scholarly journals STUDI KOMPARATIF EMPAT MADZHAB FIQIH TENTANG HUKUM PUTUS KHITBAH

2021 ◽  
Vol 15 (1) ◽  
pp. 51-64
Author(s):  
Faris El Amin
Keyword(s):  
Study Design ◽  
Qualitative Approach ◽  
Literature Study ◽  
The Status ◽  
The Law ◽  
Muslim Communities

The phenomenon of breaking the khitbah often occurs. However, there are still many Muslim communities who are still unfamiliar with the implications and the Fiqh when this case occurs. This study aims to describe the different views on the law of breaking the Khitbah and the status of the Hadiah that were submitted during the Khitbah period based on the concept of Fukaha. This study uses a qualitative approach with a literature study design. The data was collected by collecting books which became the reference for the four schools of Fiqh. The results show that: (1) Fukaha have different opinions about the law of breaking the khitbah. The main cause of this difference is due to differences in understanding the texts and principles of covenant fiqh and the absence of a qath'i text in this matter. (2) Fukaha, also have different opinions regarding the status of the items given before the break of the khitbah

scholarly journals ULIL AMRI AUTHORITY ON LIMITATION OF CONGREGATIONAL WORSHIPS IN THE PANDEMIC OF COVID-19 IN PERSPECTIVE OF FIQH SIYASAH

2020 ◽  
Vol 3 (2) ◽  
pp. 123-135
Author(s):  
Mustafa MH.
Keyword(s):  
Subject Matter ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Literature Study ◽  
The Subject ◽  
The Government ◽  
Muslim Communities

ABSTRACTThis article discusses the issue of limiting worship of Muslims in Indonesia, during the COVID-19 pandemic, which is regulated by Ulil Amri in Indonesia, namely the Government and Majelis Ulama Indonesia. In the regulation of restrictions on worship, it is not implemented as it should. There is a group of Muslim communities, which do not comply with the policy. This article is a literature study with a qualitative approach. The data in this study were produced from literature processing from various views of fuqaha, which is viewed from the perspective of fiqh siyasah. The results of the study concluded that Ulil Amri has full authority on social and ijtihadi (furu) issues, but not on the subject matter (ushul) of religion because it is the authority of Allah SWT as al-Shari '(maker of the Shari'a). Included in the Ulil Amri authority is issuing policies in preventing and overcoming the spread of the coronavirus in Indonesia, by implementing a policy of limiting worship, based on the fatwa from Majelis Ulama Indonesia, and with regulations issued officially by the Government.Keywords: COVID-19; Ulil Amri Authority; Worship Restrictions, Islamic Law

scholarly journals Legal Drafting in the Ottoman Period

2019 ◽  
Vol 17 (1) ◽  
pp. 39
Author(s):  
Meirison Meirison
Keyword(s):  
Ottoman Empire ◽  
Design Process ◽  
Islamic Law ◽  
Prime Minister ◽  
Qualitative Approach ◽  
Literature Study ◽  
Legal Decisions ◽  
Long Time ◽  
The Law ◽  
Law And Justice

 Ottoman Turkey is a country based on Islamic Shari'a in which all cases that will decide must refer to Islamic shari'a. The door of Ijtihad has been closed for a long time, thus opening the opportunity for the authorities to issue legal decisions after being investigated by scholars. The design process is complicated because the books of fiqh do not instantly explain the laws required. The legal drafting process in principle based on the Qur'an and al-Hadith which are manifested by the mufti or Syaik al-Islam after being proposed by the sultan through the prime minister. After obtaining syaikh al-Islam's approval, the law or law is deemed legitimate. With a qualitative approach, the author conducted a literature study and analyzed the data collected and interpreted legal drafting during the Ottoman period. The decline of the Ottoman Empire in various fields has led to renewal including reforms in the areas of legislation, law, and justice which demanded legal codification in the form of majallah Al-Ahkam Al-Adliyah. This Majallah contains the law mu'amalah, which leads to ahwal As-syakhsiyah and serves to maintain Islamic law, which almost eliminated due to secularity that occurred.

MOTIF YANG BERPENGARUH PADA PROSES KEJIWAAN TOKOH SAM DALAM NOVEL SEBENING SYAHADAT KARYA DIVA SR

2020 ◽  
Vol 8 (2) ◽  
pp. 10
Author(s):  
Dandy Ashghor Dawudi ◽  
Kamidjan Kamidjan ◽  
Agus Sulton
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Research Process ◽  
Cultural Factors ◽  
Qualitative Approach ◽  
Literature Study ◽  
Love Story ◽  
True Value ◽  
Analysis Technique ◽  
Qualitative Descriptive

This research takes the object of Sebening Syahadat by Diva SR, this work is a novel that tells the story of the journey ofa teenager named Sam who is in the process ofsearching for identity. The journey is filled with interesting twits and turns embelissed with a love story that is very suitable if consumed by the younger generation who are learning to find identit. This study aims to reveal the value motives that led Sam’s character in finding his identity, which expected to be a material for reflection for readers, especially young people who are in the process of discovering his identity, the scope of the problem in this study is to reveal the value motives that affect the character’s psyche. Sam is told to have a rascal character.The research method used in this study took a descriptive qualitative approach, data colletion used was a literature study technique with stages of reading, note taking, coding for futher analysis. The analysis technique used is qualitative descriptive analysis technique.The result of the research in this research process indicate that the mental process of Sam’s character influenced by several factors, including: a. Motives in cultural factors (Situasional Factors), b. The motive for love begins with admiration for the attitude of someone who is full of noble values of character, c. The motive of curiosity and fulfillment of his needs for true value.

SIMBOLISASI DALAM NOVEL SANG ALKEMIS KARYA PAULO QUELHO

2019 ◽  
Vol 7 (4) ◽  
pp. 79
Author(s):  
Endang Maruti
Keyword(s):  
Content Analysis ◽  
Data Collection ◽  
Old Age ◽  
Qualitative Approach ◽  
Data Sources ◽  
The Novel ◽  
Note Taking ◽  
Literature Study ◽  
Collection Method ◽  
Data Collection Method

The research aims to uncover the symbols in the novel The Alchemist and to gain knowledge about the moral teachings in the symbol. This research is descriptive qualitative approach. Data sources in this study are words, phrases or sentences in the novel Alchemist. Data collection method is a literature study method with note taking technique. Data were analyzed using description and content analysis methods. The results showed that the novel The Alchemist contained many symbols. These symbols include: (1) wise parents, who symbolize both negative and positive things. From his appearance, parents can symbolize something bad, but behind his old age he symbolizes a knowledge that is very much and wise; (2) stones that symbolize something hard, not easily broken, and can provide clues to something; and (3) deserts or deserts which can be interpreted as symbols of drought, aridity, unattractiveness, emptiness, despair, determination for ignorance, and also as symbols of devotion.  

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

PERILAKU KONSUMEN VEGETARIAN DI SAMARINDA DAN STRATEGI PENGEMBANGAN

2017 ◽  
Vol 21 (2) ◽  
pp. 49-58
Author(s):  
Willyamto Sutardjo Liu
Keyword(s):  
Consumer Behavior ◽  
Customer Satisfaction ◽  
Swot Analysis ◽  
Home Delivery ◽  
Development Strategies ◽  
Qualitative Approach ◽  
Literature Study ◽  
Good Service ◽  
Internet Media ◽  
Swot Matrix

This study aims to examine consumer behavior, customer satisfaction and development strategies that can support or hinder the development of vegetarian restaurants Fortunate Coffee using SWOT analysis. Research with qualitative approach using an analytical process begins with a browse through all the data available from the following sources using literature study, internet media, interviews, and questionnaires.Findings from this study showed that a vegetarian restaurant Fortunate Coffee has many advantages that can support the development of, among other strategic place and cozy, reasonable prices, good service, taste the food was pretty good, and have the product in Samarinda recently sold in Fortunate Coffee vegetarian restaurant that is Bread Vegan. Through of the findingsstrength, weakness, opportunity, threats, then difomulasikan into the SWOT matrix and eventually found a few strategies, namely strategies SO (strength-opportunity) flavorenhancing its menu. ST Strategy (strength-threats) maintain selling prices to remain stable. WO Strategy (weakness-opportunity) held activities such as seminars vegetarian and exciting events. WT Strategy (Weakness-threats), an improvement in consumer promotions, the need for special training to waiters in service procedures, innovations in the form of home delivery.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

scholarly journals Belt v Lawes and the Meaning of Authorship

2021 ◽  
pp. 174387212110268
Author(s):  
Amitpal C. Singh
Keyword(s):  
Royal Academy ◽  
Artistic Process ◽  
Vanity Fair ◽  
The Status ◽  
Historical Episode ◽  
The Law

The 1882 Belt v. Lawes libel trial centered around aesthetic questions, of precisely the kind that judges usually seek to avoid. The occasion for the dispute was an article in Vanity Fair by Charles Lawes, asserting that Richard Belt, a sculptor and member of the Royal Academy of Arts, relied on his assistants to do his work. At trial, Lawes proposed an artistic skills test of sorts, suggesting that Belt verify his abilities by executing a sculpture in the courtroom. This evidentiary drama, and the aesthetically freighted-arguments mustered by the parties at trial, make it a fruitful historical episode to study conceptions of authorship and the artistic process, the development of modern copyright doctrine, and the status of expert artistic testimony in the law.

Implementation of Shariah Accounting Theory in Shariah Value Added: A Theoretical Study

2015 ◽  
Vol 3 (1) ◽  
pp. 95-101
Author(s):  
Ari Sita Nastiti ◽  
Siti Maria Wardayati
Keyword(s):  
Theoretical Study ◽  
Value Added ◽  
Qualitative Approach ◽  
Literature Study ◽  
Capitalist Economy ◽  
Accounting Theory ◽  
Enterprise Theory ◽  
Islamic Values ◽  
Practical Level

Objective - This article is aimed to give an understanding related to the concept of Shariah Value Added (SVA) according to the ideas of several Shariah accounting researchers. Methodology/Technique - This research is written using a qualitative approach with the technique of literature study. Findings - The result shows that nowadays they're still found several weaknesses in SVA related to the definition which could possibly emerge the return of capitalism through ethics utilitarianism, the distribution of welfare is still focused on limited stakeholders and the difficulties of its application. Therefore, it needs deeper learning to find the appropriate formulation of Shariah Value Added, due to the fact that there are still a few researchers who are interested in the theoretical study of Shariah Accounting. Novelty - This article tries to give an understanding related to the concept of SVA from the theoretical study in order to be able to support the academicians to participate in deeper learning on SVA formulation which can be applied in a practical level but is still based on the Islamic values and shariah objective (maqasid al-Shari'ah 'ah). Type of Paper - Conceptual Keywords: Capitalist Economy; Islamic Theory; Islamic Value; Shariah Accounting; Shariah Enterprise Theory; Shariah Value Added

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