scholarly journals CESSIE DALAM TINJAUAN HUKUM ISLAM

2019 ◽  
Vol 11 (1) ◽  
pp. 44-73
Author(s):  
Devid Frastiawan Amir Sup
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Code ◽  
The Other ◽  
Accounts Receivable ◽  
Other Hand ◽  
Accounts Payable ◽  
Qualitative Descriptive

Cessie is the submission of accounts receivable in the name regulated in Article 613 of the Civil Code. Cessie in principle is the sale and purchase of receivables, but in its development the cessie can also be used as collateral for debt. In Islamic law, detailed discussion of cessie has not yet existed, but in general the issue of accounts payable has been discussed in the hawalah contract. In the DSN-MUI fatwas cessies are categorized as active subjective innovations or forms of subrogation accompanied by compensation. On the other hand, conceptually, cessie, subrogation and innovation are different. From this description, this research will discuss about cessie in Islamic law review with hawalah approach. The research method used is qualitative-descriptive-literature. The conclusion obtained from this study. (1) Cessie requirements according to the Civil Code have not fulfilled the entire requirements for the formation of the contract contained in hawalah. (2) Cessie in the sale and purchase of receivables is included in hawalah haqq. (3) Cessie as debt collateral is included in hawalah haqq based on kafalah (guarantee). In the case of retro cessie, Hanafi scholars allow while Shafi'i scholars do not allow

scholarly journals Strategi dan Manajemen Dakwah Majelis Tafsir Al Qur’an melalui MTA TV Surakarta

2021 ◽  
Vol 1 (2) ◽  
pp. 124-135
Author(s):  
Silvia Riskha Fabriar ◽  
Kurnia Muhajarah
Keyword(s):  
Social Networks ◽  
Research Method ◽  
The State ◽  
The Other ◽  
The Public ◽  
Great Demand ◽  
Descriptive Research ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
The Times

Da'wah can be done with various strategies according to the state of mad'u. Management in the organization is structured in such a way that da'wah activities run well and according to purpose. The Qur'an Tafsir Council (MTA) is one of the da'wah institutions that carry out its da'wah with various methods, one of which is through television media among other da'wah media. MTA TV presents various da'wah programs in accordance with the vision of the MTA institution. The purpose of this study is to see how the MTA propaganda strategy through television is also side by side with other media. The author uses a qualitative descriptive research method. The findings of this study indicate that MTA through MTA TV can carry out their da'wah effectively because they are able to reach a wider audience. MTA TV is also able to adapt to the times so that this channel can survive, in addition to utilizing social networks that are in great demand by the public. However, on the other hand, the audience of listeners is still limited among Muslims who are members of this da'wah institution and the variety of programs is not so diverse.

Ottoman and Secular Civil Law

1977 ◽  
Vol 8 (4) ◽  
pp. 517-543 ◽  
Author(s):  
Dora Glidewell Nadolski
Keyword(s):  
Abrupt Change ◽  
Islamic Law ◽  
Civil Law ◽  
Major Change ◽  
Civil Code ◽  
The Other ◽  
Secular Change ◽  
Total Change ◽  
Other Hand ◽  
The Subject

The term “secularization” is used to qualify that manner of change which occurred in the Islamic system of civil law from 1451 to 1926. It refers to the processes that caused gradual revision and/or change in Islamic Ottoman and Turkish civil law and connotes a departure from the orthodox tenets prescribed by Islamic law. This departure is a process that may create gradual or abrupt change. Also that which in retrospect is classified as a change may not at the outset be classified as such. Specifically, this change may begin in the form of supplementation and continue in this manner without the process taking the form of major change. On the other hand there may be total change within the structure undergoing these experiences. This structure, which is the subject of discussion, is the Islamic Ottoman and Turkish civil law. The secularization process in this case represents: (1) supplementation, (2) reform (Tanzimat and the Mecelle), (3) change (abrogation of the capitulatory system), (4) complete secular change in civil law (adoption of the Swiss Civil Code).

scholarly journals REKONSTRUKSI HUKUM WARISAN DI INDONESIA PERSPEKTIF PLURALISME AGAMA

Al-Qadha ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 60-72
Author(s):  
Abdul Mufid
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Certainty ◽  
Legal Research ◽  
Other Hand ◽  
The Will ◽  
Sense Of Justice ◽  
Religious Differences

Juridical, theological, and philosophical differences in religion are one of the challenges for someone to become an heir. On the other hand, empirically historical-sociological is not the case, because there are reasons (illat) or other related to different religions to get the inheritance of Muslims who inherit using welfare factors. This research uses the normative legal research method. The author uses Gustav Radburch's theory of legal objectives governing justice, expediency, and legal certainty. Based on the results of the research found in the compilation of Islamic law is not available to the heirs who have been given apostasy. Religious differences as a barrier to inherit are specifically intended for heirs. So it can be concluded that Muslim heirs can inherit the assets of non-Muslim heirs, but not vice versa. In this study, non-Muslim heirs cannot inherit wealth from Muslim heirs, in order to fulfill a sense of justice and respect, these non-Muslim experts still obtain inheritance through mandatory wills which are processed through court determination. The will is obliged to be determined as a way out of giving the inheritance to non-Muslim heirs because the heir has died, and there is no other way to be able to transfer the heir's assets to the non-Muslim heirs.

scholarly journals Kehidupan Sosial Budaya dan Ekonomi Masyarakat Pesisir Pantai Teleng Ria Pacitan

2020 ◽  
Author(s):  
Sara Grace Sella Widhi Asih
Keyword(s):  
Research Method ◽  
Economic Life ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
The One

Teleng Ria Beach is the one of Beaches in Pacitan that has a beautiful panorama. This beach is 3 kilometers from Pacitan’s square. This article was written to describe the socio-cultural and economic life of the Teleng Ria Pacitan Coast community to the public. The purpose of this research is to analyse the socio-cultural and economic life of the Teleng Ria Pacitan Coast community so that give knowledge to reader. The research method is qualitative descriptive. The result of this research explain that there is ritual to celebrate the replacement of the Islamic New Year, Larung sesaji. Larung sesaji is ritual parading cone to the middle of Teleng Ria Pacitan Beach, with the purpose to refuse advesity. On the other hand, economic life realized through their job, such as fisherman, fish sellers, etc. With this result, public know Teleng Ria Pacitan Beach through the socio-cultural and economic life of the coast comunity

scholarly journals Liquidity Measurement Problems in Mining Companies

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Agata SIERPIŃSKA-SAWICZ
Keyword(s):  
Raw Materials ◽  
The Other ◽  
Reliable Information ◽  
Economic Conditions ◽  
Accounts Receivable ◽  
Mining Companies ◽  
Other Hand ◽  
Accounts Payable

The ability to manage liquidity is important in any economic conditions. It assumes unique importance during a downturn and depends on management having reliable information on the company’s liquidity level. Static liquidity ratios do not provide such reliableinformation. Their high values result from high inventory levels of extracted raw materials and is not tantamount to excess liquidity.Additional information is offered by the cash cycle and its constituents – Days Inventory Outstanding, Accounts Receivable Days andAccounts Payable Days. Long cash cycles signal a shorter deferral of settlement of suppliers’ bills and a lower liquidity level. To maintain liquidity, companies must maintain higher cash balances in their accounts. Short cycles, on the other hand, may result from latepayment of invoices, which is reflected in long Accounts Payable Days. Some coal companies have very long Accounts Payable Daysand negative cash conversion cycles. This means that some of their non-current assets are financed out of current liabilities.

scholarly journals QURANIC VALUES ON THE JAMIK MOSQUE ARCHITECTURE IN SUMENEP

2021 ◽  
Vol 6 (3) ◽  
pp. 187-195
Author(s):  
Lukman Fajariyah
Keyword(s):  
Empirical Data ◽  
Research Method ◽  
The Other ◽  
Islamic Architecture ◽  
Substantial Role ◽  
Significant Element ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
Islamic Civilization ◽  
Descriptive Method

The mosque is a significant element in Islamic architecture that primarily constructs the presence and doctrine of Islam. On the other hand, it has a substantial role in developing Islamic civilization from time to time. It was able to convey and preach the teachings of Islam from the Qur'an through the parts of the building. One of the mosques that represent these criteria is the Sumenep Jamik Mosque. This paper aims to explore Quranic values in the architecture of the Jamik Mosque. The research method used in this study is a qualitative descriptive method. The author describes empirical data related to the architecture of the Jamik Mosque. The approach used in this study is historical-philosophical. The research indicates that the Jamik Mosque construction was adopted and inspired by the values of the Qur'an. Empirical facts about aspects of the Qur'an in the architecture of the Jamik Mosque can be found in the building parts, including; mosque building, mihrab, calligraphy as mosque decoration, the grandeur of the gate (gapura), garden, overlapping roof, tower, pillar, place of ablution, and pavilion (pendopo). Based on this phenomenon, it can be concluded that the architecture displayed by the Jamik Mosque is inseparable from the values of the Quran and Islamic ideological doctrines.

scholarly journals Gadai Emas Prespektif Kepatuhan Syariah dan Hukum di Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 125
Author(s):  
Musa Musa
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Islamic Banking ◽  
Other Hand ◽  
Stamp Duty

<p>In the practice of gold pawning in Islamic banking there are several costs that must be burden by customers. These costs include ujrah, administration, stamp duty, and insurance. Gold pawning transactions in Islamic banking must be identified whether they are in accordance with the concept that was stated or not. On the other hand, the practice of gold pawning is different from the policies issued by DSN. This study aims to determine the review of Islamic compliance and Islamic law against gold pawning in Islamic banking. The research method used is to use literature review, which is taken from books, articles, internet, and opinions of experts in their fields. Viewed from the aspect of sharia compliance, the reality of sharia banks uses as in the theory of sharia compliance policies in the gold mortgage financing process, namely the process of selling collateral and excess sales. While viewed from the aspect of Islamic law, the merging of the rahn and ijarah contracts is related to ta'alluq where the rahn contract is interdependent with the ijarah contract. The matter is permitted by DSN-MUI because between the rahn contract and the ijarah contract have different objects. While seen from the hadith gold pawn contract there are two contracts in one transaction, namely rahn contract and ijarah contract. This matter is prohibited in Islamic teachings.</p>

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

Teaching Translation:

2017 ◽  
Vol 1 (1) ◽  
pp. 17-23
Author(s):  
Rina Alfikawati Rohmah ◽  
Zida Kamalia
Keyword(s):  
Teaching Method ◽  
The Other ◽  
Efl Learners ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
Inaccurate Result

Google Translate as the recent platform which enables people translate from one language to others has been hype nowadays.On the other hand, inaccurate result in translating frequently happens. In accordance with that, Google Translate lets everyone help them in correcting the result of translation through their Google account. They are asked to fix inaccurate words then give corrections or translate from one language to others. This idea has been brought as teaching method in Translation course for EFL learners at Department of English of Universitas Negeri Malang. By giving contribution in translating the words, they will get badges and stats as rewards and become the lecturer’s assessment. Therefore, the researchers are going to analyze the effectiveness of Google Translate based in Translation course. Meanwhile, the significance of this study is to give insight for education practitioners in developing teaching method of Translation. The data is analyzed using qualitative descriptive by distributing questionnaire to twenty seven EFL learners who took the course and interviewing the lecturer who applied this method.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

Sign in / Sign up

Export Citation Format

Share Document