Undang-Undang Informasi dan Transaksi Elektronik dalam Konteks Maqāṣid Syarī‘ah

2020 ◽  
Vol 14 (2) ◽  
pp. 211-224
Author(s):  
Abdul Hadi ◽  
Bekti Taufiq Ari Nugroho ◽  
Ahmad Muntakhib ◽  
Choeroni Choeroni
Keyword(s):  
Research Study ◽  
Islamic Law ◽  
Social Groups ◽  
Online System ◽  
Digital World ◽  
Library Research ◽  
The People ◽  
Electronic Transactions ◽  
Research Problems ◽  
Fundamental Values

The fundamental values ​​contained in Islamic law are reflected in the formulation of Islamic law itself, namely happiness, enjoyment, benefit, justice, and so on. The online system has the potential to conflict with the values ​​of Islamic law, which is detrimental to many people because of the difficulty of tracking various electronic transactions and it can have a very broad impact when it comes to crimes in the digital world. Based on this reality, several research problems arise related to the ITE Law from the perspective of maqāṣid shari'ah. This article is a library research study using a qualitative paradigm. The results of the discussion show that the emergence of social groups in the name of religion that misuse social media has occurred, one of which is spreading hoax news, updating news, photos, and videos, etc. that deviate from existing norms. The ITE Law is a new thing in the realm of legislation in Indonesia. For that, it is necessary to study further, one of which is in terms of maqāṣid syarī'ah the extent to which the objectives of the law are viewed from Islamic law or qawā'id uluhiyyah. The relevance of maqāṣid syarī'ah with the ITE Law is that there are regulations that guarantee the benefit of the people, namely being able to bring benefits and keep people away from evil deeds by using these cyber tools.

scholarly journals MANAJEMEN DAN PENDISTRIBUSIAN ZAKAT DALAM UPAYA PENINGKATAN KESEJAHTERAAN SOSIAL MASYARAKAT

2021 ◽  
Vol 1 (2) ◽  
pp. 34-50
Author(s):  
Nur Afni
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Economic Empowerment ◽  
Distribution Models ◽  
Library Research ◽  
The People ◽  
The Social ◽  
Scientific Papers ◽  
Islamic Economic ◽  
Management Functions

The management of zakat in relation to economic empowerment means that zakat as an asset of an Islamic economic institution, zakat is a source of strategic potential funds for efforts to build the welfare of the people. Because of that, the Koran gives a sign that the zakat collected is managed appropriately and effectively. The purpose of this research is to describe how the management and distribution of zakat to improve the social welfare of society. The type of research used in this research is library research or library research conducted by collecting data or scientific papers aimed at the research object. The results of the discussion in the article are; 1) in the process of managing zakat, it can be realized seriously, of course, this needs to be supported by good management, as was done in the early days of Islam. Managing zakat effectively and efficiently needs to be managed properly. Therefore, the management of zakat provides the application of modern management functions. 2) Zakat must be distributed to mustahik under Islamic law. 3) the distribution of zakat is carried out based on a priority scale, with due observance of the principles of equity, justice, and territoriality, and 4) Zakat is distributed through two distribution models directly or consumptive zakat, and indirect distribution, namely productive zakat.             

scholarly journals Tradisi Ziarah Kubur Pasca Pernikahan (Studi Kasus Kelurahan Manisa, Kecamatan Baranti, Kabupaten Sidrap, Sulawesi Selatan)

2020 ◽  
Vol 1 (3) ◽  
pp. 272-293
Author(s):  
Syandri ◽  
Iskandar ◽  
Sulaiman Kadir
Keyword(s):  
Field Study ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Urban Village ◽  
South Sulawesi ◽  
Library Research ◽  
The People ◽  
Special Time

This study aimed to identify the process and purpose of the grave pilgrimage tradition after marriage in Manisa village, Baranti subdisctrict, Sidrap district, South Sulawesi, and also to examine the law of the custom in the view of Islamic law. This research employed a qualitative approach with the field study method (Field Research) and library research. The study shows that: 1. People ini Manisa village after celebrating their wedding they make grave pilgrimage in forms of such as: Determining a certain time according to the agreement of the bride and groom, preparing the necessary preparations such as water, kettles, and pandanus leaves, making ablution before going to the graveyard, praying before entering the cemetery, watering the grave with water mixed with pandanus leaves, holding the gravestone, praying for the late by reciting certain chapters finalized by surah Al-Fatihah. 2. Grave pilgrimage is one of the prescribed acts of worship but it should be in accordance with the guidance of the Prophet. As for what is found in the people of Manisa Urban Village, there are still a number of differences between what they do and what had been exemplified by the Messenger of Allah such as the determination of a special time for the grave pilgrimage, watering the grave, and seeking for blessing from the graves visited.

scholarly journals Analisis Praktik Akad Muzara’ah Di Desa Lebak Kecamatan Sangkapura Bawean Gresik Perspektif Hukum Islam

2019 ◽  
Vol 1 (1) ◽  
pp. 30-40
Author(s):  
Ainun Barakah ◽  
Pipin Suitra
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Agricultural Practices ◽  
Rice Fields ◽  
The Other ◽  
Irrigate Rice ◽  
Library Research ◽  
The People ◽  
The Village ◽  
Lease Agreement

Abstract Bawean is an archipelago administratively included in Gresik Regency, where the main occupation of the people is farming and fishing, but not all of the people have land to farm and ships to go to sea, and not a few who work in Malaysia and Singapore have even become citizens of that country. so that the land and rice fields below are unproductive, so there is cooperation between landowners and tenants or cultivators, in agricultural practices, landowners and processors or workers often make contracts and agreements in such cooperation, as well as in the village of Lebak, the agreement sees to the weather, or irrigation used to irrigate rice fields, and the yields obtained during the rainy season in certain months are different, there are at least three cooperation systems in the muzara'ah contract implemented there, in this study the three systems were analyzed to determine which in accordance with Islamic law , of the three, there are two agreements that use the muzara’ah contract, and the other one uses the ijarah agreement or lease agreement. This research uses the library research method with a qualitative inductive approach. Keywords: muzara’ah, Islamic Law, Gresik

SOCIAL WELFARE DURING THE CORONA ERA: A RESEACH STUDY IN THE LIGHT OF QURAN & SUNNAH

2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Ahmed Raza ◽  
Syed Waheed Ahmed
Keyword(s):  
Political Parties ◽  
Social Welfare ◽  
Research Study ◽  
Islamic Law ◽  
Educational Institutions ◽  
The People ◽  
Poor Families ◽  
The World ◽  
The Government ◽  
Open Expression

Coronavirus pandemic started in the last week of February 2020 in Pakistan. In order to save the people from the Corona epidemic, a complete lockdown has been implemented across the country. All offices, educational institutions, transport and other sectors were closed. Only grocery and medical stores were allowed to operate. The government of Pakistan, the provincial governments and the country's elites, welfare organizations and religious and political parties have generously helped poor families without distinction of religion, color, race or language. People were provided with necessities, clothes, medicines and other necessities. Seeing the open expression of social welfare in Pakistan during the epidemic sent a good message to the world that the Muslims of Pakistan have an ideal role to play in serving humanity in accordance with the teachings of their religion. In this article, a research study has been done on the trend and effects of social welfare during the Corona era in the context of Islamic law

scholarly journals Perkawinan Tradisi Jujuran dalam Adat Bugis Perantau di Kutai Kartangera: Suatu Kajian Perbandingan dengan Hukum Islam

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 121
Author(s):  
Eko Rial Nugroho ◽  
Abdul Wahid
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Research Data ◽  
Legal Research ◽  
Library Research ◽  
Marriage Contract ◽  
Research Problems ◽  
Traditional Marriage ◽  
The Guardian

One of the marriage processions is the presence of dowry. The culture of giving dowry differs from one region to another. The practice of the jujuran tradition in Kuala Samboja Village, Samboja District, Kutai Kartanegara District has social impacts, including men feeling restrained to get married. Whereas Islam provides convenience, so that each can enjoy a halal and good relationship. The problem is how is the comparison between marriage with the jujuran tradition in the Bugis nomads in Kutai Kartanegara with marriage in Islamic Law. The research method is a normative legal research that bases its analysis on legislation related to the research problems studied. The approach in this study is a doctrinal approach. Sources of research data are secondary data, namely data obtained from library research in the form of legal materials consisting of primary legal materials, secondary legal materials, tertiary legal materials. The results of the study, first, the jujuran tradition is a unity in the traditional marriage procession of the community of Kuala Samboja Village, Samboja District, Kutai Kartanegara Regency. The jujuran tradition is one of the benchmarks for the sustainability of marriage plans. The principle of marriage in the jujuran tradition is that marriage will not be carried out or canceled, if the jujuran cannot be fulfilled by the prospective bridegroom and his family. Secondly, marriage in Islam must fulfill the terms and conditions of marriage. The marriage guardian is one of the important elements in a marriage contract because marriage will no longer valid if it is done without guardian. There has been event that a marriage guardian refusing to marry his daughter on the grounds of contradicting the syara’, a reason that are not justified by the law of shara 'which is referred to as adhal (reluctant) then there must be replaced by wali hakim. The position of the wali hakim in the process of the marriage as the guardian in lieu of the guardian of the prospective bride or replacing the position of the nashab guardian who, due to certain circumstances, cannot or does not want to become a marriage guardian for his daughter. The position and authority of the judge's guardian is the same as the nashab guardian or guardian of the bride lady who is under his guardianship.

scholarly journals KONSEP OTONOMI DAERAH DALAM HUKUM TATA NEGARA ISLAM

2021 ◽  
Vol 2 (2) ◽  
pp. 177
Author(s):  
Weni Gusdi Sari ◽  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Regional Government ◽  
Islamic State ◽  
Regional Autonomy ◽  
Regional Administration ◽  
Library Research ◽  
The People ◽  
Head Of State ◽  
State Constitutional Law

This study examines the concept of regional autonomy in Islamic constitutional law about how is the concept of regional autonomy in Islamic State Constitutional Law and how is the autonomy of regional heads in the perspective of Islamic constitutional law. This research is a qualitative research library (Library Research). The data of this study were obtained through the Islamic law/Fiqh research method with a historical approach. After the data has been collected, it is then processed by studying, researching, studying and understanding the concept of regional autonomy in Islamic Constitutional Law referring to the Al-Quran and Hadith and related articels. This study found the following results: (1) The concept of regional autonomy in Islamic constitutional law is practiced in three types of regional government, namely al-imarah al-khashah, al-imarah al-ammah, al-imarah al-istila. (2) The autonomy of the regional head's power in the perspective of fiqh siyasah dusturiyah or Islamic constitutional law is in accordance with the conditions and authority granted by a Khalifah. The Khalifah as head of state gives authority to al-Amir (Head of Region) in the functions of: collecting taxes in the region, managing regional administration and providing services to the people in the region, maintaining security in the region, attracting kharaj and collecting zakat, upholding and disseminating Islam in the region. area, as well as being a prayer priest.

Peran Kiai Dalam Menyelesaikan Konflik Keluarga

2021 ◽  
Vol 1 (2) ◽  
pp. 184-193
Author(s):  
Muhammad Habib ◽  
Muhammad Shaleh ◽  
 Muhammad Hasbi
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Married Couples ◽  
Mediation Process ◽  
Family Conflicts ◽  
Interesting Phenomenon ◽  
Library Research ◽  
The People ◽  
Husband And Wife

An interesting phenomenon that occurs in the people of the Tanjung Pura Subdistrict, Langkat Regency, who still consider the kiai to be a highly respected and respected figure. In terms of problems that occur between husband and wife such as nusyuz and syiqaq, people still believe that by telling the kiai, they will get the best solution as an effort to resolve conflicts that occur in their families. This type of research is juridical-empirical law research (Socio-Legal Research). This research was conducted by looking for field data (field research) and library research, namely analyzing data sources on books. Data collection techniques were carried out by conducting interviews with kiai and communities in several villages in the Tanjung Pura District, Langkat Regency. The purpose of this study was to determine the role played by the kiai in resolving family conflicts in Tanjung Pura District, Langkat Regency and to find out the review of Islamic law and its legislation related to the resolution of family conflicts involving a kiai. The results of the research that have been carried out conclude that the kiai has a role in reducing family conflicts in the community in the Tanjung Pura District, Langkat Regency, including the first role of the kiai in providing good solutions to problems faced by married couples, secondly the role of the kiai in trying to reconcile husband and wife. -wife who is in disagreement, the three roles of the kiai are good protectors in an effort to resolve family conflicts. Islam gives up the freedom of settlement to reach an agreement to make peace for those who are in dispute. This is done because Islah-shulh is part of Islamic teachings to resolve a dispute or conflict peacefully. However, it is different from the laws and regulations which have their own rules in the implementation of mediation in court. In accordance with Perma No. 1 of 2016 Article 13 that to be a mediator in the mediation process must have a certificate. With regard to efforts to resolve family conflicts by involving the kiai as hakam, this is permissible. However, the role of the kiai as a mediator or hakam can only be carried out in an effort to resolve disputes that have not been submitted to court with the consent of the conflicting parties. Unless, the kiai already has a certificate as a mediator. Keywords: kiai; mediator; Family

scholarly journals Islamic law review on use of Go-Pay in payment of Zakat

2020 ◽  
Vol 3 (2) ◽  
pp. 145
Author(s):  
Laila Afni Rambe
Keyword(s):  
Islamic Law ◽  
Major Influence ◽  
Electronic Money ◽  
Face To Face ◽  
Online System ◽  
Electronic Form ◽  
Library Research ◽  
Technological Developments ◽  
Printed Materials

Technological developments turned out to have a major influence on changes in community economic transactions. The system that was once used by the community is a manual system but technological developments bring it to change into an online system that all transactions can be done without having to face to face, without being influenced by time and place. So, that the community is spoiled by the system. Not only in the scope of economic transactions around trade, but this online system has also been used in zakat payment transactions that use electronic money. The purpose of this research is to see how the legal use of electronic money when used to pay zakat. To achieve the objectives of this study the authors use the method of library research, namely by examining documents both published officially or contained in all printed materials, or in electronic form relating to the topics discussed. From the results of the analysis conducted by the author on these data it can be concluded that electronic money Go-Pay may not be used because it is not in accordance with the provisions of DSN-MUI. When electronic money or Go-Pay should not be used, Go-Pay also should not be used to pay zakat.

scholarly journals Ekstrimisme dalam Tafsir

2020 ◽  
Vol 5 (1) ◽  
pp. 130-144
Author(s):  
Asyhari
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Muslim Brotherhood ◽  
The Other ◽  
Radical Group ◽  
Library Research ◽  
The People ◽  
Textual Basis ◽  
The Muslim Brotherhood ◽  
Better Than

The main cause of radicalism is the distorted understanding of the Qur'an and hadith. One of the Qur'anic verses used to legitimize the precept of the extreme radical group is Q. S al-Maidah: 44. Explicitly this verse seems to justify the radical group's claim that in this world all people have infidels because no one applies the Islamic law perfectly. Sayeed Qutb (d. 1966) is referred to as one of the people of the Muslim Brotherhood in Egypt interpreting the verse on a textual basis. Using the library research method, researchers answered two basic problems; (1) How Sayeed Qutb interprets Q. S al Maidah: 44, (2) How do the scholars interpret Q. S al Maidah: 44?. To answer the researcher to comb the interpretation of Sayeed Qutb in the book of Zilal al-Qur'an, then compare it with the interpretation of the other scholars in the books of interpretation. This research resulted in the conclusion that Sayeed Qutb's interpretation of Q. S al-Maidah: 44 is deviant from the interpretation of all Islamic scholars. The interpretation of Sayeed Qutb precisely corresponds to the interpretation of the Khawarij group at the time of the Caliph Ali ibn Abi Talib. The scholars interpret the passage with three interpretations. First, the meaning of kufr in the verse is a major sin, secondly, that a person is considered infidels when not applying Islamic law because of legal reasons other than Islam is better than Islamic law, third, the passage is revealed to the Jews, that the Jews who did not apply Islamic law were unbelievers.

scholarly journals PENGARUH KENAIKAN SUKU BUNGA BI DAN INFLASI TERHADAP KINERJA KEUANGAN BANK SYARIAH

2020 ◽  
Vol 2 (2) ◽  
pp. 158-174
Author(s):  
Dwi Utami Yesika ◽  
Sukamto
Keyword(s):  
Interest Rates ◽  
Inflation Rate ◽  
Islamic Law ◽  
Fuel Oil ◽  
Government Policies ◽  
Fuel Prices ◽  
Goods And Services ◽  
Library Research ◽  
The People ◽  
Banking Business

Absract: The reality of the increase in world oil prices has prompted the Indonesian government to adopt a policy of increasing the price of fuel oil (BBM) which has caused the Indonesian economy to experience a drastic decline. The increase in fuel prices will be followed by an increase in the price of goods and services. This has caused the inflation rate in Indonesia to decline and further complicate the economic conditions of the people. Since the inflation rate has increased due to the government's policy of raising fuel prices, one of the steps taken by Bank Indonesia to control the inflation rate is to raise interest rates. However, in Islamic law, to avoid operating a bank with an interest system, Islam introduces the principles of muamalat as an alternative to banking in the form of Islamic banking business activities. The approach used by the author in this study is a quantitative approach with descriptive and regional methods by comparing one variable with another. So the appropriate collection technique is library research is to collect articles, journals, books and so on.  The results showed that there was an influence between the increase in BI interest rates and inflation on the financial performance of syari'ah banks and there were several factors that influenced the increase in interest rates, among others: the need for funds, competition, government policies, etc. Several factors that influence inflation include: money supply, gross domestic product, exchange rates and interest rates.

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