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.

PENERAPAN GREEN COMPUTING PADA KUISIONER INSTRUMEN PENILAIAN KINERJA DOSEN DI POLITEKNIK NEGERI SUBANG

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Nunu Nugraha Purnawan
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Performance Assessment ◽  
Research Method ◽  
Field Research ◽  
Green Computing ◽  
Assessment Instrument ◽  
Computer Hardware ◽  
Model Free ◽  
Collection Methods

The lecturer's performance assessment by students in the form of an online Lecturer Performance Assessment Instrument Questionnaire (KIPKD) is in line with the work concepts of Green Computing by utilizing computer hardware and software better, more efficiently and more useful. KIPKD online POLSUB uses Google Forms, because it has an attractive and responsive look, provides a fairly complete choice of stuffing model, free, the results are neatly arranged and can be analyzed easily. This research method uses literature review in the form of books, journals that discuss about topics related to the use of Google Forms as a medium in the manufacture of questionnaires for surveys and data collection, as well as related to the concept of Green Computing. While data collection methods used in field research by way of observation of the system running in the academic POLSUB. The use of KIPKD online illustrates that POLSUB participates in preserving the environment, with no 12 paper/year rims, equivalent to 12 tree trunks.

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 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 Tradisi Akkorontigi dalam Perspektif Hukum Islam (Studi Kasus di Desa Bontosunggu, Kecamatan Bajeng, Kabupaten Gowa)

2021 ◽  
Vol 2 (1) ◽  
pp. 59-77
Author(s):  
Ahmad Syaripudin ◽  
Akhmad Hanafi Dain Yunta ◽  
Darussalam
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Customary Law ◽  
Social Expectations ◽  
Data Collection Methods ◽  
Collection Methods

This study aims to determine and understand the akkkorontigi tradition in the Perspective of Islamic Law and Customary Law that occurred in Bontosunggu Village, Bajeng District, Gowa Regency. This type of writing is field research (field research) using historical approaches, social expectations, anthropological approaches and religious approaches, then data collection methods using interview and observation techniques the author tries to argue about the object being studied in accordance with the reality that occurs in society. The results showed that in carrying out marriage, the akkorontigi tradition is one of a series of wedding processions that cannot be missed and is a habit of their ancestors that has existed since time immemorial. The akkorontigi event is a series of sacred events that are attended by all relatives and invited guests which contain values ​​that are meaningful so that the bride's family can live in harmony. However, in practice, it is necessary to present good intentions and distance oneself from thoughts or beliefs that lead to the shirking of the symbols of tools and objects used in Akkorongtigi. Even so, Akkorongtigi can be preserved by applying several solutions in its implementation, such as wearing clothes that are not tight and covering the genitals, and not shaking hands for non-mahrams.

scholarly journals Aspek Hukum Lembaga Paksa Badan Terkait Penahanan terhadap Debitur Pailit

2019 ◽  
Vol 1 (1) ◽  
pp. 89-99
Author(s):  
Bismar Parlindungan Siregar ◽  
Budiman Ginting ◽  
Jusmadi Sikumbang ◽  
M. Citra Ramadhan
Keyword(s):  
Human Rights ◽  
Data Collection ◽  
Research Method ◽  
Field Research ◽  
Bankruptcy Law ◽  
Positive Law ◽  
Library Research ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
Collection Methods

The purpose of this study is to look at how regulations regarding forced agency (gijzeling / hostage-taking) based on Articles 209 to 224 HIR and Articles 242 to 258 R.Bg, are things that are contrary to human rights and other related regulations. Normative Juridical Approach, namely research focused on studying the application or rules or norms in positive law. There are 2 (two) data collection methods, namely the library research method and the field research method. The results and discussion through the process of developing regulations that apply to forced agency (gijzeling), at this time, this has been revived with the enactment of the Supreme Court Regulation (PERMA) No. 1 of 2000 concerning Forced Institutions, and has been absorbed by the bankruptcy law itself. The issuance of this regulation created the birth of a situation regarding the regulation of the problem of detention of a debtor in Indonesia, which in general has been regulated in Law No. 8 of 1981 concerning Criminal Procedure Law, it is necessary to have restrictions such as what to implement these two regulations, so that it becomes a differentiator in its enforcement.

scholarly journals IMPLEMENTASI JUAL BELI AKAD ISTISHNA’ DIKONVEKSI DUTA COLLECTION’S YAYASAN DARUT TAQWA SENGONAGUNG

2019 ◽  
Vol 11 (1) ◽  
pp. 139-150
Author(s):  
Moh. Mukhsinin Syu'aibi ◽  
Ifdlolul Maghfur
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Price Reduction ◽  
Selling Price ◽  
Sharia Law

Buying and selling istishna', namely buying and selling by order, in fiqh is often referred to as buying and selling goods whose goods do not yet exist or are still in process. Buying and selling clothes at the Duta Collection’s Foundation, Darut Taqwa Sengonagung Foundation is done by order (istishna’). Buying and selling transactions certainly involve two or more people to carry out the transaction, it is possible that one of the parties has committed a violation or not. The problem in this research is how to resolve it when there is a mismatch of goods that have become ready in the practice of istishna contract 'at the Ambassador Collection of Darut Taqwa Sengonagung Foundation. This type of research method used is qualitative research field (field research) that is descriptive analytic. Data collection techniques were carried out with documentation and interviews with several people, resource persons, 4 speakers from the makers or employees of convection and 2 speakers from the customer. The results in this study indicate that: First, the practice of buying and selling clothing at Duta Collection's already has ways to resolve when material errors occur the convection lowers the selling price to the customer. Secondly, in the analysis of Islamic law, Duta Collection's convection is in accordance with sharia law meaning that when there is an error from the convection party and the consumer feels that it is not according to the order it has been agreed that there is a price reduction or the goods will be replaced with the order.

scholarly journals Islamic Law Overview on Implementation of Murabahah Bil Wakalah on Multi-Purpose Financing Products

2021 ◽  
Vol 1 (2) ◽  
pp. 193-204
Author(s):  
Mualim ◽  
Hendra Karunia Agustine ◽  
Annisa Hariyani
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Selling Price

This study aims to examine the implementation of Murabahah bil Wakalah on multipurpose financing products in a review of Islamic Law. The research method used in this research is field research (field research). The types and sources of data in this study used primary and secondary data. Data collection techniques through interviews, observation, and documentation. The data obtained in this study are conclusions from various processes in qualitative research. Starting from data collection, selecting appropriate data, presenting data and then concluding.The results of this study are murabahah bil wakalah contracts in multipurpose financing at BPRS HIK Parahyangan, murabahah contracts are carried out simultaneously with wakalah contracts. Where the murabahah contract is carried out at the beginning to determine the selling price, the agreed profit, and the installment period.

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

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