Mining-Trading Cryptocurrency dalam Hukum Islam

2018 ◽  
Vol 12 (1) ◽  
pp. 119-132
Author(s):  
Muhammad Fuad Zain
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Islamic Law ◽  
The Other ◽  
Electronic Money ◽  
Indonesian Government ◽  
Advantages And Disadvantages ◽  
Other Hand ◽  
Digital Asset ◽  
Financial Transactions

This paper discusses the mining-trading of cryptocurrency in Islamic law as a digital asset that has recently been traded in cyberspace. The value of cryptocurrency is soaring and fluctuation and it is influenced by the demand of buying and selling. Indodax.com is the official digital asset site in Indonesia that trades more than 13 digital currencies. As we know, digital currencies are not electronic money, even though the characteristic is similar. Starting from this, I analyze whether cryptocurrency is worthy of being value as money that has a certain value. Until now, the Indonesian government through Bank Indonesia has published regulation Number 16/8/PBI/ 2014, which explicitly prohibits using bitcoin and altcoin on financial transactions. Otherwise, MUI (Indonesian Ulema Council) has not issued a fatwa yet related to cryptocurrency. From here, I focuse on this study to the law of cryptocurrency in Islamic law. Bitcoin has advantages and disadvantages. Among its advantages are the user can use exchange or transaction without third service (bank), and it can be traded in merchandise shops. But, the disadvantages of bitcoin are mach more, such as fluctuating value every times, it is not listed as a commodity, it is not watched by Financial Services Authority (OJK), it presents the element of gharar (uncertainty) and maysir (gambling or bet), which makes it possible to be used for money laundering and drugs. On the other hand, until now, the Indonesian people have not considered that bitcoin as a treasure like gold or silver

PERDAGANGAN ETHEREUM DI INDODAX EXCHANGE DALAM PERSFEKTIF SYARIAH

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhamad Khoirul Umam
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Islamic Law ◽  
Indonesian Government ◽  
Advantages And Disadvantages ◽  
Digital Asset ◽  
Research Questions ◽  
Financial Transactions

In view of Islamic law Ethereum as a digital asset that is traded in cyberspace.The value of cryptocurrency surges and fluctuates, it is influenced by buying and selling demand. Indodax exchange is an official digital asset site in Indonesia that trades more than 40 digital currencies.The purpose of this study is to analyze whether cryptocurrency is worthy of value as money having a certain value, and also seen from the Indonesian government through Bank Indonesia has issued regulation No. 16/8/PBI/2014, which explicitly prohibits the use of bitcoin, Ethereum and altcoin for use in financial transactions in cash. So that raises research questions how the cryptocurrency law in the form of coin ethereum in Islamic law. The results of this study explain ethereum has advantages and disadvantages. Among its advantages is that users can use exchanges or transactions without a third service (bank), and can be traded at merchandise stores.However, ethereum losses are more frequent, such as fluctuating values each time, not listed as commodities, not watched by the Financial Services Authority (OJK), they present elements of gharar (uncertainty) and maysir (gambling) or (betting), which are used for money laundering and purchase of illegal drugs.Keywords: Cryptocurrency, Ethereum, Digital asset

scholarly journals ANTI-MONEY LAUNDERING CRIMES IN ISLAMIC LAW COMPARED TO THE ALGERIAN AND INDONESIAN LAW

JURISDICTIE ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 190
Author(s):  
Bakhouya Driss
Keyword(s):  
Money Laundering ◽  
Islamic Law ◽  
The Other ◽  
Effective Control ◽  
Banking Systems ◽  
Banking Secrecy ◽  
The One ◽  
Financial Transactions ◽  
The Way

<p><em>     </em><em>Islamic law agreed with most modern laws on the seriousness of money laundering crimes, including Algerian law and Indonesia, despite the differences in regard to the methods which these crimes because of the different banking systems from one country to another on the one hand, because of the possibilities available to money launderers on the other.</em></p><p><em>      This led to the need to pay special attention by the Algerian law and Indonesia in order to effectively provide for these modern criminal phenomena, it has resorted to the imposition of strict controls to combat the phenomenon is mostly derived from the provisions of Islamic Sharia.</em></p><p><em>      Although the procedures and mechanisms that came in the Islamic Sharia and stipulated in the fight against money laundering in Algeria, Indonesia law, but many obstacles stand in the way without effective control of this crime along the lines of the principle of banking secrecy, which is an obstacle, often without disclosure of relevant financial transactions money laundering offenses.</em></p>

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

scholarly journals DEVELOPMENT OF THE MODEL OF STUDENTS’ INDEPENDENT WORK UNDER CONDITIONS OF DISTANCE LEARNING

2021 ◽  
pp. 273-289
Author(s):  
Olena Osadcha
Keyword(s):  
Distance Learning ◽  
Information Technologies ◽  
The Other ◽  
Advantages And Disadvantages ◽  
Other Hand ◽  
The One ◽  
Independent Work ◽  
Further Development

The article deals with the development of the model of students’ independent work under conditions of distance learning. The importance of the research into this problem is determined, on the one hand, by the growing possibilities of using various information technologies and, on the other hand by the necessity to adapt to the conditions of today’s world where independent work of students is becoming increasingly important. The advantages and disadvantages of distance learning have been explored. The author studied the role of independent work in the formation of the professional competences of students. The issue of modeling in the area of education has been tackled. The approaches to the development of the model of independent work have been identified and analyzed. The components of the model, such as the goal, the tasks, the content, the methods, the means and evaluation of results have been determined and characterized. The prospects of further development of this research are related to the exploration of models of independent work of students majoring in different areas.

scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

scholarly journals Systematization and analysis of approaches to assessing the competitiveness of business entities

2018 ◽  
Vol 193 ◽  
pp. 05077
Author(s):  
Vadim Krivorotov ◽  
Aleksandr Tarasenko ◽  
Evgeniy Tikhanov ◽  
Petr Chepur ◽  
Alesya Gruchenkova
Keyword(s):  
The Other ◽  
Multivariate Models ◽  
Management Decisions ◽  
Competitive Position ◽  
Advantages And Disadvantages ◽  
Other Hand ◽  
Business Entities ◽  
The One

Assessment of competitiveness is an objective need of every business entity seeking to maintain or improve their own competitive position and make informed management decisions. The authors propose to classify the diversity of methods of assessment of the competitiveness of the enterprise through three main approaches: graphic, factor and value. In order to identify the advantages and disadvantages of each of the approaches described by the authors, the content of the main methods used in the study was analyzed. It is concluded that there is no universal tool for assessing the competitiveness of the enterprise, which is due to, on the one hand, the limited reliability and low estimates obtained by using matrix and product methods, and on the other hand, the complexity and cost of the estimates using existing multivariate models.

Records and Record-keeping in Nineteenth-Century Korea

1971 ◽  
Vol 30 (3) ◽  
pp. 583-591 ◽  
Author(s):  
James B. Palais
Keyword(s):  
Nineteenth Century ◽  
Political History ◽  
The Other ◽  
Historical Writing ◽  
Raw Data ◽  
Record Keeping ◽  
Advantages And Disadvantages ◽  
Other Hand ◽  
Good For ◽  
Yi Dynasty

The article describes the types of written records available to scholars of late Yi dynasty Korea, in particular, daily chronicles compiled under official auspices. Koreans were indebted to the Chinese for the chronological format of compilation, the Confucian moralistic purpose for historical writing, the respect for bare fact, and the necessity for truthful reporting. These objectives were often violated, however, because the recorders were also active bureaucrats involved in political disputes.For the modern historian, these sources have certain advantages and disadvantages. They are good for institutional and administrative history, and they provide raw data for political history. On the other hand, they reflect the biases of the recorders, they do not reveal the really private thoughts of kings and officials, they are confined to the formal apparatus of the official communication and the court conference, and they are comprised over much of moralistic exhortation and general preachment, rather than with concrete discussion of the problems of economy, society, and policy. They do, however, represent an enormous body of material hitherto neglected by Western scholars.

Is Imbibing Al-khamr (Intoxicating Drink) for Medical Purposes Permissible by Islamic Law?

2003 ◽  
Vol 18 (3) ◽  
pp. 355-364 ◽  
Author(s):  
Nurdeen Deuraseh
Keyword(s):  
Special Reference ◽  
Islamic Law ◽  
The Other ◽  
Other Hand ◽  
Legal Literature

AbstractIn this article attempts are made to study one of the important topics that has been widely discussed in Islamic legal literature, namely al-tadawi bi al-muharramat (treatment with forbidden things), with special reference to al-khamr (intoxicating drink). In this regard, there are two different opinions of Muslim jurists regarding the use of intoxicating drink (al-khamr) for medical purposes. The majority of Muslim jurists are of the opinion that treatingdisease with forbidden things is unlawful. As such, they did not allow the use of intoxicating drink for any reason, including its use as a remedy, or to quench thirst, even if there are no other permissible fluids to drink. On the other hand, a few Muslim jurists did allow the use of an intoxicating drink as a remedy, or to quench thirst if no other permissible fluid is available.

scholarly journals Epistemologi Hukum Fatwa MUI Kabupaten Lebak tentang Berboncengan dengan Selain Muhrim

2016 ◽  
Vol 16 (2) ◽  
pp. 213-222
Author(s):  
H. B. Syafuri
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Men And Women ◽  
Other Hand ◽  
Legal Epistemology

The Legal Epistemology of Fatwa of MUI Lebak about Getting a Ride (Berboncengan) with Non- Mahram. The method of Islamic lawmaking (istinbath) is the study of the basic sources and the methods of Mujtahids to produce Islamic law, either by using words (lafzh) or meaning approach. Istinbath method with lafzh approach is by searching statement (nash) in the Qur’an and Hadith and using rules of ushûliyyah. On the other hand, istinbath method with meaning approach is by searching legal purposes (maqasid al-shari’ah) and using qiyas. Riding together between men and women not mahram in Islam according to MUI Lebak is forbidden (haram) based on the Qur’an Surah al-Nur verses 30-31 and Surah al-Isra verse 32, Hadith No. Muslim 1280, and sadd al-dzari’ah.DOI: 10.15408/ajis.v16i2.4451

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