إشكالية الزمن وعوضه في عقدي السلم، والبيع الآجل: دراسة تحليلية وصفية

This paper purposes to discuss the basis for determining compensation in the contract of banking financing through the meanings and intentions which understood and implemented by Senior Muslim scholars in the four Sunni schools in most Muslim countries. There are several elements which must be considered in bank financing contracts, namely, goods, time, capital and time value. According to this perception is that time is the most important elements in the bank financing contracts which causes the issues of riba in the most of bank financing contract. The financing contracts are indeed considered as new kinds of contracts in the banking system. When the principle of sale contracts in Islamic jurisprudence basically represents everything in its meaning, it is inevitable that financing contracts in bank are referred to similar contracts in jurisprudence, and perhaps “salam" contract and deferred contract are the most similar contracts to the bank financing contracts. Therefore, this research is conducted on both contracts basis. In the other hand the most important reasons for divergence of views toward the issues is the elaborating the issues which began from the branch regardless determining the principles, focusing on the types. Therefore this research is attempting to discuss the basis of the rule of the value of time in the financing contracts of bank. The method of this research is to address to the views of Senior Fiqh Scholars of the four Sunni schools of analysis to reach the destinations included. Keywords: Uqud al-Tamwil al-Marafiy, al-Riba, al-Salam, Bay al- Ajil,time value ملخص تهدف هذه الورقة إلى مناقشة أساس تحديد العوض في عقود التمويل المصرفي، من خلال المعاني والمقاصد التي تضمنتها عبارات وتطبيقات الفقهاء الأقدمين في المذاهب السنية الأربعة، باعتبارها المنتشرة في أكثر الدول الإسلامية. في البداية لابد من الإشارة إلى أن المحل في عقود التمويل المصرفي مركب من عدة عناصر نجملها في (السلعة والزمن، ورأس المال وعوض الزمن)، وطبقا لهذا التصور يعدّ الزمن أهم عناصر محل عقود التمويل المصرفي، ومن هنا تثور مسألة الربا في جل عقود التمويل المصرفي حيث أن عقود التمويل المصرفي من مستجدات العصر، ولما كانت قواعد البيوع في الفقه الإسلامي تمثل أساسا لكل ما في معناها، فإنه لا مناص من رد عقود التمويل المصرفي لما يشابهها في الفقه، ولعل عقد السلم، وبيع الآجل أكثر شبهاً لعقود التمويل المصرفي، ولذلك اعتمدها الباحث في بيان أسس وأحكام عقود التمويل المصرفي. وما دفع الباحث لهذا البحث ما تثيره هذه البيوع خاصة، وأعمال المصارف بشكل عام من إشكاليات، ومن أهم أسباب تباعد وجهات النظر حولها، وما يكتنفها من غموض هو البداية من الفرع عند بيان الحكم، وعدم تحديد الأسس، والتركيز على الشكل، ويحاول الباحث في هذه الورقة مناقشة أساس حكم قيمة الزمن في عقود التمويل المصرفي، والمنهج الذي يسير عليه الباحث هو التطرق إلى عبارات الفقه القديم، أي أصول المذاهب السنية الأربعة وتحليلها للوصول إلى المقاصد التي تضمنتها.

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Gold Reserves in Majority Non-Muslim Countries and Muslim Majority Countries

Gorontalo Development Review ◽

10.32662/golder.v4i1.1427 ◽

2021 ◽

Vol 4 (1) ◽

pp. 12

Author(s):

Cliff Kohardinata ◽

Clarissa Rachmadella Roshidawati ◽

Helena Sidharta

Keyword(s):

Research Methodology ◽

Secondary Data ◽

Quantitative Approach ◽

The Other ◽

Muslim Countries ◽

Other Hand ◽

Precautionary Motive ◽

Muslim Majority ◽

Muslim Scholars

This study aims to analyse the priority of gold reserves compared to other reserves between non-Muslim countries with Muslim-majority countries, considering that Muslim scholars often put forward studies on gold or gold reserves, and even become a discourse on using gold as a transactional tool. The research methodology used in this study is a quantitative approach using secondary data. The results of this study indicated that non-Muslim majority countries more considering to use gold based on a reserve motive or precautionary motive for preventing risk. On the other hand, the precautionary motive has no effect on the decision of Muslim majority countries to prioritize gold as a reserve over other reserves.

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MAPPING CONTEMPORARY ISLAMIC JURISPRUDENCE OF MUḤAMMAD SAʻĪD AL-‘ASHMĀWĪ AND MUḤAMMAD SHAḤRŪR

IJISH (International Journal of Islamic Studies and Humanities) ◽

10.26555/ijish.v1i1.132 ◽

2018 ◽

Vol 1 (1) ◽

pp. 32

Author(s):

Yusroh Yusroh ◽

Mohd. Zaki Abd. Rahman

Keyword(s):

The Other ◽

Russian Philosophy ◽

New Approach ◽

Marriage And Divorce ◽

Other Hand ◽

Islamic Jurisprudence

Muḥammad Saʻīd Al-‘Ashmāwī and Muḥammad Shaḥrūr are well known as contemporary Muslim thinkers. This article tries to map their contemporary ideas on Islamic jurisprudence. The main data of this research taken mainly from the works both of Al-‘Ashmāwī and Shaḥrūr. In particular, the paper tries to analyze Al-‘Ashmāwī‘s ideas on sharia, politics, hijab, marriage and divorce. On the other hand, the ideas of Shahrour on al-Qur'an, Sunnah and Fiqh, the theory of borders, pluralism, the commandment, inheritance, hijab, marriage, divorce, dowry, politics, and imamate are also critizised. After analyzing their lives and their ideas on Islamic jurisprudence, the paper found that their social, educational and practical backgrounds have affected their intellectual formations and ideas. Ashmawi is encouraged by diligence and enlightenment and is believed to be enlightened. Shahrour, however, takes a new approach in order to create the ḥudūd theory as a new way. As well as their intellectual background, Ashmawi has a good queen in Arabic, English and French as well as religion, Sharia, jurisprudence and theology. Shahrour is a good queen in Arabic, English, Russian, philosophy, philology and historical language.

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SENI DALAM PERSPEKTIF HADIS NABI: Kajian Ma’ani al-Hadis

Riwayah Jurnal Studi Hadis ◽

10.21043/riwayah.v6i2.7863 ◽

2020 ◽

Vol 6 (2) ◽

pp. 323

Author(s):

Wely Dozan

Keyword(s):

Research Method ◽

The Other ◽

Other Hand ◽

Library Research ◽

Contemporary Context ◽

Muslim Scholars

Seiring lahirnya berbagai pemahaman terhadap hadis-hadis Nabi, pada saat itulah keragaman umat Muslim dalam menyikapi isu-isu tentang seni akan selalu hangat dan tidak pernah usai diperbincangkan dalam pemikiran muslim. Ada yang memandang bahwa seni merupakan suatu hal yang dilarang olah Nabi. Disisi lain, ada yang memandang bahwa seni merupakan salah satu yang dianjurkan oleh Nabi, baik dalam seni musik, seni menggambar, seni melukis, dan seni lainnya. Tujuan penelitian ini akan mengkaji seni dalam sudut pandang ma’ani al-hadis terhadap teks-teks hadis dengan melihat sosio-historis dan implikasinya terhadap Islam. Hal inilah yang harus dibenahi oleh cendekia-cendekia muslim agar hadis-hadis Nabi dimaknai secara objektif dengan tidak meninggalkan teks dan konteks hadis yang disampaikan. Adapun metode penelitian yang digunakan yaitu library research dengan cara mengumpulkan data dalam buku, artikel, jurnal, dan berbagai macam literatur-literatur yang terkait dengan permasalahan yang dikaji untuk menemukan hasil. Hasil penelitian ini melalui kajian ma’ani al-hadis adalah bahwa konsep seni merupakan suatu hal yang dicontohkan oleh Nabi, dan seni pada hakikatnya boleh saja dipraktikkan dalam konteks kekinian yang tidak menunjukkan pada sebuah larangan. Bahkan seni dianjurkan dalam Islam. [Art in the Perspective of Prophetic Hadith: the Study of Ma'ani al-Hadith. Through the emergence of various understandings of the Prophet's traditions, at this time the diversity of Muslims in addressing issues regarding art will always be updated and will never finish being discussed in Muslim thought. There are those who think that art is something that was forbidden by the Prophet. On the other hand, there are those who think that art is one of the things that the Prophet likes, such as music, drawing, painting art, and other arts. The purpose of this research is to examine art from the perspective of ma'ani al-hadith towards hadith texts by looking at the socio-historical and its implications for Islam. This is what Muslim scholars need to fix so that the Prophet's traditions are interpreted objectively without leaving the text and context of the hadiths being conveyed. The research method used is library research by collecting data in books, articles, journals, and various kinds of literature related to the problems being studied to find the results. The result of this research through the study of ma'ani al-hadith is that the concept of art is something that was exemplified by the Prophet, and art in essence may be practiced in a contemporary context that does not indicate a prohibition. Even art is recommended in Islam.]

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ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽

10.51411/rahat.5.1.2021/291 ◽

2021 ◽

pp. 1-13

Author(s):

Dr. Abdul Wadood Abed ◽

Dr. Hedayatullah Modaqiq

Keyword(s):

Islamic Law ◽

The Other ◽

Scientific Development ◽

Spatial Factors ◽

Other Hand ◽

Islamic Jurisprudence ◽

Temporal And Spatial ◽

The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

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ISU ISLAMISASI ILMU PENGETAHUAN DALAM PEMIKIRAN MUHAMMAD MUMTAZ ALI

MA'ALIM: Jurnal Pendidikan Islam ◽

10.21154/maalim.v1i02.2626 ◽

2020 ◽

Vol 1 (02) ◽

Author(s):

Heru Saiful Anwar ◽

Safiruddin Al Baqi

Keyword(s):

Islamic Law ◽

The Other ◽

Western Thought ◽

Other Hand ◽

The One ◽

Muslim Scholars

Muslim scholars or scientists are currently faced with a dilemma of thought and actions in responding to the challenges of the globalization. On the one hand, the onslaught of western thought such as secularism and liberalism is very strong, while on the other hand they must maintain the principles of Islamic law. So that their actions do not come out of Islamic law, it is very important for Muslim scientists to understand the concept of Islamization of Science. The figure who initiated this thought was Prof. Syed Muhammad Naquib al-Attas who then continues until now, one of them is Muhammad Mumtaz Ali. Muhammad Mumtaz Ali's works related to the Islamization of Science emphasize the importance of prioritizing the Islamization of science for Muslim scientists. The spirit of Islamization must continue to be strengthened for the advancement of Muslims. The vision and mission of the Islamization of Science will be difficult to achieve if Muslims are not united to achieve it. All Muslim scientists in various fields of knowledge are expected to understand Islamic law well, so that the knowledge they spread will not conflict with the rules of Allah SWT.

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METODE LIQÂ’ DAN KASHF DALAM PERIWAYATAN HADIS

MUTAWATIR ◽

10.15642/mutawatir.2015.5.2.297-334 ◽

2016 ◽

Vol 5 (2) ◽

pp. 297

Author(s):

Idri Idri

Keyword(s):

The Other ◽

Historical Account ◽

High Ranking ◽

Knowledge Based ◽

Other Hand ◽

The Status ◽

Muslim Scholars

The historical account of hadith literatures clarifies that there are different methods among Muslim scholars in search of the authenticity of hadith. The dispute lies on the variance methods used by hadith and sufi scholars. Sufi scholars tend to have their own methods in establishing the reliability of hadith narration by liqâ’ al-Nabî and kashf. This method suggests that Sufiwith high ranking of spiritualitycould meet Prophet directly by dreams. By this way, Sufi scholar might acquire the original Islamic teachings from Prophet, including hadith. In this, they argue for the authenticity of hadiths narrated by such a way. On the other hand, the methods used by sufi are not accommodated by hadith scholars. It is said that every hadith narrated by dream or kashf is unrecognized and considered as false (mawḍû‘). Addressing these differences, this article tries to examine some problems related to the method of authenticity of hadith narration, the account of hadith on the convergence to the Prophet by dream, kashf as a source of Islamic teaching, the status of mysterious hadiths transmission, and the validation of knowledge based on kashf.

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Studying the Types, Bases and Features of Sale from the Perspective of Islamic Jurists

Propósitos y Representaciones ◽

10.20511/pyr2021.v9nspe3.1156 ◽

2021 ◽

Vol 9 (SPE3) ◽

Author(s):

Morad Jafarzadeh ◽

Seyed Mohsen Razmi ◽

Mohammad Reza Kazemi Golvardi

Keyword(s):

Research Methodology ◽

Point Of View ◽

The Other ◽

View Point ◽

Fixed Price ◽

Other Hand ◽

Islamic Jurisprudence ◽

Different Types ◽

Library Method

Sale is known as one of the most widely used words in Islamic jurisprudence. Islamic jurists have each defined the nature, bases and types of sale as one of the specific and important Islamic contracts. Regarding sale, it should be mentioned that in some definitions, the early Imami jurists considered its nature as the exchange of two properties, while the famous Islamic jurists consider its nature as the demand and acceptance, which makes the object of sale the property of the customer and regards the price as the property of the seller. Another point is that, in the definitions of late and contemporary Imami jurists, there is a kind of semantic alteration in the interpretation of sale. From the view point of Islamic jurists, it seems that the elements of possession and ownership in the sale are concepts with wide conceptual scopes, and this is the superiority and distinction of Imami jurists over other jurists regarding the truth of sale. On the other hand, from the point of view of Islamic jurists, there are different types of sale, the most important of which are strict sale, contractual sale, absent sale, harmful sale, credit sale, general sale, deferred sale, gifted (mohabati) sale, debt sale, Morabahe (a sale based on a fixed price), etc. On the other hand, the bases of sale from the perspective of Islamic jurists are: demand and acceptance, buyer and seller, property sold, and price in the sale contract. Also, the features of sale from the point of view of jurists are: the ownership of the sale, the exchange of the sale, the objectivity of the property, the necessity of the sale contract. The research methodology in this paper is descriptive-analytical using the library method.

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Fikih Pluralisme (Titik Temu Agama-Agama dalam Bingkai Hukum Islam)

AKADEMIKA ◽

10.30736/adk.v14i01.183 ◽

2020 ◽

Vol 14 (01) ◽

Author(s):

Moch. Bachrurrosyady Amrulloh

Keyword(s):

The Other ◽

Other Hand ◽

Islamic Jurisprudence ◽

Nahdlatul Ulama ◽

Pros And Cons ◽

Muslim Communities

Abstract: Not a few Muslim communities in Indonesia reject the concept of pluralism, even the MUI itself has issued a special fatwa on the prohibition of this understanding. They assume that pluralism is against Islam, because there is a tendency to equate Islam with other religions. Pluralism is also widely understood as a form of ideology that seeks to justify all religions. Thus, people can change religion as they wish at any time, like people change clothes. Contemporary era Indonesia also witnessed a polemic around this issue. Misunderstanding of the concept of pluralism has at some level created two poles of Islamic understanding between the pros and cons of this concept. Nahdlatul Ulama’ (NU) and Muhammadiyah were even divided internally in their communities. This article will examine through a review of Islamic jurisprudence (fiqh) related to the meaning and nature of pluralism. This research becomes relevant because in addition to the polemic that still exists in this concept, on the other hand the diverse social realities of Indonesian society, also requires an understanding that needs to prioritize tolerance and respect for differences.Keyword: Islamic Jurisprudence, Pluralism

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Memahami Etika Pendidik dan Peserta Didik (Telaah Pemikiran KH. Hasyim Asy’ari dalam Kitab Adab al-'Alim wa al-Muta'allim )

KUTTAB ◽

10.30736/ktb.v4i1.103 ◽

2020 ◽

Vol 4 (1) ◽

Author(s):

Hepi Ikmal

Keyword(s):

Boarding Schools ◽

Moral Values ◽

The Other ◽

Other Hand ◽

The One ◽

Muslim Scholars

Appreciation for the works written by Muslim thinkers in the archipelago is still considerably apprehensive. In fact, there have been many productive Indonesian ulema (Muslim scholars) inheriting the treasury of scholarship. For that reason, the writer tries to study the thinking of KH Hasyim Asy'ari, more specifically about the ethics of educators and learners that he described in the Adab al-'Alim wa al-Muta'allim. The results showed that learners should be able to apply knowledge in accordance with the unity of so-called amaliah (deeds) that uphold the noble moral values integrally. This understanding is be based on his very sharp emphasis on the ethical field of learners. KH. Hasyim Asy'ari requires learners to be obedient and subject to the advice and instruction of their educators. The most obvious portrait of the dynamics of education that applies this view can be seen from some salafi pesantren (Islamic boarding schools) in Indonesia. On the one hand, this view is less reflective of providing opportunities and appreciation to learners, but on the other hand, this view reflects the KH Hasyim Asy'ari's consistent lines of thought genuinely glorifying scholars. Educators as people who have the scientific capacity should be prioritized than the learners

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Asas Retroaktif pada Kasus Pelanggaran HAM (Perspektif Hukum Islam)

ULUMUNA ◽

10.20414/ujis.v13i1.372 ◽

2009 ◽

Vol 13 (1) ◽

pp. 59-80

Author(s):

Ikhwan Ikhwan

Keyword(s):

Human Rights ◽

Islamic Law ◽

The Other ◽

Special Treatment ◽

Other Hand ◽

The Future ◽

Pros And Cons ◽

Principle Of Legality ◽

Muslim Scholars

The principle of retroactiveness in The Act, Number 26 in 2000 on Human Rights Jurisdiction provokes pros and cons. In one hand, severe violence against human rights is an extra ordinary crime that requires special treatment. On the other hand, retroactive legislation is against the principle of legality. In Islamic law, an act is considered a crime if it is proven by juridical evidences. An act is not considered a crime unless there is punishment for it. Therefore, every juridical decision adheres to the principle of legality that limits the extent of a law just for the future, not retroactive. According to most Muslim scholars, the principle of retroactiveness could be implemented if a new law is more just and humane without breaking the attainment of law ends. Implementation of the principle for severe violence against human rights is not allowed because it does not meet such requirement.

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