scholarly journals TINJAUAN ‘URF TERHADAP BUDAYA EKONOMI DALAM USAHA FOTOKOPI PERANTAU MINANGKABAU DI YOGYAKARTA

2021 ◽  
Vol 20 (1) ◽  
pp. 63
Author(s):  
Mahlil Bunaiya ◽  
Delvy Hamzah ◽  
Mawaddatul Ulfa
Keyword(s):  
Research Methodology ◽  
Islamic Law ◽  
Descriptive Research ◽  
The Past ◽  
Economic Support ◽  
Economic Culture ◽  
Qualitative Descriptive ◽  
The Law ◽  
The City

One of the efforts to meet the needs of the Minangkabau people that they achieve is through migration, as in the economic culture of Minangkabau immigrants from Nagari Atar Batusangkar, Padang Gantiang District, Tanah Datar Regency. About 99% of the imigrants were found in the field involved in Photo Copying businesses scattered in the city of Yogyakarta. The hope is that people's behavior in fulfilling the economy can continue to run well and in accordance with Islamic law. This study aims to explain how Urf's review of the economic culture of Minangkabau migrants in Yogyakarta using a qualitative descriptive research methodology. The results of the study conclude several things, among others: First, according to records in 2015 the number of Minangkabau residents in Yogyakarta reached 10,000 people or around 350 families, and those who run photocopy businesses are 80 families or 155 tablets. Second, the Economic Culture in the photocopy of the Minangkabu Community in Yogyakarta is referred to as 'Urf in Islamic law, because it fulfills several conditions' Urf and the law is mubah. Third, related to economic culture can furthermore be one of the studies that offers siding to the local community's economy which has basically been an economic support since the past in an effort to promote life, as well as' Urf which can then be used as a method and source of Islamic law in its development. economy because it conforms to Islamic principles.

scholarly journals Putusnya Perkawinan dan Akibatnya dalam Fikih Munakahat (Studi Analisis Undang-Undang Nomor 1 Tahun 1974 Pasal 38-41)

2021 ◽  
Vol 2 (3) ◽  
pp. 413-431
Author(s):  
Kasman Bakry ◽  
Zulfiah Sam ◽  
Jihan Vivianti Usman
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Marital Problems ◽  
Normative Approach ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
The Law ◽  
Almost All ◽  
Legal Consequences

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.

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.

scholarly journals Between the Influence of Customary, Dutch, and Islamic Law: Jaksa Pepitu and Their Place in Cirebon Sultanate History

2019 ◽  
Vol 57 (1) ◽  
pp. 117-142
Author(s):  
Tendi Tendi ◽  
Djoko Marihandono ◽  
Abdurakhman Abdurakhman
Keyword(s):  
Research Methodology ◽  
Islamic Law ◽  
Historical Research ◽  
Narrative Approach ◽  
Legal Institution ◽  
Political Dynamics ◽  
The Past ◽  
The Law

The field of law is an interesting matter in the study of Indonesian history. The meddling of the various elements of culture and tradition due to political dynamics and power in the nation’s history, making law in Indonesia one type of hybrid entity. The interference of the law was not only seen from its legal products, but also from the bodies given the responsibility to enforce the law at that time. One of the prosecutors’ agency that had existed in the past was Jaksa Pepitu. This study aims to reveal the origins of the Jaksa Pepitu, elaborate on their works in the field of law in Cirebon environment, and describe the legal influences that contributed to the color of this collegial council. By way of historical research methodology and narrative approach, it can be seen that the prosecutor’s council is the agency essential in the practice of law. They were linked to Cirebon princes and  can be appointed through VOC approval. In addition, the actions of the prosecutors can be seen from the position, independence, and authority they have. The various things surrounding the Jaksa Pepitu indicate that it is legal institution influenced by customary, Western and Islamic laws. [Bidang hukum menjadi hal yang menarik dalam kajian sejarah Indonesia. Percampuran pelbagai unsur budaya dan tradisi akibat adanya dinamika politik dan kekuasaan dalam perjalanan bangsa, membuat hukum di Indonesia menjadi salah satu jenis hukum yang bersifat hybrid. Percampuran hukum itu tidak hanya dilihat dari produk hukum yang dihasilkan, namun juga dapat ditelisik dari badan yang diberi tanggung jawab untuk menegakkan hukum pada masa itu. Salah satu badan jaksa yang pernah eksis di masa lalu adalah Jaksa Pepitu. Studi ini bertujuan untuk mengungkapkan asal muasal Jaksa Pepitu, menguraikan kiprahnya dalam bidang hukum di lingkungan Cirebon, dan mendeskripsikan pengaruh-pengaruh hukum yang turut memberi warna dewan kolegial ini. Dengan metodologi penelitian sejarah dan pendekatan naratif yang dilakukan, dapat diketahui bahwa dewan jaksa itu merupakan badan penanggung jawab bidang hukum. Mereka memiliki keterkaitan dengan para pangeran Cirebon dan dapat diangkat dengan persetujuan VOC. Selain itu, kiprah para jaksa ini dapat dilihat dari posisi, independensi, dan wewenang yang mereka miliki. Adapun pelbagai hal yang mengitari Jaksa Pepitu menunjukkan bahwa mereka ini adalah badan yang dipengaruhi oleh hukum adat, Barat, dan Islam.]

scholarly journals Historical Studies on Sarak Values and their Implementation in Gowa

2017 ◽  
Vol 8 (3) ◽  
pp. 183-188
Author(s):  
M. Dahlan
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Spiritual Values ◽  
Main Method ◽  
Sanctity Of Life ◽  
Descriptive Research ◽  
The Past ◽  
The People ◽  
Intellectual Capacity ◽  
Qualitative Descriptive

Abstract The study examined historical sense of sarak values and their implementation in Gowa, including the concept of sarak as a part of pangngadakkang element, Gowa people’s understanding about sarak as pangngadakkan element, and the implementation of sarak values among Gowa people. This is a qualitative descriptive research implementing field research method. In order to find out the actualization of sarak in Gowa, it also used historical approach as the main method in the research. The data obtained in this study were processed and analyzed in a deductive, inductive, and comparative way. The study found out that sarak is Islamic law as well as pangngadakkang element which is determined after Islam exists and is accepted by the people of Gowa. The implementation of sarak in Gowa is loaded with intellectual, moral, social, and ritual values. Spiritual values related to humanism contain aspects of the sanctity of life. Intellectual value is found in the history that in the era of Gowa Kingdom local people have reached high intellectual capacity. The teachings of sarak also set social values which mainly include on procedures of men relation in the law of family and muamalah. Ritual value is also the most prominent aspect as reflected in palili and attumate ceremony. The research indicated the significance of preserving sarak values as the element of pangngadakkang as long as it does not conflict with the teachings of Islam, for it symbolizes identity of a community that has been bequeathed by the glory of the past.

scholarly journals Salat Jumat Daring dalam Perspektif Hukum Islam

2021 ◽  
Vol 2 (1) ◽  
pp. 110-129
Author(s):  
Fakhrizal Idris ◽  
Muhammad Yusram ◽  
Azwar Iskandar
Keyword(s):  
Direct Evidence ◽  
Islamic Law ◽  
Basic Principles ◽  
Descriptive Research ◽  
Marriage Contracts ◽  
Islamic Jurisprudence ◽  
Qualitative Descriptive ◽  
The Law ◽  
Study Techniques ◽  
Friday Prayer

This study aims to: (i) know the valid requirements of Friday prayers; and (ii) analyze the validity of Friday prayers by online from the perspective of Islamic law. This research is qualitative descriptive research with library study techniques and theological-normative (syar’ī) and philosophical approaches. The results of study show that: (i) Friday prayer is a mandatory worship based on the Qur'an, Sunnah and ijmak, which have the pillars and conditions that must be observed for the sake of validity; (ii) the implementation of Friday prayers y online is invalid. At least this can be reviewed from two aspects; first, aspects of the basic principles and objectives derived from Islamic sharia (maqāṣid al-syarī'ah), where keeping Friday prayers in accordance with the Sunnah of the Prophet Muhammad saw. became part of hifzu al-dīn (keeping religion) so that it should not change the pattern of Friday prayer that the original law is a whole building. Islamic law has given rukhsah for every Muslim who is obliged to pray Friday prayer to replace it with Zuhr prayer when there is something that prevents it; second, the aspect of Islamic jurisprudence review, where Friday prayers require the existence of prayer congregations and is not validly performed individually. Analogizing online Friday prayers with online marriage contracts is incorrect because the law of qiyas must be analogous to the original law that has direct evidence and should not be to legal products or other qiyas results.

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 Developing Fishing Tourism Destination Based On “Anak Nagari” Concept In Padang City

2018 ◽  
Vol 34 (1) ◽  
pp. 51-60 ◽  
Author(s):  
Haryani Haryani ◽  
Nurul Huda
Keyword(s):  
Swot Analysis ◽  
Community Empowerment ◽  
Tourist Destination ◽  
Fishing Village ◽  
Economic Problems ◽  
Tourist Destinations ◽  
Descriptive Research ◽  
Cultural Life ◽  
Qualitative Descriptive ◽  
The City

Spatial potentials and problems in coastal areas are complex, ranging from potential and economic problems, geographical vulnerability, social vulnerability to human resources and resources being managed less than optimal. This study aims to develop a fishing village based on the concept of “Anak Nagari” as a new tourist destination in the city of Padang with community empowerment. This research uses qualitative descriptive research method with scoring/weighting analysis and SWOT analysis (Strength, Weakness, Opportunity and Threat). The result obtained is the high potential of fishing village of Pasie Nan Tigo with its many attractions of fishing communities’ activities and original environment that can be developed as tourist destinations. Having high access of location close to the center of Padang City and Minangkabau International Airport as its strength and opportunity, Pasie Nan Tigo Fisherman Village is a fishing village which still holds a strong social and cultural life of “Anak Nagari”. It exists as cultural treasure in the middle of modern life, but at the same time can also be a threat for the development of fishing village. 

scholarly journals Perception of public managers on the sustainability of sports mega-events: the case of the 2014 World Cup in Brazil

2020 ◽  
Author(s):  
César Ricardo Maia de Vasconcelos ◽  
Fernando Cabral de Macedo Filho
Keyword(s):  
World Cup ◽  
Sport Event ◽  
The Public ◽  
Descriptive Research ◽  
Public Managers ◽  
The World ◽  
Qualitative Descriptive ◽  
Sport Events ◽  
The City

The realization of the 2014 World Cup in Brazil generated meaningful transformations in the host cities. These transformations brought concerns over the sustainability of a mega-sport event. The present study tried to understand the sustainability resulting from the World Cup in the city of Natal, Brazil, from the perspective of local public managers. This qualitative, descriptive research, whose data were inductively analyzed, used a semi-open interview composed of 24 semi-structured questions in order to obtain information from the public managers at local and state levels and who are linked to the event. As a result, the managers involved concluded that the 2014 World Cup in Natal did not serve sustainability neither leave any sustainable effects. It was also observed that the lack of sustainability was due to the lack of adequate planning and technical projects, as well as to the lack of organization and social participation in the preparation and follow-up of the works and actions necessary for its accomplishment. Among the propositions of new works, there is the recommendation to analyze how the public managers and the normative regulations are dealing with sustainability in the planning and in the projects for the realization of two other mega-sport events, the FIFA 2018 World Cup in Russia and the FIFA 2022 World Cup in Qatar.

scholarly journals لفظ القسم ومرادفاته في السور المدنية

IZDIHAR ◽  
2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Fitri Annisa Hayati
Keyword(s):  
Research Methodology ◽  
Qualitative Descriptive ◽  
The Law

This research is meant to describe : (i) Various synonyms of the word oath in Madani surahs (2) The importance or the usage of the word oath and  its synonyms in Madani surahs (3) The contexts of the word oath and its synonyms in Madani surahs. The research methodology used is qualitative descriptive. The results of the research are as follows : (1) There are 7 words as synonyms of the word oath in Madaniah surahs. They are aqsama and yuqsimu, halafa and yahlifuna, special oath fala warabbika, nabtahil, yu'luna and ya'tali, syahadatin billahi and aiman. (2) In Madani  surahs, the researcher finds that there are four function of the word oath and their synonyms, namely to throw away doubt, to strengthen the reason, to strengthen the statement and to define the law perfectly. (3) The contexts used to distinguish the word oath and its synonyms are linguistic and non-linguistic (situation) contexts

scholarly journals Moral Value and Character Building Education in Folklore from Central Java “Timun Mas”

2021 ◽  
Vol 9 (1) ◽  
pp. 85
Author(s):  
Dilla Dwi Nanda ◽  
Betty Simbolon ◽  
Friska Afriana Damanik ◽  
Yenita Br Sembiring
Keyword(s):  
Character Education ◽  
Moral Values ◽  
Hard Work ◽  
Moral Value ◽  
Descriptive Research ◽  
The Past ◽  
Central Java ◽  
The World ◽  
Qualitative Descriptive ◽  
Character Building

Folklore is a story that originated in society and developed in society in the past which played an important role in the development of children's character learning in the form of moral values. The purpose of this study was to explain the moral values contained in folklore to improve character education. This study used a qualitative descriptive research design. Where all the data collected is based on books and other supporting document data. From the discussion of the Timun Mas folklore, there are eight prominent moral values, namely religious values, independent values, curiosity values, hard work values, responsibility values, honesty values, creativity, the value of the spirit of hard work. And from the research results, it can be concluded that the folklore of Timun Mas has many moral values that can be applied in the world of Education to shape character.

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