scholarly journals THE FRAME OF SHARIA ECONOMIC ON PAYLATER PAYMENT SYSTEM

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Rif’atul Muzayanah Al-Mahbubah ◽  
Ana Nurwakhidah
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Payment System ◽  
Public Knowledge ◽  
Similarities And Differences ◽  
Loan System ◽  
System Mechanism

This study aims to investigate the payment system mechanism in Paylater in Shopee e-commerce, as well as to find out the contract used in the payment system and to review the system in the frame of Islamic law. This research was prompted upon a loan system namely Paylater provided by Shopee e-commerce, one of the biggest markerplaces in Indonesia, which offers loans with installment system. The method used in this research was a field research method. In this study, the researchers gathered data by themselves. The data was obtained from the application regarding public knowledge of Paylater Shoppe payments. The results showed that the payment system mechanism is relatively easy to follow since the application provides simple and practical instructions. Meanwhile, the contract used in Paylater payments is bai 'as-salam, where there are still similarities and differences that still need to be studied. In conclusion, in a review of Islamic law the Paylater system is categorized as usury and gharar

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

scholarly journals Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh

2017 ◽  
Vol 1 (2) ◽  
pp. 167-174
Author(s):  
Muhammad Sibawaihi ◽  
Mokhammad Baharun
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Research Approach ◽  
Applicable Law ◽  
Normative Approach ◽  
Moral Sanction ◽  
Preparation Period ◽  
Research Type

Marriage has rules and regulations its implementation. According to Jambi Malay customary law,  there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth  day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by  all society  of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of  research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand  the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded  the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.

scholarly journals PANDANGAN HUKUM ISLAM TERHADAP ADAT TOPO SALIA DI DESA MANINILI BARAT KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG

2020 ◽  
Vol 1 (1) ◽  
pp. 67-79
Author(s):  
Nizrah Nizrah ◽  
Nasaruddin Nasaruddin ◽  
Hamiyuddin Hamiyuddin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
Mutual Cooperation ◽  
Data Collection Technique ◽  
The Village ◽  
Islamic Values

This research has a problem that how is the implementation of the topo salia custom in Desa Maninili Barat, Kecamatan Tinombo Selatan, Kabupaten Parigi Moutong, and what is the view of Islamic law on the topo salia custom. The research method used is a qualitative method that describes field research. In the data collection technique, the writer used the method of observation and direct interviews with informants, namely the village head and several religious figures as well as documentation. Then, the results of the research found that first the topo salia custom is a ritual that is carried out in the month of Rabiul Awal to commemorate the birthday of the Prophet Muhammad. namely on the 12th of Rabiul Awal, this tradition was carried out with the aim of rejecting calamities and making their children live and cultured. Second, according to the view of traditional Islamic law, topo salia does not contradict Islamic law because it contains Islamic values, such as deliberation, mutual cooperation, strengthening friendship, and a form of gratitude to Allah swt.

scholarly journals IMPLEMENTASI AKAD WADIAH DALAM PRODUK TABUNGAN DI BANK SYARIAH MANDIRI DAN TINJAUANNYA MENURUT HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Lulu Rodiyah ◽  
Abd Hadi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Arabic Language ◽  
Qualitative Research Method ◽  
The Core ◽  
Economic Law ◽  
Conventional Bank

ABSTRACT\         Since Sharia Banking Law issued, Sharia bank is blooming and gaining the trust of people in Indonesia. This is showed by the increase of the number of the established Sharia bank in Indonesia. However, in their practice, these Sharia banks are not in accordance with Islamic law. They plagiarize usury principles from conventional bank and just translate it to Arabic language e.g. Sharia savings and Akad Wadiah.In principle, the foundation of this product is correct according to Fiqh due to its Wadiah base. However, in their implementation, Sharia bank may applies Wadiah Yad Dhamanah principle; whereas, Akad Wadiah Yad Dhamanah by name can’t be found in the classical Fiqh literature, and if this principle is further analyzed, two contradicting Akads which are forcibly combined will be found, i.e. Akad Wadiah and Akad Qard.This research is field research, where the researcher involved directly in the field or research object i.e. Bank Syariah Mandiri, Lamongan branch. The data is collected by observing and interviewing the management and the employee of Bank Syariah Mandiri, Lamongan branch, thus the collected data is the core of the research object which then analyzed using Qualitative Research method. The result shows that the application of Akad Wadiah in Bank Syariah Mandiri, Lamongan branch is using Wadiah Yad Dhamanah principle, which is not in accordance with the Sharia Economic Law. Keywords: implementation, Wadiah, Sharia Economic Law. 

Tinjauan Hukum Islam terhadap Kewarisan Kelem pada Masyarakat Kecicang Islam

2021 ◽  
Vol 2 (01) ◽  
pp. 56-70
Author(s):  
Ijtihadul Umam
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Community Leaders ◽  
Law System ◽  
Normative Approach ◽  
Customary Laws ◽  
Hereditary Laws ◽  
Collection Methods

Kelem hereditary is one of the customary laws in the matter of the inheritance rights of grandchildren which is the result of the agreement of former community leaders in Kecicang Islam Village, Bungaya Kangin Village, Bebandem District, Karangasem Regency, Bali Province. Kelem comes from the Balinese language which means drowned. In terms of hereditary, kewarisan kelem means a grandson whose father or mother (the heir) died before the grandfather or grandmother (the inheritor) is said to have drowned (blocked) from inheritance rights because it is hindered by the parents’ brothers who are still alive. This is in contrast to the hereditary law system in Indonesia in the form of Islamic Law Compilation article 185 paragraph 1, which explains that, the heir who dies before the inheritors can be replaced by his child. The research method used was field research. This research was a descriptive analytic with juridical normative approach. Data collection methods used include interviews and documentation. After the data was collected, it was analyzed in a descriptive qualitative way with the 'urf and the theory of substitute heirs. The results showed that kelem hereditary is one of the customary laws as the result of the agreement of former community leaders in Kecicang Islam. This contradicts both Sunni and Shi'ah hereditary law systems as well as the hereditary laws in Indonesia.

scholarly journals Tradisi Te'nea dalam Perspektif Hukum Islam (Studi Kasus di Desa Majannang)

2020 ◽  
Vol 6 (1) ◽  
pp. 145-158
Author(s):  
Hendra Wijaya ◽  
Fadlan Akbar
Keyword(s):  
Driving Force ◽  
Research Method ◽  
Islamic Law ◽  
Extended Family ◽  
Field Research ◽  
Study Format ◽  
Research Studies

The purpose of this research was to identify the description of te'nea tradition, to recognize the driving force behind the shift in the meaning of te’nea tradition, and to explain the view of Islamic law regarding te’nea tradition in Majannang Village, Parigi District, Gowa Regency. The research method employed field research studies with a case study format through sociological and normative approaches.. The results showed that te'nea tradition was initially conducted merely with the purpose of kinship and eating together with relatives in an effort to commemorate the ancestors of the Pajaiyya extended family. The shift of the meaning of te'nea tradition occurred due to healing phenomenon of a broken leg sufferer in Bungung Toa where the ritual of te'nea took place. The shift of the tradition of te'nea is very fatal because it is suspected to contain shirk which has implications for the haram of this tradition in the perspective of Islamic Law, but if the element of shirk can be eliminated then this tradition will be in line with the teachings of friendship which is mustahab (recommended).

scholarly journals Tabungan Emas dalam Tinjauan Hukum Islam (Studi Kasus di Pegadaian Syariah Cabang Pinrang)

2020 ◽  
Vol 1 (4) ◽  
pp. 673-691
Author(s):  
Khaerul Aqbar ◽  
Aswar Aswar ◽  
Muh. Sepriadi
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Research Library ◽  
Research Approach ◽  
Research Results ◽  
Library Research ◽  
Qualitative Descriptive ◽  
Security Price

This study aims to determine the practice of product contracts and a review of Islamic law on gold savings products in Sharia pawnshops. The research method used a field research approach (filed reaserch) which was qualitative descriptive, and data collection was obtained through observation, interviews and library research (library reaserch), and the research locus was carried out at the Pinrang Syariah Pegadaian Branch. The research results found that; First, regarding the practice, the Pinrang Branch of the Sharia Pegadaian provides many facilities for customers who want to start investing in gold. In addition, Pegadaian Syariah also offers products in the form of Gold Savings, which is a gold buying and selling service with deposit facilities. As for the process of liquidating (selling) gold, it is carried out in two ways, namely by reselling it if the customer wants cash and printing if the customer wants it in the form of gold bullion. Second, the Gold Savings scheme in Sharia Pawnshops is a problematic contract because one of the contracts has an element of usury, to be precise in the murabahah contract, where scholars have different opinions about its abilities. Jumhur ulama agree on the prohibition (because some scholars from syafi'iyyah and malikiyyah argue that gold is included as ṡaman (price, means of payment, money) which cannot be exchanged in installments, because it causes usury and must be done in cash at the time of the contract. Third, DSN MUI and other contemporary scholars consider that the sale and purchase of gold / murabahah gold is permissible both in cash and credit as long as they are not intended as security (price) but sil'ah (goods).

scholarly journals Tinjauan Hukum Islam terhadap Pernikahan dengan Wali Hakim (Studi Kasus di KUA Kecamatan Bulo, Kabupaten Polman)

2021 ◽  
Vol 2 (2) ◽  
pp. 301-313
Author(s):  
Mukran H. Usman ◽  
A. Hawariah ◽  
Rosmita Rosmita ◽  
Nurfatimah Muh. Tahir
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Positive Law ◽  
The Guardian

This study aimed to determine the cause of the marriage of guardian judges in the KUA, Bulo District, Polman Regency and to find out the review of Islamic law on this phenomenon. The research method used was field research with descriptive analysis techniques and applies a phenomenological and juridical-normative approach. The results showed that; 1) Among the factors in the occurrence of marriage with the guardian judge at the KUA, Bulo Sub-district, Polman Regency, is because there are no living lineage guardians and or no Muslim lineage guardians; 2) According to Islamic law, marriage with a guardian judge is legal if it has fulfilled the conditions and pillars that have been determined both in positive law and Islamic law, where the KUA Kecematan Bulo, Polman Regency stipulates that the guardian judge is a Muslim, akil, and balig.

scholarly journals Studi Komparatif Pelaksanaan Peradilan Pidana Islam di Negara Republik Arab Mesir dan Negara Republik Indonesia (Provinsi Nanggroe Aceh Darussalam)

2021 ◽  
Vol 7 (2) ◽  
pp. 154
Author(s):  
Annisa Rahmadiana
Keyword(s):  
Criminal Justice ◽  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Reading Materials ◽  
Similarities And Differences ◽  
Laws And Regulations

Abstract: This article discusses the implementation of Islamic criminal justice in Indonesia, especially in the Province of Nanggroe Aceh Darussalam and the Arab Republic of Egypt. Between Egypt and Indonesia have the same reference in the implementation of Islamic law in the judiciary, namely referring to the Qur'an and Hadith. The Aceh Syar'iyah Court has a position as part of a special judicial institution under the auspices of the general court and the religious court according to the type of case being handled. Meanwhile, the Court in Egypt has a wider scope with each function and authority according to its level. The research method used in the preparation of this article is a comparative study by comparing the similarities and differences inherent in Indonesia and Egypt in terms of the implementation of Islamic law which is studied through reading materials, including books, laws and regulations, and various other related sources. Keywords : Court, Judiciary, Islamic Law, Aceh, Egypt

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