scholarly journals KONTEKSTUALISASI PEMAHAMAN HADIS NABI TENTANG RIBA

2021 ◽  
Vol 2 (2) ◽  
pp. 101-116
Author(s):  
Mohammad Nawir
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Islamic Jurisprudence ◽  
Science Approach ◽  
Conducting Research ◽  
Objective Research

This study explores the issue of usury from the point of view of the hadith of the prophet. For the sake of finding supporting data against the argument that usury is not justified in Islamic law. This study uses a hadith science approach and various kinds of scientific approaches as supporters to understand the content of the hadith about usury. In this study, the authors found that before this study many criteria and benchmarks for usury were found in relation to buying and selling, exchanging, saving and borrowing, and knowing the laws of usury transactions clearly. Of course, studies on usury have been written by many Islamic law researchers, including Abdul Gofur with the theme of the concept of usury in the Koran, Riya Rohma Setyawati et al with the theme of usury in the view of Islam, Miriam So Phia with the theme of usury in Islamic jurisprudence, Abdurrahim Abdul Hamid al-sa'ati with the theme al-'illah al-Iqtishadiyah li tahrim al-Riba al-Nasiah wa al-Fadhl. Nevertheless, the author has its own uniqueness in examining the issue of usury in terms of the methods and approaches applied in this study. The approaches applied in this research include: First, the author uses a hadith science approach in conducting research, in order to be able to explore and explore the context of the prophet's hadith accurately. Second, the author uses various scientific approaches that can be a sharp tool in realizing an objective research.   Abstrak Penelitian ini mendalami persoalan riba dari sudut pandangan hadis nabi. Demi ditemukannya data penguat terhadap argumen riba itu tidak dibenarkan dalam syariat Islam. Kajian ini menggunakan pendekatan ilmu hadis dan erbagai macam pendekatan ilmia sebagai pendukung untuk memahami kandungan hadis tetang riba. Pada penelitian ini penulis menemukan bahwa sebelum penelitian ini telah banyak ditemukan kriteria dan tolak ukur riba dalam kaitannya dengan jual beli, tukar-menukar, simpan pinjam, serta mengetahui hukum transaksi riba secara terang. Tentu saja kajian tentang riba telah banyak ditulis oleh para penelisik hukum Islam di antaranya Abdul Gofur dengan tema Konsep Riba dalam al-Quran, Riya Rohma Setyawati dkk dengan tema Riba dalam pandangan Islam, Miriam So Phia dengan tema Riba In Islamic Jurisprudence, Abdurrahim abdul hamid al-sa’ati dengan tema al-‘illah al-Iqtishadiyah li tahrim al-Riba al-Nasiah wa al-Fadhl. Kendatipun demikian, penulis memiliki keunikan tersendiri dalam mengkaji persoalan riba dari segi metode dan pendekatan yang diterapkan dalam penelitian ini. Pendekatan yang diterapkan dalam penelitian ini di antaranya Pertama, penulis menggunakan pendekatan ilmu hadis dalam melakukan penelitian, agar dapat menelusuri dan mendalami konteks hadis nabi secara akurat. Kedua, penulis menggunakan berbagai pendekatan ilmia yang dapat menjadi alat yang tajam dalam mewujudkan sebuah penelitian yang objektif.

scholarly journals Religion as a Determinant of Child Welfare in Custody Cases in Malaysia and Classical Islamic Law: A Comparative Overview

ICR Journal ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 35-46
Author(s):  
Mohamed Azam Mohamed Adil ◽  
Rafeah Saidon
Keyword(s):  
Child Welfare ◽  
Islamic Law ◽  
Civil Law ◽  
Point Of View ◽  
Main Issue ◽  
Best Interest ◽  
Conversion To Islam ◽  
Custody Of Children ◽  
Islamic Jurisprudence ◽  
Main Factor

It is paramount to consider the welfare of a child when determining the custody of a child. However, in the event of a parent’s conversion to Islam, the issue of religion also arises, i.e. whether the religion of a parent is considered the main factor or one of several factors in determining the interests of the child. In Malaysia, since both Islamic and civil law recognise conversion as grounds for divorce, the question concerning the custody of children and the determinants of religion for the best interest of children will be the main issue. This research aims to examine the significance of religion in determining the welfare of children in custodial dispute cases and to search for possible solutions from the perspective of Islamic jurisprudence relating to custodial conflict upon conversion of one spouse to another religion, particularly in a multiracial country like Malaysia. Our findings show that religion is the primary criterion in determining the welfare of children in custody cases from the classical Islamic point of view. However, Islamic law also offers various other solutions if there is a conflict involving non-Muslim parents.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

Detection of psychotropic substances in the blood by LC/MS/MS

2014 ◽  
Vol 284 ◽  
pp. 60-69
Author(s):  
Mariola Wicka ◽  
◽  
Piotr Chołbiński ◽  
Dorota Kwiatkowska ◽  
Andrzej Pokrywka ◽  
...  
Keyword(s):  
Human Body ◽  
Chemical Structure ◽  
Drugs Of Abuse ◽  
Point Of View ◽  
The Body ◽  
Psychoactive Substances ◽  
Psychotropic Substances ◽  
Road Users ◽  
Conducting Research ◽  
Proper Interpretation

Year on year, one can observe an increase in the use of addictive substances. This leads to occurring the problem of addiction as well as the use of psychoactive substances as a serious hazard to road users. The Regulation of the Minister of Health on agents acting similarly to alcohol and the conditions and manner of conducting research on their presence in the human body, requires adequate benchmarks for performing these tests. An importantfactor, from consultative point of view, is the knowledge of the chemical structure of substances belonging to different groups of drugs of abuse, their metabolic transformations that occur in the body as well as their influence on the body. This is to aid in the proper interpretation of the results of the analytical tests.

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

scholarly journals Diskursus Gender Dalam Hukum Islam

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Mesraini Mesraini
Keyword(s):  
Islamic Law ◽  
Primary Source ◽  
Western World ◽  
Men And Women ◽  
Islamic Studies ◽  
Gender Discourse ◽  
Islamic Jurisprudence

Abstract:Gender discourse is an issue that has its distinct challenges in Islamic studies. This is due to the notion that gender discourse emerged from the western world and is also considered less linear with Islamic studies. The main cause of this impression is due to a lack of proportional understanding. Gender does not actually treat a person on the basis of sex, but on one's competence. If the gender approach is biological-natural and irreversible, then the gender approach is constructive-social, not natural, and thus can be altered. This paper argued that Qur'an Hadith as the primary source of Islam ensures that in the issues of position, worship, and law, men and women have equal position. Nonetheless, some aspects of fiqhiyah (Islamic jurisprudence) as an implementation of the primary source's understanding are still considered biased. The differences of thinking, the culture of society, and the challenges faced by imam fiqh (Islamic jurisprudence leaders) contribute to gender biasKeywords: Gender, Islamic Law, Fiqh Abstrak: Wacana gender merupakan isu yang memiliki tantangan tersendiri dalam kajian keislaman. Di samping lahir dari dunia Barat, wacana ini dipandang kurang linier dengan kajian keislaman. Kesan ini cenderung didasarkan atas pemahaman yang kurang proporsional. Gender bukanlah memperlakukan seseorang atas dasar jenis kelamin, tetapi atas kompetensi seseorang. Jika pendekatan jenis kelamin itu bersifat biologis-kodrati dan tidak dapat diubah, maka pendekatan gender bersifat konstruk-sosial, bukan kodrati, dan dapat diubah. Sumber primer Islam, seperti Alquran Hadits, memastikan dalam persoalan kedudukan, ibadah, dan hukum antara laki-laki dan perempuan memiliki posisi yang sama. Namun, sebagian dari aspek fiqhiyah sebagai implementasi atas pemahaman sumber primer itu dipandang masih bias. Perbedaan pemikiran, budaya masyarakat, dan tantangan yang dihadapi oleh para imam fiqh berkontribusi atas bias gender.Kata Kunci: Gender, Hukum Islam, Fiqh

scholarly journals Collecting Fees for Safekeeping of Collateral: Rules and Applications in the Contemporary Islamic Financial Institutions

2020 ◽  
Vol 9 (1) ◽  
pp. 50-53
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Market Price ◽  
Point Of View ◽  
Actual Cost ◽  
Islamic Banks ◽  
Maturity Date ◽  
Islamic Financial Institutions

The study aims to examine the Shari’ah legality of whether pledgor or pledgee should take care of collateral (marhun) during the period of the loan. Moreover, the study seeks to provide possible applications for the pledge (rahn) and clarify Shari’ah rules for each application. Malaysian Islamic banks apply pledge products by offering loans (qardh hasan) to the customers and requesting gold assets as collateral against a loan. The banks charge safekeeping fees to keep the gold until the maturity date of the loan. This practice combines loan and sale contracts in a single transaction. Accordingly, the study seeks to evaluate this practice from an Islamic point of view. Islamic law categorizes loans under charity contracts while the sale is categorized under contracts of exchange (mu’awadhat). The nature of the two contracts is different. Therefore, the study examines categories that combine loans and contracts of exchange in one transaction. The results reveal that it is not permissible for the pledgee to charge fees higher than market fees for the keeping of collateral. Charging fees that are higher than the market price is considered riba. According to Shari’ah rules, any kind of benefit derived from a loan is riba and thus it is prohibited. However, charging fees that are comparable to the market price and cover the actual cost for safekeeping of collateral is permissible. According to Islamic Fiqh Academy resolutions and AAOIFI standards, Islamic banks may charge fees for safekeeping of gold collateral considering that fees should be to the market fees and should only cover actual expenses.

scholarly journals Difficulties while Conducting Research in Academia: Taking M.Phil Students’ Perspectives in Public and Private Universities

2020 ◽  
pp. 89-95
Author(s):  
Dr. Ghazal Khalid Siddiqui ◽  
Muhammad Shahid Zulfiqar ◽  
Dr. Mubushra Khalid
Keyword(s):  
Rating Scale ◽  
Private Universities ◽  
Institutional Support ◽  
Point Of View ◽  
Research Topics ◽  
Public And Private ◽  
Point Rating Scale ◽  
The Difference ◽  
Conducting Research ◽  
Thesis Work

The thesis work has been the integral part of the MPhil in Education program. However, it has been observed that students are in a great fix regarding the completion of their thesis work. So, the purpose was to investigate the difficulties encountered by the students during research at MPhil level. Their experiences were further examined on the basis of their gender and university type. The data was collected by the survey. The conveniently selected sample consisted of 300 MPhil students including male and female, studying in public as well as in private universities. The data was collected through a questionnaire which was a 4-point Rating Scale comprising 25 items. It has 3 factors: i) supervisor’ selection, ii) supervisors’ support, iii) institutional support. The descriptive statistics for calculating the percentage of students’ perspectives as well as Inferential Statistics (Mann-Whitney U tests) was used to find out the difference on the basis of students’ gender and university type. The results revealed that majority of students selected their supervisors themselves willingly, but few of them forced to select their supervisor on their teachers’ referrals, research topics were allotted to students by supervisors themselves. Their supervisors were not easily approachable as they were unable to give students the due time because of their academic and administrative burdensome responsibilities, even neither the concerned HOD/ director is available at ease for students nor they are provided the access to paid e-libraries. By keeping in mind, the importance of thesis in accomplishment of degrees of MPhil students, there is need to conduct further studies to explore supervisors’ point of view as some of the problems are concerned with the supervisors’ support too, that will help to minimize the students’ problems.

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