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

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.

Author(s):  
Sya Rifah Isnaeni

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).


2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.


2018 ◽  
Vol 9 (1) ◽  
pp. 86-109
Author(s):  
Muhammad Fathullah Al Haq Muhamad Asni ◽  
Jasni Sulong

Fatwa is usually associated with a formal decision in respect of any Islamic law issued by a committee of religious-based regions or countries that have legal jurisdiction. Therefore, a fatwa gazetted in particular has the power legally enforceable against civilians in the territory. However the difference territory and jurisdiction of religion causing inconsistencies especially pronounced in response to the question of who gets disputes by fuqaha’ (khilafiyyah). This situation is clearly in Malaysia, where there are 14 State Mufti Department varying representing their respective states. Some fatwas issued by these states are found to be unparalleled to each other and this situation poses a conflict, especially in the administration of law. Although each state has a State Administration of Islamic Affairs which is almost uniform, have a provision referring to Islamic law (qawl final) and monitoring by the National Fatwa Committee on an issue of national fatwa, but some of the fatwa still in dispute resolution. The situation is the existence of a situation of unjust laws, there is no consistency in doing ijtihad, which denies the meaning of equality in the decision of Islamic law in the country. Thus, based on this, the study was conducted to identify the cause of the inconsistency of this fatwa, the factors influencing and measures and proposals to overcome. This is a qualitative research methodology in which data were collected through library research and field studies. Field studies conducted interviews with the mufti method, istinbat officials and senior academics. The study found that the Federal Government through  Jabatan Kemajuan Agama Islam Malaysia (JAKIM) has undertaken several initiatives to overcome this but the attitude of some members of the committee of states fatwa on the matter, which holds tight (rigid) to the Shafi'i and mastering knowledge in accepting differences of opinion (mura'ah al-khilaf ) restrain to reach this goal. This is because the Majlis Jawatankuasa Fatwa Kebangsaan (MJFK) was agreed as the medium of fatwa union between the states in the country and should be given priority at this stage of legal decisions ruling that the state can participate fully. Keywords: Fatwa, the difference (khilaf), Mufti, istinbat methods, Shafi'i madhhab Abstrak Fatwa adalah biasanya dikaitkan dengan keputusan rasmi berkenaan sesuatu hukum syarak yang dikeluarkan oleh sesuatu jawatankuasa agama yang berasaskan wilayah atau negara yang mempunyai bidangkuasa undang-undang. Oleh kerana itu, sesuatu fatwa khususnya yang diwartakan mempunyai kuasa perundangan yang boleh dikuatkuasakan ke atas orang awam di wilayah terbabit. Bagaimanapun perbezaan wilayah dan bidangkuasa agama menyebabkan berlakunya ketidakseragaman fatwa khususnya dalam menanggapi persoalan yang mendapat perselisihan fuqaha’ (khilafiyyah). Keadaan ini amat terserlah di Malaysia di mana terdapat 14 Jabatan Mufti Negeri yang berbeza-beza yang mewakili negeri masing-masing. Sebahagian fatwa yang dikeluarkan oleh negeri-negeri ini didapati tidak selari antara satu sama lain dan keadaan ini menimbulkan konflik terutamanya dalam pentadbiran undang-undang. Walaupun setiap negeri mempunyai Enakmen Hal Ehwal Pentadbiran Agama Islam yang hampir seragam, mempunyai peruntukan rujukan hukum syarak (qawl muktamad) yang sama dan pemantauan Muzakarah Jawatankuasa Fatwa Kebangsaan dalam sesuatu isu fatwa nasional, namun sebahagian fatwa tersebut masih lagi mendapat perselisihan keputusan. Keadaan ini mewujudan situasi hukum yang tidak adil, tiada keselarasan dalam melakukan ijtihad, yang menafikan maksud kesaksamaan dalam keputusan hukum syarak dalam negara ini. Justeru berdasarkan hal ini, kajian dijalankan untuk mengenal pasti punca ketidakselarasan fatwa ini, faktor-faktor yang mempengaruhi dan langkah serta cadangan untuk mengatasinya. Metodologi kajian ini bersifat kualitatif di mana data-data dikumpulkan melalui kajian kepustakaan dan kajian lapangan. Kajian lapangan dilakukan secara metod temubual dengan para mufti, pegawai istinbat dan ahli akademik. Hasil kajian mendapati bahawa Kerajaan Persekutuan melalui Jabatan Kemajuan Agama Islam Malaysia (JAKIM) telah melakukan beberapa inisiatif untuk mengatasi hal ini namun sikap sesetengah ahli jawatankuasa fatwa negeri yang ketat (rigid) kepada Mazhab Syafi'i dan penguasaan ilmu dalam menerima perbezaan pandangan (mura'ah al-khilaf) mengekang kepada capaian matlamat ini. Ini kerana Majlis Jawatankuasa Fatwa Kebangsaan (MJFK) telah dipersetujui sebagai medium penyatuan fatwa antara negeri-negeri di negara ini dan sepatutnya diutamakan keputusan hukum di peringkat ini supaya fatwa negeri dapat mengikuti dengan sepenuhnya. Kata kunci: Fatwa, perbezaan (khilaf), Mufti, kaedah istinbat, Mazhab Syafi'i.


2019 ◽  
Vol 19 (2) ◽  
pp. 239
Author(s):  
Zulhamdi Zulhamdi

The emergence of new problems or problems in the community that really need legal clarity, all of which have not been answered in either the Qur'an or the Hadith, in connection with the cessation of revelation and the death of the Prophet Muhammad who acted as a mediator between revelation and the reality that lived at that time. The renewal of Islamic law is the solution, the purpose of this paper is to find out the concepts of Islamic law reform and figures who contribute to the renewal of Islamic law. The type of research is descriptive qualitative with library research, namely research that is directed and focused on the study and discussion of library materials that have to do with the problem being studied, Overall, the renewal of Islamic law in Indonesia runs rather slowly compared to other Muslim countries, especially in the Middle East, North Africa, India and Pakistan. However, the realization of the marriage law number 1 of 1974, government regulation number 9 in 1975, Government regulation number 10 of 1983, government regulation number 28 of 1977 concerning the ownership of land, and the realization of the compilation of Indonesian Islamic law in 1991 were the dynamics of renewal of Islamic legal thinking that must be grateful, as for the characters and the ideas are: 1) Hasbi Ash-Shiddieqy (Indonesian Jurisprudence); 2) Hazairin: Indonesian National School; 3) Munawir Syadzali: Reactualization of Islamic Law; 4) Ibrahim Hosen: Making Nash Qat'i fun; 5) Ali Yafie and Sahal Mahfuz: Social Jurisprudence.


JURISDICTIE ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 20
Author(s):  
Ahmad Khamim Jazuli

Many regions in Indonesia that have produced and preserved the art of carving, but not all have been registered and protected. Carving, usually protected by copyright. But, Jepara Carved Furniture have gained protection through Geographical Indications Certifiate. In Indonesia there are regulations related to Geographical Indications as a legal protection, but in the study of Islamic law there is no specifi explanation or regulation about geographical indication which may bring the benefi to the community or even bring madhorot, considering the purpose of Islamic law is the welfare of human life both spiritual and material, individual or social.<br /><br />Banyak daerah di Indonesia yang memproduksi dan melestarikan seni ukir, namun tidak semua didaftrkan dan mendapatkan perlindungan. Biasanya seni ukir dilindungi melalui hak cipta. Namun, ternyata Mebel Ukir Jepara telah mendapatkan perlindungan melalui sertifiat Indikasi Geografi. Di Indonesia sudah ada pengaturan terkait Indikasi Geografi sebagai payung hukumnya, namun dalam kajian hukum Islam belum ada penjelasan atau pengaturan yang spesifi mengenai Indikasi Geografi yang mungkin bisa mendatangkan kemaslahatan bagi masyarakat atau malah membawa madhorot, mengingat tujuan dari hukum Islam adalah kemaslahatan hidup manusia baik rohani maupun jasmani, individual atau sosial. Penelitian ini adalah penelitian normatif (library research). Pendekatan yang digunakan adalah pendekatan konseptual (conceptual approach). Dalam penelitian ini metode analisis bahan hukum yang digunakan adalah analisis deskriptif kualitatif.


2021 ◽  
Vol 22 (2) ◽  
pp. 455
Author(s):  
Indal Abror ◽  
Nurdin Zuhdi ◽  
Iwan Setiawan ◽  
Ahmad Suhendra

The use of cadar becomes a controversial discussion in Indonesia. However, the majority of scholars consider the cadar is not an obligation in religion. Bearing in mind, there are differences in the limits of women's genitalia or awrat. It shows in the Quranic interpretation of literature in Indonesia that cadar's views lie in the different scholars in interpreting and determining the limits of women's genitalia. This paper uses a comparative method to compare the interpretations of Hasbi Ash-Shiddieqy and Quraish Shihab in understanding verses about the cadar and the limits of women's Awrat (genitalia) in both interpretations. This research method is qualitative and library research. Hasbi Asy-Syiddieqy, in his interpretation of An-Nur, explains that women are obliged to cover their jewelry, while Quraish Shihab considers the cadar is not an obligation in religion because, for him, the face is not part of the awrat (genitalia) that must be covered. The difference can be seen from their educational and scientific backgrounds. Hasbi Asy-Syiddieqy has a background in Islamic law (Fiqh), so the style of interpretation in the book of An-Nur is more nuanced in fiqh. However, Quraish Shihab highlights the nuances of interpretation in the book of Al-Misbah, which tends to imitate the model or style of interpretation of Muhammad Abduh and Rashid Rida. This cadar is part of the need for tahsiniyat (Luxuries). The need for tahsiniyat is a need which if not fulfilled, does not threaten the existence of one of the maqashid ash-shariah (objectives of sharia) and does not cause difficulties.


2020 ◽  
Vol 5 (1) ◽  
pp. 56-70
Author(s):  
Subekti Subekti ◽  
Suyono Yoyok Ucuk

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.


Author(s):  
Afif Noor ◽  
Dwi Wulandari

 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.


2016 ◽  
Vol 1 (2) ◽  
pp. 35
Author(s):  
Makrum Makrum

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.


2019 ◽  
Vol 3 (1) ◽  
pp. 104
Author(s):  
Ramli Abdul Wahid ◽  
A. Irwan Santeri Doll Kawaid

<strong>Abstrak: </strong>Studi ini mengkaji perbandingan peran Muhammad Idris al-Marbawi dari Malaysia dan Muhammad Hasbi Ash Shiddieqy dari Indonesia dalam bidang hadis. Kedua ulama dinilai telah memberikan kontribusi bagi studi hadis di dua negara. Studi ini merupakan studi kepustakaan. Data penelitian diperoleh melalui kegiatan studi dokumen. Karya-karya kedua ulama dijadikan sebagai sumber primer dan hasil penelitian para ahli tentang kedua ulama dijadikan sebagai sumber sekunder. Berdasarkan analisis terhadap data penelitian, studi ini menemukan bahwa kedua ulama telah menulis dalam bidang hadis. Selain bidang hadis, kedua ulama yang hidup dalam periode yang sama tetapi berasal dari negara yang berbeda ini juga menulis dalam bidang ilmu keislaman lainnya terutama tafsir, fikih. Bedanya, al-Marbawi mengembangkan kajian tasawuf, sedangkan Ash Shiddieqy tidak pernah menulis dalam disiplin tersebut.  <br /><strong> </strong><br /><strong>Abstract: Peran Ulama Malaysia dan Indonesia dalam bidang Hadis: Muhammad Idris al-Marbawi dan T.M. Hasbi Ash Shiddieqy</strong>. This study compares the roles of Muhammad Idris al-Marbawi from Malaysia and Muhammad Hasbi Ash Shiddieqy from Indonesia in the field of hadith. Both scholars were considered to have contributed to the study of hadith in respective countries. This study is a library research, the data of which was obtained through documentary study. The works of the two scholars were used as primary sources and the the previous researches of expert on the two scholars were used as secondary sources. This study found that both scholars had involved in hadith studies and left a number of important works in the field. The authors also found that the two scholars who lived in the same period but in a different country also wrote in other Islamic fields, especially Qur’anic exegesis and Islamic law, in addition to hadith. The difference is that al-Marbawi developed the study of sufism, while Ash Shiddieqy had never wrote in this field.<br /> <br /><strong>Kata Kunci: </strong>Hadis, ulama, Malaysia, Indonesia, al-Marbawi, Ash Shiddieqy


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