Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

rahatulquloob ◽  
2018 ◽  
pp. 02-32
Author(s):  
Abul-Hassan Shad Muhammad

Human Milk banks have been established in many parts of the world. The main purpose of these banks is to save the babies’ lives and to ensure that the newborn babies’ rights to breast milk are fulfilled. Especially for the infants whose Mothers could not feed them due to illness, lack of milk or lack of time. The problem is that milk bank practices in the Western countries contradict with the Islamic law whereby it may result in the possibility of overlapping of the progeny (nasab) and selling the organ of human, etc. The Muslim countries have been not participating in these milk sharing activities because of these religious issues. However, due to a critical need of breast milk in hospitals, this article addresses these issues and the different opinions of Islamic scholars and suggests ways to formulate a proper model of milk bank that is compatible with the Islamic law and to avoid further problems of nasab. This study has two main objectives: firstly, to introduce Milk Bank, causes of its’ existence, method of collection and storage the milk, the benefits of breastfeeding and the unpleasant effects of Milk Banks. Secondly, to review some authoritative legal scholars’ opinions on the issue of milk bank and to recommend a proposal on how to develop a milk bank in accordance with the Islamic law. The study is expected to be able to recognize the issues of Milk Bank, to make the people become aware of its side effects and religious problem.


2020 ◽  
Vol 2 (2) ◽  
pp. 109-129
Author(s):  
Wahyu Wahyu ◽  
Rahmadi Indra Tektona

Islam strongly emphasizes that all economic activities carried out by humans in the world are an accountability that must be in accordance with Islamic law. In the Sharia economy there are khiyar rights which are expected to provide good benefits in the sale and purchase agreement and make buying and selling activities in accordance with the principles of Islamic law, it is consensual and also providing benefits to the parties in accordance with the provisions in Islamic law and the existence of willingness or sincerity in buying and selling activities in accordance with the Koran and hadith. Currently, many buying and selling transactions are carried out online, one of which is using the social media, Instagram, which has millions of users who can exceed time and space. Many business actors ranging from housewives, students, state employees, private employees who post goods to be traded on Instagram, behind this convenience, of course there are problems, it is the existing image and the merchant’s reputation is something that is highly valued in online trading. The problem that arises in the online buying and selling contract is the mismatch of goods with pictures and descriptions on social media resulting in a one-sided cancellation of the purchase of ordered goods by the buyer and this results in losses to the seller, even though before the transaction the two parties have mutually agreed. The research objective of this paper was to analyze legal certainty in the implementation of khiyar in purchasing ordered goods in online buying and selling transactions via Instagram, the research method used is normative juridical, the results of research on the form of legal certainty in the implementation of khiyar. Keywords: Legal certainty, Khiyar Syarat, Bai’ Salam Online


Cultura ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 173-192
Author(s):  
Eun Kyeong YUN ◽  
Hee-Yul LEE ◽  
Dong-Hwan KIM

Abstract: Halal means permissible or lawful in Arabic and is applied to both the religious and daily life of Muslims. Islamic Law Shariah requires Muslims to consume halal products only. But with the expansion of supply chains around the world and the development of many new products, Muslim consumers have found it difficult to confirm whether food is halal or not. Also, as many foods are produced in non- Muslim countries and exported to Muslim countries, interest in halal certification in non-Muslim countries is increasing. With several Islamic countries strengthening their halal certification regulation for import in recent years, there is no accurate information on whether halal certification is necessary to export to Muslim countries or the Islamic State, and is lack of clear study of the definition of the Islamic State. Therefore, in this research, we will investigate the constitution and food import regulations of the Organization for Islamic Cooperation (OIC) member states, called the Union of Islamic States, to study the definition of Islamic State and whether halal certification is necessary for food exports.


2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
A. Bahruddin

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.


2019 ◽  
Vol 5 (2) ◽  
pp. 181-201
Author(s):  
Umar Faruq Thohir

It is inevitable that a legal enactment, or reform of Islamic family law in various Muslim countries or countries with a majority Muslim population in the world. This is because the existing law (valid) is still not revealed or has been revealed but is considered not in accordance with the era anymore, due to the different “context” between the past and the present. As Anderson said, Islamic law in Islamic countries was not static at all. The form of renewal that is carried out differs from country to country. First, there are some countries that carry out reforms in the form of laws. Second, there are some countries that carry out reforms based on the decree of the president or king. Third, there are some countries that carry out reforms in the form of judicial provisions. The country of Turkey is the first country to carry out renewal in family law. Updates are carried out in the form of laws. For Turkish Muslims, Hanafi is a school that underlies the religious life formally until 1926, before the existence of legislation legislation that was eclectically codified. The Islamic Civil Law or what is called ¬Majallat al-Ahkâm al-liAdliyah, which most of the material is based on Hanaf madîî actually has been prepared in Turkey since 1876, although it is not comprehensive, because it does not include family law and inheritance law. Keywords: reform of Islamic, Waris, and Turkish Muslims


2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Maswadi .

Crude Palm Oil (CPO) is a strategic commodity in the economy ofIndonesia. CPO industry also plays an important role in the internationalmarket. The rate of growth of production of CPO is the highest among thecategories of oil consumed. Even a CPO has predicted will pass trade oilfor soybeans at most in the world market be trading.The current Government had new instruments in international tradeactivities, i.e. the export levy of dilegalisasi on September 10, 2005 withthe publication of legislation No. 33 of 2005. Broadly speakingstakeholders agribusiness palm national associate substance of the purposeand size of the export levy rate as well as benchmark price export withbenefit dimension, justice and legal certainty. After looking closely atlegislation of the export levy in the perspective of the development of oilpalm industry, there are 2 national article that needs to be understood indepth. The second chapter is chapter 2, about the purpose and article 3paragraph 5 and 6, of the size of export the levy rate and export benchmarkprices. Both articles still contain questions like: "whether its value hasbeen considering concrete benefits for all palm oil stakeholders national,meet the sense of justice and legal certainty in their implementation?".The review of this paper aims to discuss about the purpose of theapplication of the export levy and export benchmark prices taking intoaccount its benefits for all stakeholders to the national burden of palm oil,which must be borne by the stakeholders and legal certainty, and theirimpact on the performance of the agribusiness palm and farmer income inIndonesia.Keywords : Crude Palm Oil, Export Levy, Indonesia


ICR Journal ◽  
2009 ◽  
Vol 1 (1) ◽  
Author(s):  
Ahmet Akgunduz

This article offers an individual scholar’s interpretation of the concept of citizenship and Muslim minorities from the perspective of Islamic law. The issues to be discussed are: 1. The classical Islamic legal view of a ‘division’ of the world and its affects on these concepts. Can we put aside these concepts? Are European countries today still to be considered dar al-harb or dar al-kufr or rather dar al-ahd or dar al-aman? 2. What is the meaning of ‘citizenship’ and ‘religious minorities’ in a Muslim territory? 3. Are Muslims permitted to accept ‘residence permits’ and citizenship in non-Muslim countries? And finally 4. Should Muslims who live in European countries be referred to as ‘minorities’ or ‘citizens’?


2006 ◽  
Vol 36 (142) ◽  
pp. 113-126
Author(s):  
Enrique Dussel Peters

China's socioeconomic accumulation in the last 30 years has been probably one of the most outstanding global developments and has resulted in massive new challenges for core and periphery countries. The article examines how China's rapid and massive integration to the world market has posed new challenges for countries such as Mexico - and most of Latin America - as a result of China's successful exportoriented industrialization. China's accumulation and global integration process does, however, not only question and challenges the export-possibilities in the periphery, but also the global inability to provide energy in the medium term.


Author(s):  
O.N. Mikhaylyuk ◽  
Ya.N. Dolina ◽  
E.A. Strelka
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document