scholarly journals Comparative Juridical Analysis Of Witness's Position In Notarial Agreement Making Based On Islamic Law And Public Notary Law (UUJN)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 345
Author(s):  
Meta Agulegistin ◽  
Akhmad Khisni
Keyword(s):  
Islamic Law ◽  
Research Result ◽  
Text Messages ◽  
The Other ◽  
Conceptual Approach ◽  
Actual Event ◽  
Qualified Person ◽  
The Difference ◽  
Similarity And Difference ◽  
Definite Statement

The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary  Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law

scholarly journals Potency of Cinnamomum burmannii as Antioxidant and α Glucosidase Inhibitor and Their Relation to Trans-Cinamaldehyde and Coumarin Contents

2020 ◽  
Vol 7 (3) ◽  
pp. 20-25
Author(s):  
Djadjat Tisnadjaja ◽  
Herman Irawan ◽  
Nurlaili Ekawati ◽  
Bustanussalam Bustanussalam ◽  
Partomuan Simanjuntak
Keyword(s):  
Research Result ◽  
Production Capacity ◽  
The Other ◽  
Inhibition Activity ◽  
Flavonoid Content ◽  
Cinnamomum Zeylanicum ◽  
Market Growth ◽  
Glucosidase Inhibitor ◽  
Cinnamomum Burmannii ◽  
The Difference

Cinnamon (Cinnamomum spp) is one of important export commodity for Indonesia. With annual production capacity about 103.594 tons, Indonesia is one of main cinnamon’s exporter especially to United States. Recently the utilization of cinnamon is developed, where not only use as spices but also use in pharmaceutical and cosmetic industries. The development of cinnamon’s use of course might lead to the market growth.. But on the other side arise an issue about coumarin content, where Cinnamomum burmannii issued to have higher content of this hepatotoxic compound than Cinnamomum verum or Cinnamomum zeylanicum. This research result showed that, although coumarin content of Indonesian Cinnamomum burmannii is higher than Cinnamomum zeylanicum but the difference is not too significant. C. burmannii collected from Gunung. Mas, West Java has coumarin content of 0.0030 % which is slightly higher than C. zeylanicum (0.0017 %). This research result also shown that antioxidant activity and α glucosidase inhibition activity is related to polyphenol and flavonoid content.

scholarly journals Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sya Rifah Isnaeni
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Operational Costs ◽  
Library Research ◽  
The Law ◽  
The Difference ◽  
Conventional Banks

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

scholarly journals HIBAH SEMUA HARTA KEPADA ANAK ANGKAT (TELAAH KOMPARASI ANTARA KUH PERDATA DAN KHI)

2020 ◽  
Vol 8 (1) ◽  
pp. 109-140
Author(s):  
Nor Mohammad Abdoeh
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Human Beings ◽  
Normative Approach ◽  
Qualified Person ◽  
Similarities And Differences ◽  
The Law ◽  
The Difference

One of the ways that human beings use to obtain treasure is grants. The grant process cannot be separated from the limit of the donated property. In reality, many people grant his wealth to his adopted son with all his possessions. It is a matter of the adopted child's position in the law. The purpose of this paper is to explain how the views of the Civil Code and the Islamic Law about grant and that comparation. The approach of this research with normative approach, by investigating whether it is according to the norms that apply. The conclusion of this research, that the rules of grant in the Civil Code and KHI actually have similarities and differences. The similarity of the two rules is seen in defining the meaning of the grant, its elements and similarity in judging a qualified person to do the grant. The difference of the rules are both seen in the share of grant distribution. The portion in KHI is a maximum of 1/3. The existence parts and restriction of the treasures in the grant is nothing but to protect from the tendency of the benefactor to ignore their family. While in the Civil Code based on Legitime Portie

scholarly journals HAM dan Hukum Islam

2021 ◽  
Vol 17 (1) ◽  
pp. 145-158
Author(s):  
Gasim Yamani
Keyword(s):  
Human Rights ◽  
Capital Punishment ◽  
Research Study ◽  
Islamic Law ◽  
Human Life ◽  
Comparative Method ◽  
The Other ◽  
Legal Cases ◽  
The Difference ◽  
Name Of God

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.

scholarly journals The Legal Impact of Islamic Law in the Identity and Provisions of Qatari Legal System: Conceptual Frame and Legislative Directions

2020 ◽  
Vol 58 (2) ◽  
pp. 451-482
Author(s):  
Abdullah Abdullah
Keyword(s):  
Human Behavior ◽  
Islamic Law ◽  
Legal Rule ◽  
The Other ◽  
Conceptual Approach ◽  
Distinct Component ◽  
Social Rules ◽  
Legal Rules ◽  
Conceptual Frame

This article examines the Islamic law situation in Qatari law based on a case study to the main concepts, and some special practical issues in Qatari Law. The paper focuses on a conceptual approach to Qatari law and Islamic law in the light of centrality of Islamic law. Furthermore this paper also focuses on the distinctive characteristics of the law compared to the other such as the concept of human behavior in such a way that it has an impact on the penalty in the legal rule as a distinct component. The analysis also pays an attention to a distinction between the legal rules and other social rules in the matter of giving an influence on structure of human behavior. As a matter of fact, this article also tries to give e light on the centrality of Islamic law on Qatari law, especially on the case of taking back of charity (hibah) as an example. The paper ends with conclusion that for Islamic legislation in Qatari law, Islamic Sharia is considered to be the main source and it is needed to develop a legislative and judicial orientations based on Islamic legal rules that regulate transactions in Qatari law.[Artikel ini membahas situasi hukum Islam di dalam hukum Negara Qatar berdasarkan pada studi kasus atas beberapa konsep kunci dan isu praktis dalam hukum Qatar. Tulisan ini fokus pada pendekatan konseptual hukum Qatar dan Syariah Islam berdasarkan pada sentralitas Syari’ah islam. Selain itu, artikel ini  juga membahas tentang karakter khusus undang-undang dibanding dengan yang lainnya seperti teori prilaku yang mempunyai pengaruh terhadap penerapan hukumannya. Selain itu, pembahasan tersebut juga mempertimbangkan perbedaannya dibandingkan dengan hukum sosial terkait dengan pengaruh terhadap pembentukan prilaku.  Artikel ini juga memberikan penekanan kajian atas sentralitas hukum Islam dan pengaruhnya terhadap konsep undang-undang seperti pengaturan tentang hak menarik kembali dana hibah dalam undang-undang di Qatar. Dalam kesimpulan, artikel ini menyatakan bahwa dalam undang-undang Qatar, hukum Islam menempati posisi yang sentral dan menjadi basis utama dalam pengembangan legislatif dan  orientasi yuridis yang didasarkan pada aturan legal Islam dalam pengaturan transaksi dalam undang-undang hukum di Qatar.]

scholarly journals PEMIKIRAN IBNU KHALDUN TERHADAP FILSAFAT HUKUM ISLAM

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Abrar
Keyword(s):  
Islamic Law ◽  
Social Reality ◽  
Social Engineering ◽  
The Other ◽  
Social Phenomena ◽  
Ibn Khaldun ◽  
Space And Time ◽  
The Law ◽  
The Difference ◽  
Similarity Law

Abstract: the greatest contribution of Ibn Khaldun to the Philosophy of Islamic Law is his sociology theory. This theory was based on three fundamental laws: first, his stand on the law of cause and effect in social reality, second, the similarity law of social phenomena that are applied in general but not absolute, third, the law of the difference and speciality of social phenomena that are constantly changing and varied in different space and time. These three basic laws became the basic epistemological assumptions in highlighting legal differences due to the difference in space and time. On the other hand, Ibn Khaldun's theory became the basis of the legal application of social engineering, later popularized as social engineering by Roscoe Pound. Abstrak: Konstribusi terbesar Ibn Khaldūn terhadap Filsafat Hukum Islam adalah teorinya tentang sosiologi yang dilandaskan pada tiga hukum dasar. Pertama, pendirian Ibn Khaldūn tentang adanya hukum sebab akibat dalam realitas sosial. Kedua, hukum keserupaan fenomena sosial yang berlaku umum akan tetapi tidak mutlak. Ketiga, hukum perbedaan dan kekhususan fenomena sosial yang terus berubah dan berbeda oleh perbedaan ruang dan waktu. Ketiga hukum dasar di atas menjadi asumsi dasar epistemologis dalam menyorot perbedaan hukum akibat perbedaan ruang dan waktu. Di sisi lain, teori Ibn Khaldūn menjadi dasar keberlakuan hukum sebagai alat rekayasa sosial, yang kemudian dipopulerkan dengan social engineering oleh Roscoe Pound. Kata kunci: Filsafat Hukum Islam, Social Engineering

scholarly journals PEWARISAN BERDASARKAN HUKUM WARIS ADAT TERKAIT SISTEM KEKERABATAN DI INDONESIA

2020 ◽  
Vol 5 (1) ◽  
pp. 56-70
Author(s):  
Subekti Subekti ◽  
Suyono Yoyok Ucuk
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Natural Background ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Is Research ◽  
Kinship System ◽  
Inheritance System ◽  
The Difference ◽  
Western Law

There are three kinds of inheritance law in Indonesia, namely Islamic inheritance, Customary inheritance and BW inheritance. The scope of this writing is limited to customary inheritance law. The parts of customary law have a big influence on customary inheritance law and vice versa. Customary inheritance law has its own characteristics and characteristics that are unique to Indonesia, which is different from Islamic law and western law (BW). Because the difference lies in the natural background of the Indonesian people who have the philosophy of Pancasila with a society that is Bhinneka Tunggal Ika. The inheritance law that exists and applies in Indonesia to date is still not in the form of legal unification. The purpose of this study is to analyze the inheritance system according to the customary inheritance law related to the kinship system in Indonesia.The type of research used in this research is normative juridical research, namely research on legal systematic is research conducted on primary and secondary legal materials, the terms of reference used are the basic definitions contained in the legal system. The approach used is a conceptual approach, a statute approach and a case approach. Types of Legal Materials are primary legal materials and secondary legal materialsThe results of this study indicate that the inheritance system according to the Adat Inheritance Law does not refer to the kinship system of the customary law community. Customary law communities whose system of collective inheritance can occur are parental kinship systems. Heritage assets related to inheritance must be distinguished from the origin of the assets, because they are related to the kinship system that exists in the local customary law community, whether parental, patrilineal or matrilineal, because not all inheritance can be divided individually.

scholarly journals Mafhum an-Nahyi Baina al-Balaghiyyin wa al-Ushuliyyin

2017 ◽  
Vol 1 (2) ◽  
pp. 179
Author(s):  
Bambang Bambang ◽  
Hazuar Anas
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Good Communication ◽  
The Law ◽  
The Difference ◽  
Object Of Study

The Nahi study is one of the studies of concern among scholars Balaghah and Ushul fiqih. The source of the difference between the two branches of the discipline refers to the object of study and the goal to be achieved between the two. The object of Balajiah scholars' study is related to the meaning of language contained in the uslub nahi and how the use of uslub nahi in the language of good communication and effective so that there is no communication error between the speaker and the other person. The result of their discussion is that the uslub nahi contains two meanings namely the essential meaning and metaphor. The intrinsic meaning is the prohibition arises from a speaker whose position is superior to the opposite speaker, while the meaning of metaphoric is contrary to the intrinsic meaning, and this change of meaning can be analyzed through the context of the use of language. As for ulama ushul fiqih, their study of nahi is not to explore the meaning of the language contained in uslub nahi, but focused to explore the content of islamic law contained in uslub nahi. The conclusion of their study that nahi sometimes implicate the law cancellation of something that is prohibited either in the form of acts or the other, and sometimes also nahi not implicate cancellation of what is prohibited.

scholarly journals The Difference Opinions Analysis on Conventional Bank Interest Law According to Ushul Fiqh

2019 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Chamim Tohari
Keyword(s):  
Islamic Law ◽  
Legal Analysis ◽  
Conceptual Approach ◽  
Library Research ◽  
Crucial Problem ◽  
Legal Thinking ◽  
The Difference ◽  
Conventional Bank ◽  
Muslim Scholars

This research discussed conventional bank interest law according to the opinion of the Muslim scholars, which then will continue the discussion with the legal analysis based on the ushul fiqh theory to determine the strength of the conventional bank interest law. The most crucial problem examined in this research is how is prevailing bank interest law viewed from the perspective of usual fiqh? This research is library research. The approach used in this study is a conceptual approach considering the purpose to be achieved in this study is to produce one concept of Islamic legal thinking about bank interest law which is not bounded by existing views or opinions, but actually refers to the rules of Islamic law which is agreed upon by the majority of the muslim scholars. The results of this study are: The scholars have a different opinion on bank interest law. Those who forbid argued that bank interest has in common with usury, so it must be banned. As for those who justify bank interest explained that bank interest is not the same as usury, so its law is halal. As for those who consider it as a shubhat thing, because in their view the bank's interest besides having similarities with usury, also has a number of differences, so its law is shubhat. The bank interest law when viewed from the perspective of ushul fiqh, then both those that forbid, which justify, or those that consider syubhat, all of which do not originate from the qath'î, but zhannî propositions because they come from the results of ijtihad using the qiyâs method. Because of the absence of the qath 'argument, the author argues that the new direction to determine the halal-haram law of banking transactions with the interest system should be assessed from the large or small level of benefit (maslahah) and harm (mudharat) arising from the sale.

scholarly journals Inconsistency of Guarantee Norms on The Mudharabah Fatwas in Indonesia

2021 ◽  
Vol 8 (12) ◽  
pp. 144
Author(s):  
Afif Noor ◽  
Dwi Wulandari
Keyword(s):  
Islamic Law ◽  
Banking Industry ◽  
Islamic Banking ◽  
Legal Basis ◽  
Conceptual Approach ◽  
The Difference

 The fatwa is the legal basis for Islamic banking in carrying out business activities as referred to in Article 26 paragraph 1 of the Sharia Banking Law. In providing a legal basis for Islamic banking activities, the Indonesian Council of Ulama issued fatwa 07/2000 and fatwa 105/2016. However, these two fatwas confuse the Islamic banking industry players and theoretically are problematic because there are conflicting norms in those two fatwas. The purpose of this study is to find and analyze the legal basis for the mudharabah fatwas of the Indonesian Council of Ulama number 07/2000 and number 105/2016 and analyze the difference in norms in the two fatwas from the perspective of Islamic law methodology (ushul al-fiqh). This type of research is explanatory normative juridical research using a conceptual approach and a statutory approach. Based on this research, it was found that the legal basis used in the determination of fatwa number 07/2000 has a weakness because it is based on weak Hadits so that it cannot be used as a legal basis for establishing a fatwa. In the perspective of ushul al-fiqh, changes in fatwas are allowed as long as they are aimed at realizing the benefit under Sharia objectives.

Sign in / Sign up

Export Citation Format

Share Document