pp. 728 ◽  
Author(s):  
Mei Susanto
Keyword(s):  
Judicial Review ◽  
The State ◽  
Constitutional Court ◽  
State Budget ◽  
The People ◽  
Conceptual Study ◽  
The Guardian

Doktrin Mahkamah Konstitusi (MK) yang dahulu dipercaya hanya sebagai negative legislature telah bergeser menjadi positive legislature. Menjadi pertanyaan, apakah doktrin MK sebagai negative legislature maupun positive legislature, dapat pula dimaknai sebagai negative budgeter dan positive budgeter dalam pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara (UU APBN). Berdasarkan hasil kajian konseptual dan pendalaman terhadap beberapa putusan MK dalam pengujian UU APBN, secara nyata dan dalam keadaan tertentu, doktrin MK sebagai negative legislature dapat dimaknai sebagai negative budgeter dalam bentuk pernyataan mata anggaran tertentu dalam UU APBN bertentangan dengan UUD 1945. Bahkan dapat pula dimaknai sebagai positive budgeter karena MK juga mengharuskan pemerintah dan DPR untuk menambahkan mata anggaran tertentu dalam UU APBN. Hal tersebut tidak lain sebagai bentuk diakuinya supremasi konstitusi, sehingga MK yang berperan sebagai the guardian constitution harus menjaganya. Apalagi dalam UUD 1945 terdapat pasal yang spesifik menyebut batas minimal anggaran pendidikan 20% dan pasal-pasal lain yang mengharuskan APBN harus dipergunakan untuk sebesar-besarnya kemakmuran rakyat.The doctrine of the Constitutional Court which was previously believed to be only as a negative legislature has shifted into positive legislature. The question, is the doctrine of the Constitutional Court as a negative legislature and a positive legislature can also be interpreted as a negative budgeter and a positive budgeter in the judicial review of the State Budget Law. Based on the result of conceptual study and deepening of several decisions of the Constitutional Court in the judicial review of the State Budget Law, in real and in certain circumtances, the doctrine of the Constitutional Court as a negative lagislature can be also interpreted as a negative budgetary in the form of specific budget items in the State Budget Law contradictory to the 1945 Constitution. Also as a positive budgeter because the Constitutional Court requires the executive and the legislative to add a specific budget in the State Budget Law. It is a form of recognition of constitutional supremacy, so that the Constitutional Court can role as the guardian constitution. Moreover in the 1945 Constitution there is a specific article that mentions the minimum limit of 20% education budget and other articles that require the state budget should be used for the greatest prosperity of the people.

scholarly journals TRADISI MERASI DALAM ADAT PERKAWINAN MELAYU RIAU (STUDI ANALISIS TERHADAP PENENTUAN KAFAAH CALON PENGANTIN DI KELURAHAN BAGAN BATU)

2016 ◽  
Vol 2 (2) ◽  
pp. 179
Author(s):  
Rahmat Pulungan
Keyword(s):  
Data Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Analysis Techniques ◽  
The People ◽  
Religious Understanding ◽  
The Way

<em>Kafaah aims to create harmony and balance in marriage. Criteria of kafaah in jurisprudence according to scholarly is nasab, wealth, beauty, diyanah, hirfah and self independence. The problem that occurs is when determining kafaah in Bagan Batu, the Malay community has its own way in the process or determine kafaah, they carry the tradition called merasi to ensure compatibility between their children who will carry out the marriage. The main problem to be answered through this research is to determine how the process of merasi in determinig kafaah conducted by Malay community in Bagan Batu, what is the purpose of this tradition and how the views of Islamic law against the tradition. The purpose of this study: 1). To know the procedures of merasi tradition 2). To find out the purpose of merasi in determining kafaah 3). To find out the views of the Islamic law in the determination of kafaah through merasi process undertaken by the community of Bagan Batu , Bagan Sinembah ,Riau Province. The research is a field research that is descriptive qualitative. In the collection of necessary data, the author uses interview and observation techniques. While in the data analysis techniques, used qualitative method that describe the situation on the ground systematically. The results of this research is merasi tradition that conducted by people in Bagan Batu by combining both the name of the bride, and the progenitor will predict the state of their household after marriage. The way of this merasi may vary according to the progenitor who will perform it. Whereas the purpose of this merasi to reduce the disadvantages and for the achievement of the benefit in marriage. Merasi tradition in determining kafaah that happened inBagan Batu may be accepted and enforced. Because, during the process nothing contrary to Islamic law, also aimed to benefit of the people. In fact, before merasi the progenitor will ask the religious understanding of the bride, and it is also used as a basic foundation for determining the kafaah between the couple.</em> Kafaah bertujuan untuk menciptakan keserasian dan keseimbangan dalam perkawinan. Kriteria kafaah dalam fiqih menurut jumhur ulama ialah nasab, kekayaan, kecantikan, diyanah, hirfah, dan kemerdekaan diri. Permasalahan yang terjadi adalah saat menentukan kafaah, di Kel. Bagan Batu, para masyarakat Melayu mempunyai proses atau cara tersendiri dalam menentukan kafaah, mereka melaksanakan tradisimerasi untuk memastikan keserasian antara anak mereka yang akan melaksanakan perkawinan. Masalah penelitian ini adalah bagaimana proses merasi dalam menentukan kafaah yang dilakukan masyarakat Melayu di Kel. Bagan Batu, apa tujuan dari tradisimerasi dan bagaimana pandangan hukum Islam terhadap tradisimerasi tersebut. Riau. proses merasi yang dilakukan masyarakat Bagan Batu yaitu dengan cara menggabungkan kedua nama calon mempelai, dan datuk yang bersangkutan akan meramal keadaan rumah tangga mereka setelah menikah. Cara merasi ini beragam metodenya sesuai dengan datuk yang akan mem-faal. Sedangkantujuan dari merasi ini untuk mengurangi kemudharatan dan demi tercapainya kemaslahatan dalam pernikahan. Tradisimerasi dalam penentuan kafaah yang terjadi di Kel. Bagan Batu ini boleh diterima dan diberlakukan. Karena, selama proses merasi tidak ada hal yang bertentangan dengan hukum Islam yang juga menginginkan kemaslahatan umat. Bahkan, sebelum merasi para datuk akan menanyakan pemahaman agama para calon pengantin, dan hal ini juga dijadikan sebai landasan dasar dalam menentukan kafaah antara pasangan tersebut.

scholarly journals SEDULANG SETUDUNG

2020 ◽  
Vol 24 (2) ◽  
pp. 130-139
Author(s):  
Hariadi Hariadi ◽  
Silvia Devi ◽  
Yulisman Yulisman ◽  
Firdaus Marbun
Keyword(s):  
Qualitative Research ◽  
Descriptive Analysis ◽  
Literature Study ◽  
Government Officials ◽  
The People ◽  
The Village

This paper explains the Sedulang Setudung Tradition in Gelebak Dalam Village, Rambutan District, Banyuasin Regency, South Sumatera Province. This tradition is still being preserved by the Gelebak Dalam community in the midst of the modernization era. Given the importance of values ?? contained in Sedulang Setudung tradition, the term "Sedulang Setudung" becomes the motto of Banyuasin district which was formed based on Law number 6 of 2002. This was qualitative research. The data were collected by conducting a literature study, having observation and interviews. The research was done in 2019. The informants included government officials, cultural observers, and religious figures. The data obtained were presented in a descriptive analysis. The findings of this study indicated that the Sedulang Setudung tradition carried out in the village mosque is a development of the alms tradition and the act of togetherness of the people in Gelebak Dalam Village. The Sedulang Setudung tradition is carried out in order to celebrate holidays and commemorate religious holidays.

Sign in / Sign up

Export Citation Format

Share Document