scholarly journals صرف أموال الزكاة في التكافل الصحي المصغر: دراسة فقهية (using zakat funds as contributions for Micro-health takaful: A shariah Perspective)

2020 ◽  
Vol 17 (2) ◽  
pp. 1-20
Author(s):  
عبدالله الطيب عبدالله زويتة ◽  
حبيب الله زكريا
Keyword(s):  
Research Study ◽  
Islamic Law ◽  
Secondary Data ◽  
Health Issues ◽  
Private Organizations ◽  
The Poor ◽  
Islamic Jurisprudence ◽  
The Needy ◽  
Good Cause

التكافل الصحي المصغر من أنواع التكافل المهمة في وقتنا المعاصر، ولعل ذلك بسبب الأهمية البالغة التي تحظى بها قضية الصحة في الآونة الأخيرة. وتهدف هذه الورقة إلى النظر في ما إذا كان صرف أموال الزكاة للاشتراك في منظومة التكافل الصحي يتماشى مع الشريعة الإسلامية، وعليه فقد تطرّقت الدراسة إلى بعض القضايا الشرعية المتعلقة بصرف أموال الزكاة للتكافل الصحي، والتي تتمثّل في القول باشتراط تمليك الأصناف أموال الزكاة أو عدم الاشتراط، ومن جهة أخرى ناقشت الورقة مفهوم مصرف "وفي سبيل الله" وما إذا كان هذا المصرف يغطي كافة وجوه الخير أو يخصص في تجهيز الغزو. انتهجت الورقة المنهج الاستنباطي والمنهج التحليلي بالاعتماد على البيانات الثانوية من خلال مراجعة الأدبيات الفقهية والدراسات السابقة، وتحليل ما ورد في التراث الفقهي الإسلامي وفتاوى الفقهاء المعاصرين في استخدام أموال الزكاة لدعم التكافل الصحي.  وخلصت الدراسة إلى عدم اشتراط تمليك الأصناف، وإنما يكتفى بقطع الملكية من المزكي، كما خلصت الدراسة إلى أن مصرف "وفي سبيل الله" يشمل الصرف إلى جميع وجوه الخير، وبناء على ذلك فصرف الزكاة للتكافل الصحي المصغر لا يخرج عن المقاصد التي وضعت من أجلها الزكاة؛ لأن في ذلك رفع معاناة الفقراء والمساكين والمحتاجين من أصحاب الدخل المحدود. توصي هذه الورقة مؤسسات الزكاة والهيئات المختصة للنظر في الإجراءات اللازمة لتفعيل دور الزكاة في الرعاية الصحية للفقراء والمحتاجين، كما توصي الورقة الفقهاء المعاصرين للنظر إلى القضايا الشرعية ذات الصلة بدور الزكاة في التنمية الاجتماعية. الكلمات المفتاحية:  المسائل الشرعية، الزكاة، التكافل المصغر. Abstract Micro-health takaful is one of the most important types of takaful in recent times. This, perhaps, is because of the profound significance assumed by health issues lately. This research study is aimed at examining whether using zakat funds as contributions to health takaful pools is in consonance with Islamic law (Shariah), and thus, the study touches on some Shariah issues related to the disbursement of zakat funds for the purpose of health takaful, which is represented in the view whether or not transferring the ownership of zakat proceeds to the beneficiaries is a precondition. On the other hand, it also examines the concept of the beneficiary labelled, wa fī sabīlil Lah (those [struggling] in the cause of Allah) as to whether this category of beneficiaries covers all the forms of struggling in a good cause or it is peculiar to funding military expedition. Th study adopts deductive and analytical methods based on secondary data by reviewing previous studies and literatures on Islamic jurisprudence, analysing reports in Islamic jurisprudential heritage and contemporary fatwas on the use zakat funds to support health takaful. This study finds that it is not a condition to transfer the ownership of zakat funds to beneficiaries, rather it is suffices to take over their ownership from the payer. Furthermore, it is found that the beneficiary labelled, wa fī sabīlil Lah comprises disbursing zakat to all forms of any good cause. For this reason, disbursing zakat for micro-health takaful is not exempted from the objectives for which zakat has been imposed, because doing so relieves the hardship suffered by the destitute, the poor and the needy with limited, insufficient income. This study recommends that zakat institutions and private organizations consider the necessary measures to foster the role of zakat in medical care for the poor and the needy, just as it recommends that contemporary scholars address Shariah issues that relate to the role of zakat in social development. Keywords: Shariah Issues, Zakat, Micro takaful.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Western Civilization ◽  
Normative Approach ◽  
Western Imperialism ◽  
Secondary Data Source ◽  
Data Source

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

scholarly journals The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 591
Author(s):  
Dikha San Mahresi ◽  
Akhmad Khisni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Gathering ◽  
Secondary Data ◽  
Customary Law ◽  
Adopted Children ◽  
The Public ◽  
Biological Children

The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological  children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary

scholarly journals Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia

AL- ADALAH ◽  
2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Rahmi Dewanty Palangkey ◽  
Kasjim Salenda ◽  
Marilang Marilang ◽  
A Qadir Gassing ◽  
Huilili YuXi ◽  
...  
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Travel Agency ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
Travel Agencies

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.

scholarly journals Mekanisme Kemitraan Petani PIR-TRANS dan PT. Tania SelatanMelalui Koperasi untuk Produksi Kelapa Sawit di Desa Tania Makmur, Kecamatan Lempuing Jaya, Kabupaten OKI, Propinsi Sumatera Selatan

2019 ◽  
pp. 49
Author(s):  
KADEK MARTINI NINGSIH ◽  
I KETUT RANTAU ◽  
PUTU UDAYANI WIJAYANTI
Keyword(s):  
Data Collection ◽  
Qualitative Method ◽  
Qualitative Data ◽  
Secondary Data ◽  
The Poor ◽  
Harvesting Process ◽  
The Right ◽  
Depth Interviews ◽  
Poor Management

Partnership Mechanism of PIR-TRANS farmers and PT. Tania Selatan through a cooperative for Palm Oil Production in Tania Makmur Village,Lempuing Jaya Sub-district, OKI Regency, South Sumatera Province PIR-TRANS and PT. South Tania could make farmers feel aggrieved because of  the lack of good management company, so the PIR-TRANS farmers need to know the mechanisms and constraints on partnership between farmers PIR-TRANS and PT. South Tania through cooperatives. Mechanisms of partnership can be seen from the rights and obligations of farmers and companies, as well as the role of relevant institutions and the constraints faced by companies and farmers. The data used in the form of qualitative data sourced from primary and secondary data. Methods of data collection in the form of in-depth interviews and documentation. The analytical method used is descriptive qualitative method. The results showed that mechanisms and constraints in the implementation of partnership is based on a written agreement between farmers of PIRTRANS and PT. Tania Selatan has been implemented quite well. Farmers' right to getseeds, development and marketing of crops. The right of the company is to get the harvest in accordance with the standards of the company. The farmer's obligation is to supply all crops according to the company standards. The company's obligation is to maintain the infrastructure. The certainty of roles between farmers and companies has been running optimally. The biggest obstacle faced by farmers and companies is the poor road infrastructure causing inhibition of transportation and harvesting process, especially in the rainy season, and poor management of the company to make farmers feel harmed at the beginning of cooperation done.

scholarly journals An analysis of maṣlaḥah based resolutions issued by Bank Negara Malaysia

2019 ◽  
Vol 12 (1) ◽  
pp. 89-102 ◽  
Author(s):  
Suheyib Eldersevi ◽  
Razali Haron
Keyword(s):  
Design Methodology ◽  
Islamic Law ◽  
Secondary Data ◽  
Advisory Council ◽  
Comparative Approach ◽  
Content Type ◽  
The Public ◽  
Broad Concept ◽  
Islamic Jurisprudence ◽  
The Impact

Purpose This study aims to examine the resolutions issued by the Sharīʿah Advisory Council of Bank Negara Malaysia (SAC-BNM), which have recognized maṣlaḥah (public interest) as the basis of ruling to see the extent of its usefulness to the public and the extent of its adherence to the maṣlaḥah parameters. The study will also look into the opposing opinion to identify the basis of rejection and overall implication on Islamic finance based on opposing opinions of SAC-BNM and other bodies of collective ijtihād (juristic interpretation). Design/methodology/approach The study uses a qualitative approach by analyzing the SAC-BNM resolutions, which have been resolved based on maṣlaḥah. The study also applies the comparative approach by comparing the fatwa (Sharīʿah pronouncement) issuing bodies of Malaysia and the Gulf Cooperation Council countries. Furthermore, the secondary data is obtained from sources such as uṣūl al-fiqh (theory of Islamic jurisprudence) books, papers and relevant internet sources. Findings The study found that SAC-BNM’s resolutions are in line with some of the major maṣlaḥah parameters mentioned in the uṣūl al-fiqh sources i.e. must not contradict with the Qurʾān and the Sunnah. While looking at the other two criteria of being in line with ijmāʿ (consensus) and having a general impact, such resolutions might not fulfill the criteria of valid maṣlaḥah considering, respectively, the stand of collective ijtihād or the impact on the group of customers and institutions. Originality/value Most available shari’ah (Islamic law) research considers the perspective of fiqh (Islamic jurisprudence) while analyzing the issue of maṣlaḥah. This study aims to conduct analysis based on uṣūl al-fiqh. Moreover, maṣlaḥah itself is a broad concept, which can be abused. Hence, this study discusses the parameters of maṣlaḥah to understand the validity of an important juristic tool in Sharīʿah.

Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat

2007 ◽  
Vol 23 (1) ◽  
pp. 249-270
Author(s):  
Alfitri
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Islamic State ◽  
Specific Question ◽  
Legal Code ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
Personal Law ◽  
Religious Courts

Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.

scholarly journals CHARITY OF THE CATHOLIC CHURCH IN MEDIEVAL POLAND

2018 ◽  
pp. 23-25
Author(s):  
Leszek Aftyka
Keyword(s):  
Middle Ages ◽  
Catholic Church ◽  
Poor People ◽  
Christian Tradition ◽  
Moral Principles ◽  
The Poor ◽  
Christian Love ◽  
The Needy ◽  
Important Form

Charity in the Christian tradition is a voluntary form of care and help, which consists in material support provided by wealthy people to the weak, poor and helpless. The article discusses the most important form so institutional assistant ce provided by clergy, religious or dears, confraternities and corporations - guilds. In the Middle Ages, the greatest social problems were poverty, begging and vagrancy. The actual guardian of the poor was the bishop, where he was obliged to collect funds "provided by the faithful members during the monthly services, from the Sunday collection and imposed penitential penalties. All lay people who performed this task by giving alms to the needy were obliged to provide basic help to their neighbours. Very important institutions that helped the needy were monasteries, especially those that had their own agricultural economy. Their duties included providing a one-off accommodation and a modest meal for travelers. The monks regularly supported local poor people, often playing the role of seasonal employers, e.g. during the harvest season. Various fraternities and corporations – guilds were created in medieval cities. From their members they required observance of moral principles and the provision of Christian love to their fellow men. From the collected contributions, as well as from fines for breaking corporate rules or privileges, a fund for charity was created.These organizations were created primarily by craftsmen. One of the most important goals was to care for old and sick members, as well as their decent burial. Some corporations had their own hospitals and shelters.

scholarly journals The role of Sukuk in achieving sustainable development: Evidence from the Islamic Development Bank

2020 ◽  
Vol 15 (4) ◽  
pp. 36-48
Author(s):  
Hanan Al Madani ◽  
Khaled O. Alotaibi ◽  
Salah Alhammadi
Keyword(s):  
Sustainable Development ◽  
Qualitative Methodology ◽  
Islamic Law ◽  
Secondary Data ◽  
Well Being ◽  
Annual Reports ◽  
Primary Data ◽  
Development Bank ◽  
Structured Interviews

The purpose of this study is to examine the compliance of Islamic Development Bank (IDB) Sukuk with Maqasid Al-Shari’ah (objectives of Islamic law) in relation to human development and well-being. The paper provides a theoretical model explaining how Sukuk can achieve Maqasid Al-Shari’ah by assessing the role of Sukuk in the circulation, development, and preservation of wealth to attain social justice. This study employs a qualitative methodology using an empirical case study. The primary data are collected through elite semi-structured interviews. The secondary data are obtained using a content analysis method from Sukuk’s Principle Terms and Conditions, Information Memorandum and IDB’s annual reports for the period 2007–2017 to explain the structures and features of the Sukuk and examine their compliance with the developed model. The findings indicate that the Medium Term Note (MTN) Sukuk program positively serves the elements of hifth al-mal (safeguarding wealth), showing a direct relationship between the shift of wealth among parties and the compliance of Maqasid Al-Shari’ah. This implies that the investments made by Sukuk would benefit everyone, including individuals, institutions, societies, and the whole country, to achieve human well-being and sustainable development. Nonetheless, the analysis suggests that Shari’ah supervisory boards need to focus more on the substance when structuring Sukuk to help Islamic finance benefit in terms of moving towards the achievement of Maqasid Al-Shari’ah.

scholarly journals THE ROLE OF ZAKAT IN THE EARLY STAGES OF THE ISLAMIC CIVILISATION

2020 ◽  
pp. 441-444
Author(s):  
Avazbek Ganiyev ◽  
Sherzodjon Umaraliev
Keyword(s):  
Wealth Distribution ◽  
Islamic Finance ◽  
Early Stages ◽  
The Poor ◽  
Specific Individual ◽  
The Law ◽  
Main Components ◽  
The Needy

“Zakat” is one of the five pillars of Islam. It is also stated that it is one of the main components in Islamic finance. Its aim is to balance wealth distribution in the country fairly. Zakat is interpreted as almsgivings to the poor and the “needy” and for payers; it is the purification of their souls through helping the needy and a way of restraining from greed and arrogance. Legally, “Zakat means the transfer of ownership of specific wealth to the specific individual or individuals under the specific conditions” . This article discusses early zakat developments and it is divided into 1. introduction 2. The Law of Zakat during the lifetime of the Prophet (S.A.W.) 2. Zakat practices during the period of the Khulafah Al-Rashdin.

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