scholarly journals Sabilillah dalam Pandangan Syekh Mahmud Syaltut dan Implementasinya dalam Hukum Islam Kotemporer

2020 ◽  
Vol 2 (1) ◽  
pp. 41-50
Author(s):  
Ahmad Dzulfikar
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Library Research ◽  
Universal Values ◽  
Interpretation Method

This paper reviews the meaning of the phrase sabilillah in the view of Shaykh al-Azhar, Al-Imam Al-Akbar, Shaykh Mahmud Syaltut. Discussing this phrase, Syaltut uses the maudhu'i interpretation method which is implemented in many of his works. By using the library research method, data related to Syaltut thought is collected and analyzed. From these data, the concept of sabilillah in view of Syaltut includes universal values of life established by Islamic law: goodness, justice, cooperation and compassion; and sabilillah is how to realize the objectives of Islamic law itself. With this understanding, Islamic law in the hands of Syaltut appears dynamic in accordance with the context of his era.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

scholarly journals TINJAUAN PERSPEKTIF FIKIH TERHADAP PELAKSANAAN MAHAR DALAM PERNIKAHAN

2021 ◽  
Vol 2 (1) ◽  
pp. 88-103
Author(s):  
Nazil Fahmi
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Scientific Study ◽  
Character Analysis ◽  
Women In Islam ◽  
Library Research ◽  
Definition Of

The process of marriage in Islam starting from the engagement stage to the reception is very much considered in every process. One part that is quite interesting in Islam is the dowry. Dowry is a form of gift that must be held in marriage issued by a man to a woman. Another definition of dowry is a full right that must be given to women as a form of respect for women in Islam as well as a form of responsibility and seriousness of a man to marry. From this description, this study chose library research as the research method and character analysis as the approach. Furthermore, as a result of this scientific study, in the perspective of fiqh, the views of the jurists differed in opinion, for example, the jurists, especially the jurists from the four schools of thought, had different opinions about the amount of the dowry and the payment and giving of the dowry. However, from the differences of each cleric, of course, his thoughts direct the benefits of applying dowry in Islamic law. Abstrak Proses pernikahan dalam Islam mulai dari tunangan sampai tahapan resepsi sangat diperhatikan dalam setiap prosesinya. Salah satu bagian yang cukup menarik perhatian dalam Islam adalah mahar. Mahar merupakan salah satu bentuk pemberian yang wajib diadakan dalam pernikahan yang dikeluarkan oleh seorang laki-laki kepada seorang perempuan. Definisi lain dari mahar adalah hak penuh yang harus diberikan kepada perempuan sebagai bentuk menghargai kedudukan perempuan dalam Islam serta bentuk tanggung jawab dan keseriusan seorang laki-laki untuk menikah. Dari uraian tersebut, kajian ini memilih penelitian pustaka sebagai metode penelitian dan analisis pemikiran tokoh sebagai pendekatan penelitian. Selanjutnya, sebagai hasil kajian ilmiah ini adalah dalam perspektif fikih utamanya pandangan para ulama fukaha mempunyai perbedaan pendapat, misalnya ulama fukaha khususnya ulama empat mazhab memiliki perbedaan pendapat tentang kadar mahar dan pembayaran serta pemberian mahar. Tetapi dari perbedaan setiap ulama tentunya pemikirannya mengarahkan kemaslahatan pada penerapan mahar di dalam syariat Islam.

scholarly journals Syariat Islam dan Kemaslahatan Manusia di Era New Normal pada Kegiataan Keagamaan dan Pendidikan

FENOMENA ◽  
2020 ◽  
Vol 12 (1) ◽  
pp. 89-106
Author(s):  
Mukran H. Usman ◽  
Aswar Aswar ◽  
Andi Wahyu Irawan
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Human Life ◽  
Religious Activities ◽  
Educational Activities ◽  
Face To Face ◽  
Normative Approach ◽  
It Impacts ◽  
Library Research ◽  
The Government

Shari'a is a rule or law that is sourced from Allah Ta'ala to be a guide to human life so that it impacts on the benefit of life, both personally and socially. The Shari'a of Allah Ta'ala, everything is benefit and there is no evil, although sometimes it is considered bad by humans, but in essence is good for humans themselves. This study aims to explore the harmony of Islamic law on the benefit of humans in the midst of the Covid-19 outbreak. The details are aimed at giving explanations and religious insights that are washatiyah (moderate) from a number of suggestions in the form of a prohibition or restriction by the government regarding religious activities and education carried out face to face when the Covid-19 outbreak occurred. The research method used is the library research method with a phenomenological and normative approach. The issues studied are sourced from literacy which has a relation to the focus of the research, obtained from reading turats, research results and others. The results showed that the government's prohibition on termination and restriction in religious and educational activities during the Covid-19 period, such as: restrictions on religious and educational activities carried out face-to-face, were cases permitted in the Shari'a for human benefit.

scholarly journals Analisis Praktik Akad Muzara’ah Di Desa Lebak Kecamatan Sangkapura Bawean Gresik Perspektif Hukum Islam

2019 ◽  
Vol 1 (1) ◽  
pp. 30-40
Author(s):  
Ainun Barakah ◽  
Pipin Suitra
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Agricultural Practices ◽  
Rice Fields ◽  
The Other ◽  
Irrigate Rice ◽  
Library Research ◽  
The People ◽  
The Village ◽  
Lease Agreement

Abstract Bawean is an archipelago administratively included in Gresik Regency, where the main occupation of the people is farming and fishing, but not all of the people have land to farm and ships to go to sea, and not a few who work in Malaysia and Singapore have even become citizens of that country. so that the land and rice fields below are unproductive, so there is cooperation between landowners and tenants or cultivators, in agricultural practices, landowners and processors or workers often make contracts and agreements in such cooperation, as well as in the village of Lebak, the agreement sees to the weather, or irrigation used to irrigate rice fields, and the yields obtained during the rainy season in certain months are different, there are at least three cooperation systems in the muzara'ah contract implemented there, in this study the three systems were analyzed to determine which in accordance with Islamic law , of the three, there are two agreements that use the muzara’ah contract, and the other one uses the ijarah agreement or lease agreement. This research uses the library research method with a qualitative inductive approach. Keywords: muzara’ah, Islamic Law, Gresik

scholarly journals Orientasi Perkembangan Pendidikan Islam Pasca Proklamasi Indonesia

2021 ◽  
Vol 6 (1) ◽  
pp. 83-95
Author(s):  
Fauzi Fahmi ◽  
Firmansyah Firmansyah
Keyword(s):  
Public Schools ◽  
Education System ◽  
Research Method ◽  
Islamic Law ◽  
Vital Role ◽  
Islamic Education ◽  
Scientific Journals ◽  
Islamic Culture ◽  
Islamic Schools ◽  
Library Research

History revealed that Islamic education in Indonesia has its characteristics and plays a vital role in advancing Islamic culture in Indonesia. This study used a library research method that relies on sources from books and articles in scientific journals. The results showed that after the proclamation, there are four types of Islamic education in Indonesia, i.e., Madrasah, Islamic boarding schools, Public Schools, and Islamic schools. The development of Islamic in Indonesia as a revival, renewal, and enlightenment. The Islamic education system that existed at that time had developed as an effort of implementing Islamic law, so it guarantees and opportunities to continue to exist and develop.

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 SUBHAT INCOME OF SHARIA FINANCIAL INSTITUTIONS ACCORDING TO DUAL LAW (Formal and Sharia Law)

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Financial Institutions ◽  
Research Method ◽  
Islamic Law ◽  
Research Data ◽  
Islamic Finance ◽  
Technical Data ◽  
Sharia Law ◽  
Library Research ◽  
The Social ◽  
Social Interests

The research aims to determine the purpose of non-halal funds in the business of Islamic finance, as well as a review of the philosophy of Islamic law. The research method uses descriptive qualitative concepts, types of Risert library research, data collection using primary and secondary, and technical data analysis using the analysis contents method, with a measure of benefit (philosophy of Islamic law). The result is that non-halal funds are any income originating from non-halal businesses (al-Kasbu al-Ghairi al-Masyru'). Use for the benefit of the ummah or the social interests of the community. While the review of Islamic law philosophy of non-halal funds is if the halal funds are more dominant, then all of these funds become halal, if the halal funds are the same or less, then the percentage of illicit funds must be issued. While the remaining funds are lawful, this is because of General al-Balwa, Raf'ul Haraj Wal Hajah al-Ammah, Muro'at Qowa'id al-Katsrah Wa al-Ghalabah and because of the rules about tafriq shafqah (separating halal transactions from those haram). Subhat income according to dual law, halal according to formal and sub-law according to sharia law.

scholarly journals Analisis maslahah dalam millennium development goals

2013 ◽  
Vol 13 (2) ◽  
pp. 141
Author(s):  
N. Oneng Nurul Bariyah ◽  
Siti Rohmah
Keyword(s):  
Maternal Health ◽  
Child Mortality ◽  
Millennium Development Goals ◽  
Islamic Law ◽  
Data Sources ◽  
Equity In Education ◽  
Reduce Child Mortality ◽  
Library Research ◽  
Development Goals ◽  
Universal Values

The analysis of Maslahah in the Millennium Development Goals . This research is a study Maslahah of the Millennium Development Goals (MDGs). The focus of this research is Maslahahof five MDG targets, namely: 1) Reduction of extreme poverty and hunger, Equity in education, 3) Supporting the equation of gender and empowerment of women, 4) Reduce child mortality, 5) Improve maternal health The method of research used qualitative analysis. The data sources of this study is literature, Because this type of research is library research. The results Showed that the millennium goals are maslahah values that have an influence on the maintenance of maqasid al-Shari’ah, namely: to maintain religion, mind, spirit, Ancestry, wealth, lineage. All of this indicates the existence of universal values of Islamic law as rahmatan lil’alamin and suitable for all times and places salih likulli zaman wa makan.

scholarly journals Hifdz Al-Maal dalam Regulasi Rahasia Perbankan

2020 ◽  
Vol 3 (2) ◽  
pp. 217
Author(s):  
Luqman Nurhisam ◽  
Dimas Aprilianto
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Basic Needs ◽  
Legal Problem ◽  
Confidential Information ◽  
Financial Condition ◽  
Library Research ◽  
Bank Secrecy ◽  
The Relationship ◽  
Laws And Regulations

<p class="Default"><em>Bank secrecy refer to secrets in the relationship between a bank and a customer. In accordance with Article 40 paragraph (1) of Law Number 10 Year 1998 concerning Banking, it is stated that banks are required to keep confidential information regarding their depositing customers and their deposits. The research was conducted using the library research method, which looks for normative sources of law by reviewing the laws and regulations that apply or are applied to a particular legal problem. The approach used is the statutory approach, namely the approach taken by examining laws relating to bank secrecy. The purpose of this study is to further examine how Islamic law views the regulation of bank secrecy in Indonesia. The results of this study are related to the maintenance of one of the basic needs elements, namely assets that must be protected (hifdz al-maal), so if other parties ask for an explanation of the financial condition of a customer from a bank, this is not allowed.</em></p>

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