scholarly journals CONCEPT OF WALI MUJBIR IN MARRIAGE (LEGAL CRITICISM OF COUNTER LEGAL DRAFT COMPILATION OF ISLAMIC LAW)

2021 ◽  
Vol 8 (2) ◽  
pp. 189
Author(s):  
Musda Asmara
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Law Reform ◽  
Legal Certainty ◽  
Secondary Sources ◽  
Pros And Cons ◽  
The Common ◽  
Descriptive Approach ◽  
And Gender ◽  
Common Understanding

 Responding to demands from a group of parties to formalize Islamic law, the Counter Legal Draft Compilation of Islamic Law (CLD KHI) team has compiled a pluralist, democratic, humanist, and gender fair Islamic law text.This manuscript reaps pros and cons during society because it is considered not in line with the values contained in the Qur’an and hadith.Because of the discrepancy between the opinions of most jurists in general with the contents of the CLD-KHI, of course, it will result in the absence of legal certainty in the future. The object of this research is only focused on the concept of walimujbir. The method used in this research is a qualitative method with a descriptive approach, data is collected openly according to what is obtained from primary and secondary sources. The results of this study indicate that the presence of a guardian in a marriage is positioned as a pillar of Marriage. In contrast, in the CLD-KHI formulation, a guardian is not required in a marriage. The formulation of Islamic family law reform offered by CLD-KHI is based solely on public logic, local wisdom, and on several perspectives such as democracy, pluralism, human rights, justice, gender equality, and western ideology. In matters of marriage, especially regarding guardians of mujbir, the ideas of CLD-KHI are different and even contradict the common understanding of principles of Islamic teachings and practices.

scholarly journals THE PROVISIONS OF WATER AND GARBAGE POLLUTION IN STREET, DRAINAGE AND BUILDING ACT, 1974: A VIEW IN ISLAMIC LAW

2020 ◽  
Author(s):  
Abdul Basir Mohamad
Keyword(s):  
Water Resources ◽  
Qualitative Method ◽  
Islamic Law ◽  
Paper Analysis ◽  
Environmental Conservation ◽  
Secondary Sources ◽  
Rights And Interests

The statute relating to environmental conservation plays an important role to protect water and garbage pollution. The establishment and enforcement of the Street, Drainage and Building Act 1974 is to protect the people’s rights and interests in order to safeguard the environment from being polluted. There are a few provisions in this Act relating to water and garbage pollution and protection of water resources from any pollution. Therefore, this article will examine the provisions in relation to water and garbage pollution in the Act and then identify similar discussions in Islamic law, which deal with the protection of water and garbage pollution. A qualitative method is used to obtain data for this paper. Analysis of documents from primary and secondary sources was executed inductively, deductively and comparatively using the Act and Islamic reference sources which was then documented in a descriptive report.

scholarly journals The Pros and Cons of Bringing Children up Bilingually

2019 ◽  
Vol 5 (3) ◽  
pp. 73
Author(s):  
Rasool Mohammed Kheder
Keyword(s):  
Decision Making ◽  
Qualitative Method ◽  
Bilingual Children ◽  
Related Literature ◽  
Vital Importance ◽  
Pros And Cons ◽  
The Common ◽  
Points Of View ◽  
Cross National

The advisability of bringing children up bilingually is always questionable by the parents in general, but it is of vital importance for the parents of those children who are born within cross-national relationships. The current paper highlights the benefits and negative aspects of so doing from various points of view available in the related literature. It deals chiefly with assessing the parents’ situations and suggesting appropriate approaches to them for decision making when they want to raise their children bilingually. Although qualitative method of research including the descriptive and argumentative methods are used for the majority parts of the study, the instances of the writer’s bilingual experience are also mentioned as an outstanding proof in a case study. Whilst most of the common strategies for bringing children up bilingually are given in the current study, there are, of course, some other strategies for various circumstances. Other studies are recommended to focus mainly on strategies and reveal them for those parents who are eager to raise bilingual children.

scholarly journals IMPLEMENTASI QANUN NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT DI KOTA BANDA ACEH PROVINSI ACEH

2020 ◽  
pp. 11-20
Author(s):  
Selvia Junita Praja ◽  
Wia Ulfa
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Research Data ◽  
Financial Resources ◽  
The Past ◽  
Adequate Quality ◽  
Research Findings ◽  
Descriptive Approach ◽  
The City ◽  
Banda Aceh

Qanun Jinayat is a legal product established with the aim of reducing the number of violations of Islamic law in the city of Banda Aceh. But the facts show that the implementation of this qanun over the past five years has not reduced violations of Islamic law. This is interesting to do research considering the presence of the qanun as the norm that enforces Islamic Sharia has not been able to reduce the level of violation. For this reason, this research would like to describe the implementation of the Qanun Jinayat and the factors that cause the qanun become ineffective.             This research uses qualitative method with descriptive approach. The Research data collected were using interview and documentation study technique.             Research findings reveal that the process of implementing Qanun No. 6 of 2014 concerning Jinayat Law has not gone well. Factors that cause the ineffectiveness of the implementation of the Qanun Jinayat in Banda Aceh City are human resources that lack adequate quality, management of financial resources that are not optimal and the availability of facilities and infrastructure that have not been good.   Keywords : Implementation, Qanun Jinayat

scholarly journals Penerapan Bagi Hasil Maro Perspektif Akad Mukhabarah

2020 ◽  
Vol 3 (1) ◽  
pp. 45
Author(s):  
Ana Liana Wahyuningrum ◽  
Darwanto Darwanto
Keyword(s):  
Data Collection ◽  
Qualitative Method ◽  
Islamic Law ◽  
Profit Sharing ◽  
Agricultural System ◽  
For Profit ◽  
Village People ◽  
Descriptive Approach ◽  
Document Review ◽  
Collection Methods

<p><em>Mukhabarah is a profit sharing partnership between the land owner and the sharecropper, where the land owner surrenders his land to the sharecropper and the capital is fully borned by the sharecropper. Mukhabarah which are take a place in Brakas Village, people are more familiar with "maro". The profit sharing collaboration was based on verbal agreements based on trust without witnesses and it is not determined how long the collaboration will be. The study aims to analyse what the agricultural system are used, what are the reasons for profit sharing, and how  "maro" system is compatible with the Mukhabarah. The research is used qualitative method with a descriptive approach, data collection methods through observation, interviews, and document review. The results found that smallholders and landowners preferred to profit sharing rather than rent. Furthermore, the implementation of profit sharing cooperation in Brakas Village was a mukhabarah agreement in Islamic law, but in practice was not fully in accordance with the existing Islamic concept, because there were some things that were not appropriate.</em></p>

scholarly journals A Social Impact Bond (SIB) : A Shariah Appraisal

2019 ◽  
Vol 27 (1) ◽  
pp. 181-208
Author(s):  
Mahadi Umar Ahmad ◽  
Yahaya Yunusa Bambale ◽  
Mahamad Ibrahim Adam Zain
Keyword(s):  
Qualitative Method ◽  
Social Impact ◽  
Islamic Law ◽  
Point Of View ◽  
Secondary Sources ◽  
Funding Mechanism ◽  
The United Kingdom ◽  
Depth Analysis ◽  
Research Show ◽  
Outcome Metrics

Social Impact Bond (SIB) is a funding mechanism for social projects whereby the payment for the projects is anchored on meeting the outcome metrics, otherwise the investors risk losing their money. The mechanism emerged since 2010 in the United Kingdom and has quickly spread to other parts of the world. In the past, there has not been any popular fatwā on this mechanism from a Sharīʿah point of view.  Therefore, this article will examine the funding and payment arrangement and then conduct takyif fiqhi (jurisprudential adaptation) to ascertain the degree of Sharīʿah compliance and determine the most appropriate Islamic contract most suitable under the arrangement. The article adopts qualitative method of research by making in-depth analysis of Islamic contracts including the primary and secondary sources of Islamic law. It also relied on literature on SIB from conventional point of view and internet materials. Major findings of the research show that SIB, whilst its pay-for-success mechanism does not contain ribā, it contains excessive gharar. The excessive gharar, however, was found ineffective to void al-jaʿālah-based SIB and hibah li thawāb which is the second contract similar to SIB. This is because of hājah and element of gratuity respectively.

scholarly journals The Role of Islam in the Management and Administration of Brunei Darussalam

2020 ◽  
Vol 3 (2) ◽  
pp. 45-49
Author(s):  
Fatin Rabia'tul Adawiyah Md Fareed
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Religious Institutions ◽  
Islamic State ◽  
Secondary Sources ◽  
Islamic Country ◽  
Brunei Darussalam ◽  
History Of ◽  
Islamic Values

Islam plays an essential role in forming and shaping an Islamic country. Similarly, Brunei Darussalam, an Islamic country, has made every effort to inculcate Islamic values ​​in various aspects of the country's management and administration. This concept paper aims to provide exposure regarding the role of Islam in the management and administration of Brunei Darussalam by describing the history of the arrival of Islam in Brunei Darussalam and the role of Islam in the management and administration of the country. This concept paper uses a qualitative method in the form of a library concerning secondary sources only. The results of the study found that the leadership of the Sultan is a major factor that contributes to the strong application of Islamic teachings in the management and administration of the country, and among the five main aspects that receive the influence of Islamic teachings are aspects of government and administration, administration of Islamic law, religious institutions, Islamic education, and economy. The effect of the application of Islamic teachings has strengthened the country's identity to become an Islamic state.

scholarly journals THE IMPLEMENTATION OF GOOD GOVERNANCE IN SUSTAINING WAQF FUND: AN EXPERIENCE OF INDONESIAN WAQF BOARD (BWI)

2020 ◽  
Vol 2 (2) ◽  
pp. 46-65
Keyword(s):  
Qualitative Method ◽  
Good Governance ◽  
State Institution ◽  
Primary Data ◽  
Independent State ◽  
Secondary Sources ◽  
Interview Session ◽  
Pros And Cons ◽  
Muslim Majority ◽  
Method Approach

Good governance is at the heart of any successful organization. It helps the organization to achieve its objectives and drive improvement, as well as maintain legal and ethical standing in the eyes of shareholders, regulators and the wider community. The implementation of good governance builds a positive reputation and helps to increase business sustainability and profitability within the organization. Indonesia is the most populous Muslim-majority country in the world and has great potential in waqf assets and funds. Indonesian Waqf Board (BWI) is an independent state institution, formed based on Law Number 41 of 2004 concerning waqf. The main objective of its establishment is to become a coordinating institution of existing nazhir (waqf managers) in managing and supervising waqf assets and funds. This paper aims to critically analyze the implementation of good governance adapted by the Indonesian Waqf Board (BWI) in sustaining its waqf fund. A qualitative method approach was employed using primary and secondary sources. The primary data was collected through the interview session with BWI officers, while secondary sources were collected through published regulation and reports, journal papers, and articles. The content analysis approach was adopted to analyze the data gathered from this study. The findings showed that the Indonesian Waqf Board (BWI) was given huge responsibility by carrying out various functions whether as a motivator, facilitator, regulator and other supporting roles. The huge responsibility and the overlapping functions of the BWI have pros and cons in sustaining its waqf fund. This study is expected to provide the current condition of waqf governance in Indonesia and the sustainability of waqf funds managed by the Indonesian Waqf Board (BWI).

scholarly journals KEPEMIMPINAN PEREMPUAN DI RANAH PUBLIK DALAM KAJIAN PERSPEKTIF FIQIH

2020 ◽  
Vol 5 (1) ◽  
pp. 104
Author(s):  
Henderi Kusmidi
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Islamic Law ◽  
Women's Leadership ◽  
Public Spheres ◽  
The World ◽  
Pros And Cons ◽  
Public Area ◽  
And Gender ◽  
The Right

Abstract: The existence of women in the context of strategic leadership in various lines of life including in government becomes a controversial issue among classical and contemporary scholars. Some scholars tend to allow women to be leaders in strategic positions, while some other scholars tend not to allow women to be leaders. Their views on whether or not women can become leaders are supported by each of the arguments they build. However, if each of the arguments they build is analyzed comprehensively, then it seems that the more logical and rational views of the scholars who tend to allow women to become leaders with consideration of the benefits and interpretations that will result. The implications of this are creative, innovative, constructive and gender equality perspectives in the context of leadership in all walks of life of people, nations and countries in the current era of globalization, reform and advancement of information technology. Women's leadership becomes a public issue that is always hotly discussed, even provoking polemics and debates between the pros and cons of women's leadership in the State or other public spheres. Despite the recognition of basic human rights including the right of women to be equal with men, it seems to have experienced a significant increase in various parts of the world. In terms of leadership, the position of women is still faced with the position of men. Women are considered not fit to occupy positions related to power that are considered appropriate only for men. finally to the kitchen is also often used as a tool to justify acts of injustice against women.Keywords: Leadership, Womans, Public Area dan Islamic Law;

scholarly journals Urgensi Fatwa MUI dalam Pembangunan Sistem Hukum Ekonomi Islam di Indonesia

2017 ◽  
Vol 12 (1) ◽  
pp. 87-106
Author(s):  
Andi Fariana
Keyword(s):  
Legal System ◽  
Qualitative Method ◽  
Islamic Law ◽  
First Principle ◽  
Law System ◽  
Binding Force ◽  
Legal Method ◽  
Political Approach ◽  
Descriptive Approach ◽  
The Republic

Fatwa tidak sama dengan hukum positif yang memiliki kekuatan mengikat bagi seluruh warganegara, namun fatwa dapat memiliki kekuatan mengikat setelah ditransformasi ke dalam peraturan perundang-undangan. Fatwa yang dikeluarkan oleh DSN-MUI (Dewan Syariah Nasional Majelis Ulama Indonesia) kurang lebih sebanyak 107 fatwa dan telah memberi kontribusi positif terhadap regulasi sistem hukum ekonomi syariah. Fatwa DSN-MUI menjadi bagian penting dalam sistem Hukum Republik Indonesia yang berdasarkan pada Pancasila sila pertama adalah Ketuhanan Yang Maha Esa dan salah satu dari the living law-nya adalah Hukum Islam. Metode penelitian yuridis normatif ini dilakukan dengan pendekatan deskriptif analitis, yaitu menggambarkan secara sistematis, faktual dan akurat, segala fakta dan permasalahan yang diteliti dikaitkan dengan teori-teori hukum dan dengan (1) pendekatan perundang-undangan (statute approach), (2) pendekatan sejarah (hystorical approach), (3) pendekatan  politis (Political approach). Selanjutnya, data yang diperoleh dianalisis secara yuridis kualitatif dengan memperhatikan sistem hukum yang berlaku dan kemudian dilakukan penafsiran. (Fatwa is not the same as the state law which has binding force for all citizens, but it may have binding force after being transformed into a legislation. Fatwas that have been issued by the DSN-MUI (the National Sharia Council of Indonesian Ulama Council) are approximately 107 fatwas and have contributed positively to the regulation of the legal system of Islamic economics. Fatwa of the DSN-MUI has became an important part in the law system of the Republic of Indonesia which is based on Pancasila (The Five Principles) in which the first principle of the Pancasila is the Almighty God and one of its living law is Islamic law. This research applies normative legal method with analytical descriptive approach, which describes systematically, factually and accurately all the facts and problems being studied. This is done by associating them with theories of law through (1) statute approach, (2) hystorical approach, and (3) Political approach. Next, the data obtained are analyzed through juridical qualitative method by considering the legal system before being interpreted)

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