scholarly journals PROSPEK PELEMBAGAAN HUKUM ISLAM DI INDONESIA

2019 ◽  
Vol 17 (2) ◽  
pp. 210
Author(s):  
Achmad Al-Muhajir SAM
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Customary Law ◽  
Muslim Country ◽  
Legal Institution ◽  
Political Struggle ◽  
Reform Era ◽  
Library Research ◽  
Normative Status

Indonesian is constitutionally as the state of Pancasila and not as a religious state, but the state is able to accommodate a number of religious norms in the formation of legislation. Indonesia, as the largest Muslim country in the world with a diversity of ethnic, religious and ethnic groups, has chosen the plural of legal system. This situation provides an opportunity to source a specific law affects the formation and preparation of the norms of national law. Islamic law has long been used in the community, even before the colonial period, has significant effect in certain customary law in society. This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the prospect legal institution of Islamic law in Indonesia; second, the resistance and constraint in course of legal institution of Islamic law in Indonesia. This paper was as a result of library research using legal normative status, historical, and sociological point of view.

scholarly journals Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

2013 ◽  
Vol 13 (2) ◽  
pp. 273
Author(s):  
M. Shohibul Itmam
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Internal Conflict ◽  
Political Struggle ◽  
Reform Era ◽  
Positive Law ◽  
Law And Politics ◽  
Library Research ◽  
The Government ◽  
Parliamentary Support

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program  PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

scholarly journals The Institutional Foundations of Religious Politics: Evidence from Indonesia*

2019 ◽  
Vol 135 (2) ◽  
pp. 845-911
Author(s):  
Samuel Bazzi ◽  
Gabriel Koehler-Derrick ◽  
Benjamin Marx
Keyword(s):  
Islamic Law ◽  
The State ◽  
Local Economy ◽  
Muslim Country ◽  
Religious Schools ◽  
Critical Juncture ◽  
Religious Influence ◽  
Electoral Support ◽  
Lower Productivity ◽  
Institutional Foundations

Abstract This article explores the foundations of religious influence in politics and society. We show that an important Islamic institution fostered the entrenchment of Islamism at a critical juncture in Indonesia, the world’s largest Muslim country. In the early 1960s, rural elites transferred large amounts of land into waqf—inalienable charitable trusts in Islamic law—to avoid expropriation by the state. Regions facing a greater threat of expropriation exhibit more prevalent waqf land and Islamic institutions endowed as such, including mosques and religious schools. These endowments provided conservative forces with the capital needed to promote Islamist ideology and mobilize against the secular state. We identify lasting effects of the transfers on the size of the religious sector, electoral support for Islamist parties, and the adoption of local sharia laws. These effects are shaped by greater demand for religion in government but not by greater piety among the electorate. Waqf assets also impose costs on the local economy, particularly in agriculture, where these endowments are associated with lower productivity. Overall, our findings shed new light on the origins and consequences of Islamism.

scholarly journals Asas Kebiasaan Pemberian Uang Panjar dalam Transaksi Jual Beli Era Pasar Bebas

2019 ◽  
Vol 31 (1) ◽  
pp. 31
Author(s):  
Holijah Holijah
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Customary Law ◽  
Positive Law ◽  
Library Research

AbstractRecently, the activities of economic and as well as various model of transaction has always been developed. However the transaction with this system (voorschot) always happened in the society. This research is aiming to give a concept and practice by consequences of law from a custom giving a voorschot  in transaction. This research is using a documentary and library research. The result of this study showed that with a concept and practice of giving voorschot who is recognized by positive law as well as customary law, civil law and islamic law. Then in the development of the practice this transaction of buying a product with this system is approved as a sign of agreement and can be allowed to held it. IntisariPemberian uang panjar dalam transaksi jual beli suatu produk barang adalah merupakan kebiasaan yang terjadi di masyarakat Indonesia. Transaksi jual beli produk barang sebagai upaya dalam memenuhi kebutuhan dan cara mendistribusikan kebutuhan, yang mana konsep dan praktiknya melandaskan pada filosofi yang berbeda-beda. Pemberian uang panjar sebagai konsep perjanjian, adalah selaras dengan asas kebiasaan dalam perjanjian, sehingga uang panjar sebagai uang tanda jadi dan uang muka dalam transaksi jual beli produk barang juga dalam praktik tergantung kesepakatan akan di kembalikan atau tidak, termasuk bagian harga jual ataupun tidak. Sementara itu, mengenai pemberian uang panjar sebagai uang muka jika terjadi pembatalan, maka uang panjar sebagai uang muka dikembalikan.

scholarly journals THE A Politics of Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era

ULUMUNA ◽  
2020 ◽  
Vol 24 (2) ◽  
pp. 320-347
Author(s):  
Ali Murtadho Emzaed ◽  
Kamsi Kamsi ◽  
Ali Akhbar Abaib Mas Rabbani Lubis
Keyword(s):  
House Of Representatives ◽  
Islamic Law ◽  
The State ◽  
Political Support ◽  
New Order ◽  
Multicultural Society ◽  
Politics Of Recognition ◽  
Reform Era ◽  
Religious Law ◽  
New Phase

This article discusses Islamic civilians' struggles in gaining recognition of ‘positivization’ of Zakat Law No. 38/1999 and analyzes dynamics of relations between religion and the state in Indonesia. A period of democratic transition from Suharto to B.J. Habibie (Reform era 1998) marked an entry point for a new phase of state juridical recognition to Islamic law. In this paper, the dynamics of political recognition of zakat law are elucidated from a historical-critical analysis. The findings are twofold. Firstly, the zakat law was enacted during B.J. Habibie’s administration, where waves of democratization began. Secondly, the Islamic civilians played an important role in institutionalizing zakat and providing political support for the Ministry of Religion's efforts in proposing Zakat Management Bill (RUUPZ) to the House of Representatives. The state acknowledged multicultural society by adopting their living religious law whose application does not threaten the nation's unity.

Transaksi Cryptocurrency dalam Pandangan Hukum Ekonomi Syariah

2021 ◽  
Vol 6 (2) ◽  
pp. 137-148
Author(s):  
Hardian Satria Jati ◽  
Ahmad Arif Zulfikar
Keyword(s):  
Islamic Law ◽  
Economic Behavior ◽  
Point Of View ◽  
Digital Currency ◽  
Digital Era ◽  
Library Research ◽  
Analysis Technique ◽  
Physical Form ◽  
Crypto Currency ◽  
Pros And Cons

The increasingly widespread development of the digital era has led to changes in the payment system which then affects the economic behavior of the community in line with the increase in various services that facilitate economic activity. An example is the emergence of crypto currency or Cryptocurrency as a digital currency that has almost the same function as other currencies. The thing that distinguishes this digital currency from conventional currencies in general is that it does not have a physical form of money like currency currency but only a block of data bound by a hash as validation. Although it provides a number of advantages for its users, the existence of cryptocurrencies in Indonesia itself is still experiencing pros and cons in terms of regulation and legality, especially from the point of view of Islamic law for its use. Therefore, this study was conducted to review cryptocurrencies that are widely used in transactions, especially investments from the perspective of Islamic law. This research is a qualitative library research. The data analysis technique used is descriptive-analytical with a normative juridical approach to Islamic law. Based on a number of references used in this study, it is known that investing with cryptocurrencies has a very high risk because its value can go up or down drastically and unpredictable. Meanwhile, from the point of view of Islamic sharia law, the law of this cryptocurrency transaction is haram lighairihi.

Pelaksanaan Kad Radha’ah sebagai Alternatif Penjagaan Nasab Keturunan dan Anak Susuan oleh Jabatan Agama Islam Selangor

2020 ◽  
Vol 32 (2) ◽  
pp. 195-222
Author(s):  
Mohd. Norhusairi Mat Hussin ◽  
◽  
Abdul Mu'iz Mohd Tamyes
Keyword(s):  
Qualitative Study ◽  
Islamic Law ◽  
Point Of View ◽  
Library Research ◽  
Entire Country ◽  
Wet Nurse

This qualitative study is an analysis following the implementation of the MyRadha’ah Card which was introduced in Malaysia by the Selangor Islamic Religious Department (JAIS) on 19 November, 2018. It is a mechanism for ascertaining the identity of a child and its wet nurse or ‘milk- mother’. This aids in safeguarding the Islamic family institution, in particular, involving nasab (lineage) and mahram (unmarriageable kin) to manifest the Maqasid Shariah (objectives of the sharia) which requires hifz al-nasl or care of the offspring. This study, therefore, is meant to study the concept of wet-nursing from the point of view of Islamic law, as well as identifying the institutions or agencies that should play a role in regulating issues related to wet-nursing. The data were obtained through library research and interviews analysed using inductive and deductive methods. The study finds that the implementation of the MyRadha’ah Card should not be limited to one state but is a necessity for the entire country. The cooperation of various parties is crucial for implementation in stages and requires streamlining among all the states in Malaysia.

scholarly journals Penggunaan Mazhab Selain Syafi‘I dalam Fatwa Negara Brunei Darussalam

2018 ◽  
Vol 7 (1) ◽  
pp. 37-56
Author(s):  
Abdul Qayyuum Aminnuddin ◽  
Mohd Anuar Ramli
Keyword(s):  
Islamic Law ◽  
Daily Practice ◽  
The State ◽  
Analysis Method ◽  
Brunei Darussalam ◽  
Library Research ◽  
Content Analysis Method ◽  
Differences Of Opinion ◽  
The One ◽  
Islamic Society

Negara Brunei Darussalam is known as a country that strongly adhere and follow the Syafi‘ite School of Islamic law (madhhab). Both in daily practice of its Islamic society as well as in the Islamic legal pronouncements (fatwa) that have been issued. Hence, this study aims to demonstrate the existence of opinion from madhhabs other than the Syafi‘ite in the justifications of the State Mufti of Brunei for issuing fatwa. Therefore, library research was conducted to gather suitable fatwas, while content analysis method was performed to identify fatwas that comprised the opinion of madhhabs other than the Syafi‘ite. As a result of this study, those opinions that were brought up in the fatwas are caused by several factors. Namely to show the similarities and differences of opinion between those madhhab and the Syafi‘ite, to meet the demand of the one seeking fatwa (al-mustafti) and when the State Mufti was giving guidance (irsyad) at the end of his fatwa. Keywords: Madhhab, Hanafi, Maliki, Syafi‘i, Hanbali, Fatwa, Brunei. Abstrak Negara Brunei Darussalam dikenali dengan negara yang berpegang kuat dengan mazhab Syafi‘I sama ada dalam amalan seharian masyarakat Islamnya mahupun dalam keputusan-keputusan fatwa yang dikeluarkan. Justeru kajian ini bertujuan untuk memperlihatkan kewujudan pendapat mazhab selain Syafi‘I dalam hujah-hujah Mufti Kerajaan Brunei bagi mengeluarkan fatwa. Kaedah perpustakaan dijalankan untuk mengumpul fatwa yang dikaji dan kaedah analisis kandungan digunakan untuk mengenal pasti fatwa yang terdapat di dalamnya pendapat dari luar mazhab Syafi‘i. Hasil kajian mendapati pendapat-pendapat mazhab selain Syafi‘I yang dikemukakan dalam fatwa-fatwa tersebut adalah disebabkan oleh beberapa faktor iaitu bagi menunjukkan persamaan dan perbezaan pendapat, bagi memenuhi permintaan orang yang bertanya dan apabila Mufti Kerajaan Brunei mengemukakan irsyad di hujung teks fatwanya. Kata kunci: Mazhab, Hanafi, Maliki, Syafi‘i, Hanbali, Fatwa, Brunei.

scholarly journals Moderasi Beragama: Meninjau Hadis-Hadis Hukuman Mati bagi Orang Murtad

2020 ◽  
Vol 18 (2) ◽  
pp. 169-188
Author(s):  
Nasirudin Al Ahsani
Keyword(s):  
Death Penalty ◽  
Islamic Law ◽  
Research Data ◽  
The State ◽  
Secondary Sources ◽  
The Past ◽  
Library Research

Islam is a religion that gives mercy to all creation, a religion that teaches peace, safety and prosperity. In recent years, there have been many wicked individuals trying to destroy Islam. Unlike in the past where waging war on Islam were done only with swords, today's war against Islam is more powerful, that is by planting seeds of doubt in every Muslim's heart. Both in terms of aqidah (Creed) and Sharia (Islamic law). The current study is a library research. The main sources of this research data were taken from the kutub al sittah (the authentic six): Ṣaḥīḥ Bukhārī, Ṣaḥīḥ Muslim, Sunan Abī Dāwūd, Sunan al-Nasāʾi, Sunan al-Tirmidhi, and Sunan Ibn Mājah. Meanwhile, the secondary sources were taken from the takhrij and shurūḥ al-hadīth books. The conclusion of the current study reveals that the death penalty for those who turn back from Islam or apostates can be applied if they meet two conditions: 1) Leaving Islam either by word or deed; 2) Committing criminal acts, such as: dividing Muslims, creating chaos, damage, disobeying the state, and helping the enemy in fighting the Muslims. The author concludes that neither the verses in the Qur'an nor the hadiths of the Prophet PBUH immediately order the killing of a person who turns back from Islam, unless that person commits insubordination, is in league with the enemy and other similar things.

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