scholarly journals مصطلح الحلال في القرآن الكريم: دراسة موضوعية تحليلية

2021 ◽  
Vol 17 (2) ◽  
pp. 74-94
Author(s):  
Bey Zekkoub Abdelali
Keyword(s):  
Analytical Methods ◽  
Islamic Law ◽  
Aquatic Animals ◽  
The People ◽  
Clear Statement

Islamic law permitted and encouraged Muslims to benefit from ḥalāl (permissible) things. Violation of ḥalāl guidance provided in the Qurʾān contradicts with Islamic teachings. The research investigates the terminology of ḥalāl and all its derivatives in the Noble Qurʾān. The study also researches ḥalāl expressions and then extracts its legislative guidances using inductive and deductive analytical methods. The research concludes that the concept of “ḥalāl” with its various derivations is mentioned in the Qurʾān thirty-seven times in several contexts, such as talking about good things, food, fasting, marriage, divorce, inheritance, trade, pilgrimage, sacrifices, hunting, fishing, fatwas, and legislation. Among expressions related to ḥalāl are: expression of there is no sin; expression of there is “no charge a self except its capacity”; expression of ease; and expression of emergency and purity. The ḥalāl verses pointed out that: accepting Allah’s permission related to ḥalāl matters; all matters and issues in Islam are deemed to be ḥalāl unless there is a clear statement that prohibits it; enjoying the space of ḥalāl does not lead to the violation of others right; abstaining from the lawful without a legitimate justification will lead to Allah’s wrath; extravagance in the lawful is a breach to Allah’s rules; only Allah has the full authority for legislation; the permissibility of the sacrifices made by the People of the Book and marrying their chaste women, the permissibility of consuming all animals dwelling on land unless there is a clear statement that prohibits; slaughtering land animals has to be in accordance with Islamic law, the permissibility of consumption of aquatic animals, alive or dead, regardless of the period (whether during pilgrimage or not), etc.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

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.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah
Keyword(s):  
Role Model ◽  
Islamic Law ◽  
Human Life ◽  
Self Esteem ◽  
Substantial Effect ◽  
Public Confidence ◽  
The People ◽  
The Right ◽  
Material Values ◽  
Islamic Society

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals PERANAN KOMUNIKASI DENGAN STAKE HOLDER DALAM MEWUJUDKAN EFEKTIVITAS PENERAPAN HUKUM (Studi Kasus Dalam Pelaksanaan Syariat Islam di Provinsi Aceh)

2018 ◽  
Vol 2 (3) ◽  
Author(s):  
Teuku Ahmad Yani
Keyword(s):  
Organizational Performance ◽  
Agenda Setting ◽  
Islamic Law ◽  
Local Culture ◽  
Local Television ◽  
The People ◽  
Television Broadcasting ◽  
Local Media ◽  
Aceh Province ◽  
Stake Holder

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.

scholarly journals PERUBAHAN STATUS RADIO REPUBLIK INDONESIA DALAM PENGEMBANGAN KAPABILITAS DARI MILIK PEMERINTAH MENJADI MILIK PUBLIK

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Nellis Mardhiah
Keyword(s):  
Organizational Performance ◽  
Agenda Setting ◽  
Islamic Law ◽  
Local Culture ◽  
Image Editing ◽  
Local Television ◽  
The People ◽  
Television Broadcasting ◽  
Local Media ◽  
Aceh Province

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.

scholarly journals SHEIKH YŪSUF AL-MAQASSARY AND HIS REFORM IDEAS IN THE SPREAD OF ISLAM IN GOWA-MAKASSAR IN THE SEVENTEENTH CENTURY

2019 ◽  
Vol 20 (2) ◽  
pp. 184
Author(s):  
Abdul Rasyid Masri
Keyword(s):  
Islamic Law ◽  
Alcoholic Beverages ◽  
Reform Movements ◽  
Main Concept ◽  
South Sulawesi ◽  
Pull Out ◽  
The People ◽  
History Of ◽  
Unity Of God ◽  
Good Leader

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.

scholarly journals Pengaturan Memperoleh Kembali Status Warga Negara Indonesia Bagi ISIS Eks WNI Ditinjau Dari Peraturan Pemerintah Nomor 2 Tahun 2007 dan Konsep Maslahah Mursalah

2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari
Keyword(s):  
Islamic Law ◽  
Citizenship Status ◽  
Material Data ◽  
Unitary State ◽  
Article 9 ◽  
The People ◽  
The Status ◽  
The Republic ◽  
Main Material

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.

scholarly journals Analisis terhadap Larangan Analogi dalam ‎Rancangan Undang-Undang Kitab Undang-Undang ‎Hukum Pidana

2016 ◽  
Vol 2 (2) ◽  
pp. 408-419
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
Draft Bill ◽  
Good Analogy

Abstract: This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.Keywords: Analogy, draft bill, the criminal code. Abstrak: Artikel ini membahas tentang analisis terhadap larangan analogi dalam RUU KUHP. Mayoritas para ahli ilmu hukum menentang analogi. Penulis tidak sepakat dengan larangan menggunakan analogi dalam RUU KUHP, tetapi membenarkan analogi dengan catatan, hakimnya harus kompeten dan berintegritas. Jika hakimnya memang tidak mampu untuk beranalogi, maka ia masih bisa menggunakan interpretasi untuk menemukan hukumnya.   Argumen diperbolehkannya analogi adalah untuk mencari keadilan substansial bagi masyarakat tanpa menyampingkan perlindungan individu, sebab dengan menggunakan analogi kepastian hukum akan tetap terpenuhi. Karena kejahatan, dalam berbagai bentuknya, tetap saja bertentangan dengan kesusilaan meskipun ia tidak tertulis, apalagi jika kejahatan tersebut membawa pengaruh kepada masyarakat luas. Dalam hukum Islam, metode qiyâs yang disusun oleh Imam Syafi’i dalam berijtihad mungkin dapat digunakan sebagai proses analogi yang baik, sebab metode qiyâs ini sudah teruji dengan memproduksi banyak hukum. Kata Kunci: Analogi, Rancangan Perundang-undangan, KUHP.

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