scholarly journals LEGISLASI HUKUM EKONOMI SYARIAH: STUDI TENTANG PRODUK REGULASI HUKUM EKONOMI SYARIAH DI INDONESIA

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Panji Adam
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
System Component ◽  
Legislative Process ◽  
Significant Development ◽  
Legal Norms ◽  
Economic Law ◽  
Islamic Economic ◽  
Islamic Values ◽  
Law Regulation

ABSTRAK Legislasi adalah proses yang berlangsung di lembaga legislatif, yakni pembuatan dan pengundangan peraturan perundang-undangan. Materi hukum Islam dapat menjadi muatan dalam proses legislasi melalui mekanisme positivisasi. Salah satu sub bidang dalam kajian hukum Islam adalah hukum ekonomi syariah. Hukum ekonomi syariah merupakan subsistem dalam sistem hukum Islam yang dari waktu ke waktu mengalami perkembangan yang cukup signifikan. Oleh karena itu perlu adanya positivisasi hukum melalui upaya legislasi hukum. Tujuan penelitian ini pertama untuk mengetahui kedudukan hukum ekonomi syariah menurut konsep sistem hukum; kedua, untuk mengetahu produk regulasi hukum ekonomi syariah apa sajakah yang bersumber dari norma hukum Islam. Hasil penelitian menunjukan bahwa, pertama, komponen sistem hukum terdiri atas 3 unsur, yaitu struktur, substansi dan budaya hukum. Kedudukan hukum ekonomi syariah dalam ketiga sistem hukum tersebut sudah teraplikasikan. Hal ini dapat dilihat dari banyaknya lembaga-lembaga atau pranata-pranata ekonomi yang berbasiskan nilai-nilai syariah. Terdapat beberapa regulasi dibidang hukum ekonomi syariah yang telah dibuat oleh lembaga legislatif yang bersumber dari norma-norma hukum Islam; kedua, produk-produk regulasi dibidang hukum ekonomi syariah yang bersumber dari noma-norma hukum Islam antara lain adalah sebagai berikut: (1) UU No. 23 Tahun 2011 tentang Pengelolaan Zakat; (2) UU No. 41 Tahun 2004 tentang Wakaf; (3) UU No. 19 Tahun 2008 tentang Surat berharga Syariah Negara; dan (4) UU No. 21 Tahun 2008 tentang Perbankan Syariah.  Kata Kunci: Legislasi, Hukum Ekonomi Syariah, Regulasi   ABSTRACT Legislation is the process that takes place in the legislature, namely the making and enactment of laws and regulations. Islamic legal material can be the content of the legislative process through the positivisation mechanism. One sub-field in the study of Islamic law is sharia economic law. Sharia economic law is a subsystem in the Islamic legal system that from time to time experiences significant development. Therefore, it is necessary to have legal positivisation through legal legislation efforts. The purpose of this study is first to determine the position of sharia economic law according to the concept of the legal system; secondly, to find out what products of Islamic economic law regulation derive from Islamic legal norms. The results of the study show that, first, the legal system component consists of 3 elements, namely the structure, substance and culture of law. The position of Islamic economic law in the three legal systems has been applied. This can be seen from the number of economic institutions or institutions based on Islamic values. There are several regulations in the field of sharia economic law that have been made by the legislature which are derived from Islamic legal norms; second, regulatory products in the field of Islamic economic law derived from Islamic legal norms include the following: (1) Law No. 23 of 2011 concerning the Management of Zakat; (2) Law No. 41 of 2004 concerning Waqf; (3) Law No. 19 of 2008 concerning State Sharia Securities; and (4) Law No. 21 of 2008 concerning Islamic Banking. Keyword: Legislation, Sharia Economic Law, Regulation  

scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

Comparative Study Of Islamic Economic Law And The Capitalist

2018 ◽  
Vol 16 (2) ◽  
pp. 104
Author(s):  
Tesa Mellina ◽  
Mohammad Ghozali
Keyword(s):  
Economic System ◽  
Capitalist System ◽  
Economic Problems ◽  
Economic Law ◽  
The Poor ◽  
Economic Practice ◽  
The World ◽  
Islamic Economic ◽  
Economic Injustice ◽  
Islamic Values

The implementation ofthe capitalist system has eliminated the Islamic values in economic practice. After the financial crisis hit the world, the capitalist system reaped many questions and its greatnessbegins to be doubted. The capitalist system implementationprecisely creates new problems in the economy. The concept of individualism which is the main key in capitalist practice only creates economic injustice and misery of the poor. The only economic theory that is expected as a light in dealing with economic problems is an economic system that is able to create justice,the welfare of all parties and blessings both the world and the hereafter. The theory is the Islamic economics which in practice is inseparable from Islamiceconomic law. Islamic economic law that underlies the Islamic economic system is totally different from the capitalist economic system.Keywords: Islamic Economic Law; Islamic economics; Capitalist Economy

SAYYID ABUL AÑLÓ MAWDÕDÔ’S VIEWS ON IJTIHÓD AND THEIR RELEVANCE TO THE CONTEMPORARY MUSLIM SOCIETY

2010 ◽  
Vol 6 (2) ◽  
pp. 121
Author(s):  
Munawar Haque
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Aspect ◽  
Academic Research ◽  
Spiritual Leadership ◽  
Legislative Process ◽  
Islamic Revival ◽  
Muslim Society ◽  
The One ◽  
Political Economic

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.

scholarly journals URGENSI KOMPILASI HUKUM ISLAM (KHI) DAN METODE IJTIHAD DALAM MENGHADAPI PERKEMBANGAN HUKUM ISLAM DI INDONESIA

Asy-Syari ah ◽  
2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Rachmat Syafe’i
Keyword(s):  
Legal System ◽  
Political Action ◽  
Islamic Law ◽  
Marriage Law ◽  
Muslim Population ◽  
Legal Norms ◽  
Presidential Decree ◽  
Clear Conception

The tradition of Islamic law in Indonesia's Muslim population can not be separated from values, legal norms, and legal products. Therefore, the position of ijtihad is one of the important instruments in Islam. In this context, a mujtahid in general perform several steps in formulating Islamic rules from the sources, that are the Quran and Hadith. The position of Islamic law in the legal system in Indonesia is increasingly gaining recognition juridically. One of that is  enactment of the Marriage Law Num­ber 1 Year 1974 and Presidential Decree Number 1 Year 1991 on the Compilation of Isla­mic Law. Thus the actualization of Islamic law must be carried out systematically by con­crete actions. Actualization of Islamic law is not enough, it will even harm if done only for political action which campaign demanding the implementation of Shari'a. One of the problems encountered in attempts to actualize Islamic law is the absence of a clear conception of the legal matter that must be actualized in national law, both of which apply specifically to Muslims and generally applicable.

Pengadaan Vaksin Covid-19 Triwulan I Tahun 2021 di Indonesia Persfektif Hukum Ekonomi Syariah

2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa
Keyword(s):  
Islamic Law ◽  
Law And Economics ◽  
Secondary Data ◽  
Data Sources ◽  
Literature Study ◽  
Economic Law ◽  
Trade Law ◽  
Import And Export ◽  
The Government ◽  
Islamic Economic

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

scholarly journals CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA

2021 ◽  
Vol 9 (1) ◽  
pp. 155-174
Author(s):  
Doli Witro ◽  
Atang Abdul Hakim ◽  
Koko Komaruddin
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The Political ◽  
Historical Approach ◽  
State Institutions ◽  
Normative Approach ◽  
Economic Law ◽  
Political Approach ◽  
Islamic Economic

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.

scholarly journals PEDAGOGIK EKONOMI SYARIAH DALAM ISLAM

2021 ◽  
Vol 2 (2) ◽  
pp. 100
Author(s):  
Maryati Mallongi
Keyword(s):  
Economic System ◽  
Islamic Law ◽  
Basic Needs ◽  
Prototype System ◽  
Economic Problems ◽  
Distribution Of Wealth ◽  
Main Challenge ◽  
Islamic Religion ◽  
Islamic Economic ◽  
Islamic Values

Islamic economics pedagogically is a system of knowledge that studies economic problems. The implementation of this system applies Islamic law. As a prototype system that has its own characteristics, Islamic economics is applied based on the Qur'an, As-Sunnah, Ijtima', and Ijtihad/Qiyas. Its implementation is carried out following the principles; (1) Tawhid and Brotherhood, (2) Work and Productivity; and (3) Fair Distribution of Wealth. The objective of sharia economics is to meet the basic needs of mankind based on Islamic values. Islamic economics is not only a practical system, but also a pedagogical system of knowledge that contributes to knowledge and enlightenment of the economic system. The main challenge of the Islamic economic system lies in its epistemological and terminological problems which are still interpreted as mere normative doctrines of the Islamic religion. The Islamic economic system in today's contemporary era must be able to interpret its existence as a science that becomes a humanist alternative for the inequalities of the failed global economic system and is able to establish the system as a pedagogic.

scholarly journals Royalty Fee Bisnis Waralaba Ritel di Kota Makassar dalam Perspektif Hukum Ekonomi Syariah

2021 ◽  
Vol 7 (1) ◽  
pp. 139-158
Author(s):  
Andi Nur Afifah ◽  
Sohrah ◽  
Muslimin Kara
Keyword(s):  
Islamic Law ◽  
Delay System ◽  
Retail Store ◽  
Descriptive Research ◽  
Economic Law ◽  
Qualitative Descriptive ◽  
The Difference ◽  
Islamic Economic ◽  
Sociological Approaches ◽  
The City

The aim of this research was to determine and understand the royalty fees for retail store franchise business in the perspective of Islamic economic law in the city of Makassar. This research was a type of qualitative descriptive research (non-statistical) using normative, phenomenological, and sociological approaches. Findings of this research revealed that: First, the franchise of company X with its franchisee was in accordance with the Islamic law, there was no element of fraud in terms of contracts and agreements which was implemented in transparency. While, the franchise of company Y and its franchisee, there were different perceptions of policies related to the contract and franchise agreement, namely the absence of a written signing so that it was not in accordance with sharia, but both parties agreed on considerations and amendment policies that made specifically by the franchisee. Second, the implementation of royalty fees between the two companies had been carried out in transparency. The difference of both companies and their franchisees was from the policy of late payment of royalty fees. Company X and its franchisee used a maximum three-month deadline with an interest system, this was not adjusted to Islamic law because interest includes usury. Then, company Y and its franchisee would absolutely not use the delay system policy, because the royalty fee would automatically be deducted from the franchisee's cashback by purchasing products at Company Y.

Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 307-316
Author(s):  
Ibnu Elmi Achmat Slamat Pelu ◽  
Jefry Tarantang
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Authority ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
High Position ◽  
Legal Norms ◽  
Legal Development ◽  
Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

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