The Perspectives of Islamic Law (Hadd Al-Syurb) on Aia Niro and Tuak (Khamr) Activities in Nagari Batu Payuang Halaban

Society ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 249-263
Author(s):  
Salma Salma ◽  
Robi Revianda ◽  
Taufik Hidayat

In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it “tuak”. This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse.

Author(s):  
Siti Mardiyah

 abstractNira is a raw material for the manufacture of liquid brown sugar, palm sugar, and alcoholic beverages. Among these products are the most widely used alcoholic beverage. During this siwalan juice as a beverage consumed fresh, the storage period is relatively short whice for 1-2 days. If after 3 days the beverage is consumed will have a negative impact, to reduce the alcohol content is then made warming. Based on the above background can be taken formulation of the problem "whether there was an effect on levels of alcohol prolonged heating on sap siwalan"?. The purpose of this study was to determine whether there was an effect on levels of alcohol prolonged heating on sap siwalan. This research is a kind of experimental research with the aim to determine the effect of prolonged heating of the alcohol content in the sap siwalan. The sampling technique used was random sampling, totaling 24 samples. Variable work was composed of independent variables and the dependent variable. Alcohol Examination conducted on sap siwalan by doing without heating or 0 minutes, 10 minutes, 20 minutes and 30 minutes, using a number of methods Pycnometer six replication. From these results a decrease in the average alcohol content of sap siwalan on any heating for 10 min, 20 min and 30 min, after using ANOVA statistical test obtained p = 0.000 (p <0.05) can be summed Ha Ho is rejected or accepted which means there is prolonged heating effect on levels of alcohol in the juice siwalan.Key word : Nira, Level of alcohol, prolonger heating 


Food systems ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 18-23
Author(s):  
E. V. Dubinina ◽  
D. V. Andrievskaya ◽  
S. M. Tomgorova ◽  
K. V. Nebezhev

One of the promising raw materials types for alcoholic beverages production, which have a peculiar aroma and taste, is the ashberry (red), widespread throughout the Russian Federation. The aim of the research was to develop an innovative technology for alcoholic beverages from the red ashberry based on the study of the raw materials biochemical composition transformation during its processing, maceration, fermentation, distillation, as well as its effect on the volatile components composition of distillate and the processing conditions of the finished alcoholic beverage. Fermented pulp of red ashberry, distillates and alcoholic beverage blends from ashberry were used as objects of the study. To determine the organoleptic and physico-chemical indicators in the work, standardized analysis methods and certified methods were used. The effect of various yeast races and fermentation conditions on the change in biochemical composition of the red ashberry pulp was studied. For this raw material type fermentation, recommended Siha 3 yeast race. The positive effect of the Vitamon Combi fermentation activator on the fermentation efficiency and the formation of qualitative characteristics of the fermented pulp, including its amino acid composition, is shown. It was established that the optimal conditions for fermentation is the anaerobic regimen at a temperature of no higher than 22 ºС. The effect of fractional distillation operating parameters in a direct distillation unit on the volatile components’ composition and concentration in ashberry distillate is studied. It is recommended to obtain a high-quality distillate to carry out the selection of the head fraction in the amount of 2.5% of the distilled pulp volume, and the selection of the tail fraction to start when the strength in distillate reaches 45% vol. It is shown that within 30 days of exposure in the distillate, a certain chemical equilibrium is achieved and its taste and aromatic characteristics are harmonized. The blending conditions of the alcoholic beverage are determined and the technological processing modes are established to ensure its high consumer properties. The conducted studies have allowed to develop innovative technology for a new alcoholic beverage from red ashberry.


EL-Ghiroh ◽  
2019 ◽  
Vol 16 (01) ◽  
pp. 15-36
Author(s):  
Tomi Agustian

Islamic law is one of the raw materials for the national legal systems in addition to the customary law and the law of the West.Therefore Islamic law can be used as raw material for the construction of the device, order and culture of origin of national law does not conflict with the values of Pancasila and the 1945 CONSTITUTION and in accordance with the needs of the people of Indonesia law.Can not be contradicted by evidence of any kind that Islamic law has an important and strategic position in national law drafting and pmbentukan Indonesia One of the efforts to incorporate Islamic law into the national laws of grammar through transformation.This paper discusses about the effort will be the transformation of Islamic law into the law of Indonesia governance. the formalization of Islamic law if done substantively, cannot be released and must be preceded by a reference to the judiciary with constitutional considerations and the history of the nation. The process is inseparable from the history of Islamic law in Indonesia, and the policy of Indonesian legal politics in placing the position of Islamic law in the national legal system.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


2019 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Sovian Aritonang ◽  
Jupriyanto Jupriyanto ◽  
Riyadi Juhana

<p>The number of iron sand reserves is mostly spread in the coastal waters of Indonesia, from the coast of Sumatra, the southern of Java to Bali, the beaches of Sulawesi, beaches in East Nusa Tenggara (NTT), and the northern coast of Papua. Total reserves for ore are 173,810,612 tons and metal as much as 25,412,652.62 tons. But its utilization was not optimal because PT. Krakatau Steel, and PT. Krakatau Posco has produced steel plates only 24,000 to 36,000 tons per year. While the need for steel plates for the shipping industry each year requires 900,000 tons per year. With the need for raw material for steel plates in the form of iron sponges with Fe ≥ 60%, PT. Krakatau Steel is still imported from abroad. The proof is PT. Krakatau Steel before and during the year 2000 still imported Iron Ore Pellets from the countries of Sweden, Chille and Brazil for 3,500,000 tons per year. This condition is the cause of the national steel industry unable to compete with the foreign steel industry because imported raw materials are subject to import duties. This is an opportunity to build a steel raw material company because all this time the steel raw material industry in Indonesia has only two companies. This condition encourages the manufacture of iron sponges, with the process of making iron sponges with technology adapted to installed production capacity. This study analysed the manufacture of iron sponges using Cipatujah iron sand, as raw material for the manufacture of iron sponges, with the results obtained in the form of iron sponges with the highest levels of Fe ≥60.44%. This can be used for the purposes of raw materials for steel making PT. Krakatau Steel (PT. KS), because so far PT. KS claims that Fe &lt;60% local sponge iron products. This can encourage the independence of steel raw materials, which impacts on the independence of the defence industry. But the government must also protect and prioritize steel raw materials for national production for national steel production. With the national government steel industry, the consortium of vendors supplying raw material (iron sponge) to maintain the quality and supply of continuous sponge iron.</p><p><strong>Keywords</strong>: iron sand, iron pellet, iron sponge</p>


2019 ◽  
Vol 20 (2) ◽  
pp. 184
Author(s):  
Abdul Rasyid Masri

This paper relates to the brief history of Sheikh Yῡsuf al-Makassary as well as his brief role in the Spread of Islam in Gowa-Makassar as his birth land.Sheikh Yῡsuf was born in 1626 M and grew up among noble families of Gowa-Tallo Kingdoms and then travelled to seek and deepen his Islamic knowledge from Aceh, India to the middle East (1645-1668) or for around 23 years and then he became a great ṣῡfῑ and left many of his treatises for Islamic community, especially for his followers, which are most of them still preserved at Universiteit Bibliotheq Leiden and the national museum of Jakarta at the present day. The main concept of Islamic mysticism of Sheikh Yῡsuf as one of his reform in the spread of Islam in Gowa-Makassar is the purification of belief (‘aqῑdah) in the Oneness of Allāh or in the Unity of God (tawḥῑd). This is his attempt to explain God’s transcendence (Ilāh) on His creatures. In a quoted al-Ikhlash verse (QS. 112:1-4) and al-Shura’ verse of al-Qur’an that there is nothing comparable to Him (QS. 42: 11), Sheikh Yῡsuf emphasized that the Oneness of Allāh is infinite and absolute. Tawḥῑd  is the essential component in Islam. Moreover he compares “the immaculate tawḥῑd with a leafy tree; Gnostic knowledge (ma‘rῑfa) is its branches and leaves, and devotional services (‘ibādah) are its fruit.” Further he said that if you got the tree, you will get its branches and leaves, and if you got them, you will even look for fruit of the tree. If you did not get its branches and leaves, it is impossible to get its fruit. Therefore, tawḥῑd without ma‘rῑfah is like a tree without branches and leaves, and it is impossible to get its fruit, except if the branches and leaves of the tree grew up again, then its fruit can be hoped. In other words, only a man, who has tawḥῑd  with ma‘rῑfa, could perform devotional service well to God. This teaching was used as the basic reform ideas in the spread of Islam in Gowa-Macassar, South Sulawesi and then brought a big changing to the cultural of his society and then made Muslim in Gowa-Makassar to be a more fervent Muslim. Therefore, one of the reform movements in his homeland was that he tried to pull out and then to release the people of Gowa-Makassar from the bad habits such as activities in serving idols / idols places, alcoholic beverages, cockfighting and gambling in crowded places. Because those can be a great danger to his native land; he said that the collapse of an empire because of the weakness of the faith of its people. On the other hand, the strength of an empire can guarantee the enforcement of sharῑ‘ah h. But it also depends on the leader. A good leader / ruler is one who able to enforce the Islamic law or sharῑ‘ah h in the middle of his society. Thus the main priority in the renewal of his mystical teachings for Muslims believers especially in Gowa Makassar, South Sulawesi, Indonesia is the purification of confidence by implementing ṣῡfism which is more oriented to the sharῑ‘ah  , where he tried hard to reconcile sharῑ‘ah  and ḥaqῑqah. Among the various types of ṣῡfῑ orders affiliated with him, Ṭarῑqat al-Khalwatiyya is the famous one, which is later more popular with Khalwatiyyat al-Yῡsufiyya that has found fertile land especially in South Sulawesi.


2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>


Author(s):  
I Putu Mahentoro

ABSTRACTThe research was conducted based on the same authority which is ownedby the two institutions, namely Food and Drug Administration of the Republic ofIndonesia and Bali Provicial Government in monitoring and controlling ofalcoholic beverages in Bali.The results of this study demonstrate the Food and Drug Administrationand the Provincial Government of Bali have the same authority to supervise andcontrol alcoholic beverages in Bali. Bali Local Government Regulation Number 5of 2012 on the Circulation of Alcoholic Beverage Control only requires each hasa label on alcoholic beverages issued by the Government of Bali has to bedistributed to the public, while the authority of the Food and Drug Administrationis regulated in the Regulation of Minister of Health of the Republic of IndonesiaNumber 382/MENKES/PER/VI/1989 on Registration of Food that requires allfood produced both by local producers and imported foods are required to beregistered to the Ministry of Health through the Food and Drug Administration.In the Regulation Number 5 Year 2012 did not include the authority of theFood and Drug Administration (the Empty Norms) so that the Food and DrugAdministration can not perform optimally the law enforcement againstmanufacturers, distributors and sellers of alcoholic beverages in violation. Tocope with the condition it should be a amendment in the Bali ProvincialRegulation Number 5 of 2012 by stating firmly and clearly the authority of theFood and Drug Administration related to the registration of food, which requiresthat for all foods and beverages that will be distributed to the public must beregistered to the Ministry of Health through the Food and Drug Administration.


2018 ◽  
Vol 9 (2) ◽  
pp. 365
Author(s):  
Etty SUSILOWATI ◽  
R. Maulana Aliif AKBAR

The increasing number of community plantation forests in Indonesia, specializing in plywood, has improved the size of this market. Many companies succeed in this business, creating fierce competition for raw material supplies. Additionally, the Indonesian government has intensified the wood industry production in 2015 so that several fast growing and shortage timber species were introduced. However, this great opportunity is also faced with the challenge that timber exported overseas must be certified. The existence of middlemen in the business supply chain can potentially disrupt the business with unsustainable procedures and can harm the environment. In this study, we investigated the requirements of a partnership to establish a sustainable partnership with the local communities, to provide a sustainable environmental development in Lombok and to deliver profitable business prospects to the wood industries. This research focused on investigating Dharma Satya Nusantara Group (DSNG)’s challenge to obtain and to secure raw materials of wood to maintain and to sustain its future plywood manufacturing businesses. A qualitative method was employed by using snowball sampling of 17 individuals, including farmers, landowners, NGOs, middlemen, and logistic companies. Finally, a triangulation method was employed to analyze the data. Our findings proved that a mediator was needed to find mutual goals between private sectors in the local community. The mediator position should be neutral and prohibit from taking a side. DSNG as the buyer could utilize an expert practitioner that would act as a mediator to connect with the people, while the farmers would be supported by cooperation as their connector to DSNG. Finally, a collectivist culture, mutual trust, solidarity, teamwork, and education were essential factors for sustainable partnership.


2020 ◽  
Vol 9 (2) ◽  
pp. 147-153
Author(s):  
Frans Yerkohok ◽  
Sanggar Kanto ◽  
Anif Fatma Chawa

Abstrack. This article is a socio-cultural study of the culture of consuming liquor. This research was conducted using a qualitative method with a case study approach to the Moskona community in West Bintuni Village, West Bintuni District, Bintuni Bay Regency. Using Herbert Blumer's theory of symbolic interactionism, this study seeks to understand the meaning of alcohol consumption for the people of Moscow and the economic, social, and health impacts of the culture of consuming alcoholic beverages. The results of this study reveal that the consumption of alcoholic drinks does come from outside and has developed into a habit in society, and people perceive alcoholic drinks as a form of brotherhood and kinship between groups of people when sitting together. Various efforts have been made by elements of society such as traditional leaders, religious leaders, and the government, such as very high customary fines for people who commit deviant behavior after consuming liquor, but in reality, the rate of accidents and fights after consuming alcoholic beverages is still high. This study also shows that the persistence of alcohol consumption in the community is related to family, economic and social factors.Keyword : Indigenous people, Liquor, Teluk BintuniAbstrak. Penelitian ini bertujuan untuk mengetahui bagaimana perkembangan komsumsi minuman beralkohol pada masyarakat Moskona yang berada di Kelurahan Bintuni Barat, Distrik Bintuni, Kabupaten Teluk Bintuni, sehingga menjadi sebuah budaya. Sselain itu juga untuk memahami makna konsumsi minuman beralkohol bagi masyarakat Moskona serta dampak ekonomi, sosial dan budaya dari konsumsi minuman beralkohol, dengan menggunakan Teori Interaksionisme Simbolik dari Herbert Blumer. Hasil penelitian mengungkapkan bahwa konsumsi minuman beralkohol memang datang dari luar dan berkembang menjadi sebuah kebiasaan pada masyarakat, dan masyarakat memaknai minuman beralkohol sebagai bentuk persaudaraan dan kekerabatan di antara kelompok masyarakat saat duduk bersama. Berbagai upaya yang dilakukan oleh elemen masyarakat seperti tokoh adat, tokoh agama, dan pemerintah sudah dilakukan seperti denda adat yang sangat tinggi kepada masyarakat yang melakukan perilaku menyimpang pasca mengkonsumsi minuman beralkohol, namun dalam kenyataannya tingkat kecelakaan dan perkelahian pasca konsumsi minuman beralkohol masih tetap tinggi. Bertahannya kebiasaan konsumsi minuman beralkohol pada masyarakat ada kaitannya dengan faktor keluarga, individu pelaku konsumsi dan maraknya minuman beralkohol yang beredar luas di tengah masyarakat, oleh karena itu upaya yang diharapkan oleh peneliti adalah pemerintah mengambil sikap tegas dengan mengeluarkan Peraturan Daerah (PERDA) terkait minuman beralhokol, untuk mampu meredam berdar luasnya minuman beralkohol tersebut.Kata Kunci : Minuman beralkohol, Peraturan Daerah, Teluk Bintuni


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