APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Islamic Banking ◽  
Library Research ◽  
Human Labor ◽  
Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

scholarly journals Pergaulan dalam Pertunangan dan Khalwat fi Ma’na al-Haml: Studi Budaya Pertunangan di Daerah Madura

2019 ◽  
Vol 6 (1) ◽  
pp. 35-55
Author(s):  
Abdur Rakib
Keyword(s):  
Social Movements ◽  
Empirical Data ◽  
Islamic Law ◽  
Family System ◽  
Field Research ◽  
Research Field ◽  
Qualitative Approach ◽  
Statistical Procedures ◽  
Library Research ◽  
Culture History

This research basically is to find the position of ‘urf as one of the theories that can provide legal changes in an authoritative-inclusive way to fiqh in the word khalwat in the definitive aspects of syar'iyyah in relation to culture of riding with fiancees in the Madura area. As an external consideration in cultural studies, ‘urf is one of the continuous theories with the discussion of adat to determine law in an authoritative-inclusive manner. In this study using a type of field research (field research) because it involves empirical data that views law as a set of behaviors, actions, and reality. In addition, also library research (library research) to obtain data about a norm while reviewing theories with a qualitative approach because it cannot be obtained by mathematical or numerical statistical procedures, so that it can contain about people's lives (culture), history, ethics, social movements , or family system. From the process of analyzing the meaning of khalwat using the theory of ma'na al-haml with the consideration of 'urf in which there are several elements of maslahat, this study concludes that' urf can change the position of Islamic law by combining consideration of several conditions through the process of changing meaning used in redefining the word khalwat. So as to enable culture to be engaged during the engagement period as happened in the Sumenep and Madura communities in general as a consideration of ‘valid urf. Keywords: Relationship in Engagement, ‘Urf, and Madura.

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals Peranan Kepala Desa Dalam Pelaksanaan Pembangunan Ditinjau Dari Fiqh Siyasah dan UU Desa No. 6 Tahun 2014

2020 ◽  
Vol 5 (2) ◽  
pp. 91
Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin
Keyword(s):  
Community Participation ◽  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Library Research ◽  
Head Of Government ◽  
The Village

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.

scholarly journals Analisis Potensi Ketersediaan Tanaman Bambu dan Pemasaran Kerajinan Bambu di Desa Kayubihi Kecamatan Bangli Kabupaten Bangli

2018 ◽  
pp. 405
Author(s):  
AYU RATIH PRATIWI ◽  
I NYOMAN GEDE USTRIYANA ◽  
A.A.A WULANDIRA SAWITRI DJELANTIK
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Marketing Channel ◽  
Research Field ◽  
Marketing Channels ◽  
Profit Margin ◽  
Primary Data ◽  
Library Research ◽  
Marketing Analysis ◽  
Potential Availability

The Potential Analysis Availability Of Bamboo Plants and The Marketing ofBamboos Product at Kayubihi Village, Bangli Distric, Bangli Regency. Analysis of the potential availability of bamboo plants in Kayubihi Village, BangliSubdistrict, Bangli Regency is divided into two analyzes, namely the analysis ofpotential availability and marketing analysis. Analysis of potential availability to knowthe potency of bamboo found in Kayubihi Village while for marketing seen marketingchannel, marketing margin, and profit margin with the election of three main productsproduced by Kayubihi Village. Types of data used in this study are qualitative data andquantitative data and data sources obtained from primary data and secondary data. Datacollection methods used there are three namely Library research, field research andstudy literature. The population in this study were 50 bamboo farmers who were alsobamboo craftsmen. Data analysis was done descriptively quantitative and qualitativedescriptive. The results showed that the analysis of potential availability with five typesof bamboo plants is under 200 clumps/ha which means not yet potential. Bamboo isprocessed into handicrafts and marketed for marketing the main products are sokasi,cakes basket, and coocked rice basked. Each product has three marketing channels. Themost profit margin obtained in each marketing channel is at producer level. The shortestmarketing margin in each channel because it is directly to the consumer.

Peran Kepala Desa Dalam Pelaksanaan Pembangunan Menurut Undang-Undang Desa dan Fiqh Siyasah; Studi Kasus Desa Mekarjati Kecamatan Haurgeulis Kabupaten Indramayu

2021 ◽  
Vol 3 (1) ◽  
pp. 27-40
Author(s):  
Susanto Susanto ◽  
Abdur Rahim
Keyword(s):  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Security Systems ◽  
Library Research ◽  
Village Government ◽  
The Village

The performance of a village head as head of village government must be able to carry out its main duties, namely leading and coordinating the village administration in implementing village development. The role of the village head is one aspect that stands out and affects the success of village development. The village head is assisted by village officials, as an element of village government administration. The formulation of the problem in this research is "What is the Role of the Village Head in the Implementation of Development in Mekarjati Village, Haurgeulis Subdistrict, Indramayu Regency" and "How the Siyasah Fiqh Review and the Village Law on the Role of the Village Head in Implementing Development in Mekarjati Village". The purpose of this research is "To know the role of the village head in the implementation of village development, and" to know the Siyasah Fiqh Overview of the role of the village head in the implementation of village development." This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data originating from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research. Based on the research results, it can be concluded that the role of the Mekarjati Village Head, in the implementation of village development in general, there are still some that are not optimal. It can be seen that there are still some developments that have not been carried out optimally, such as the development of education and environmental security systems (Siskamling).Keywords: Role, Village Head, Implementation, Development, Village Law, Fiqh Siyasah

scholarly journals PERANAN CAHAYA PEREMPUAN WOMEN’S CRISIS CENTRE (WCC) BENGKULU DALAM MENANGANI KASUS KDRT PERSPEKTIF HUKUM ISLAM DAN UU NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KDRT

Nuansa ◽  
2018 ◽  
Vol 11 (2) ◽  
Author(s):  
Eli Rahmidiani
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Legal Assistance ◽  
Power Structures ◽  
Cultural Assumptions ◽  
Library Research

The purpose of this study is to find out how the role of women’s women’s crisis center Bengkulu in handling cases of domestic violence in the perspective of Islamic Law and  Law Number twenty  three Year two four About Aboli- tion of Domestic Violence. This type of research is field research (field research) supported by library  research (library research). From  the  result  of this research, it is concluded that  the  role of women’s crisis center Bengkulu women in handling cases  of domestic violence in collaboration with legal aid institutions, medical, police,  and  courts, this  co- operation is called  case-handling network in an effort to reach cases  of domestic violence and  sexual  violence can be handled and  facilitated by victims  such  as safe houses, counseling rooms, to share stories and  facilities  in the form of legal assistance and handling in a familial manner while reducing the number of sexual violence handled by prevention programs. Analysis of Islamic law against domestic violence that in Al-Qur’an Surah  An-Nisa ‘verse thirty-four explains that a husband should not immediately hurt  his wife with a painful blow. Since Islam does not teach such a thing, there have been good and  right rules when the husband is facing such  problems. Although beating the wife is justified in Is- lam, it is hitting that does not hurt the wife and with educational intentions. Analysis of Law Number Twenty-three Years Two Thousand Four  About Abolition of Domestic Violence  is able  to avoid  family violence, when disharmony occurs between husband and wife. More broadly, it is necessary to have fundamental changes in women’s status and attitudes toward both women and men  in society,  the need for continuous and strategic efforts to deconstruct traditional power structures that have been considered legitimate and deconstruct cultural assumptions and religions that strengthen and legitimize violence

scholarly journals EFFECT OF TYPE OF LEADERSHIP, MOTIVATION OF WORK AND EDUCATION TO PERFORMANCE WORK IN KOREM 031 / WIRA BIMA PEKANBARU

2019 ◽  
Author(s):  
Agussalim
Keyword(s):  
Work Motivation ◽  
Linear Regression Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Working Environment ◽  
Path Coefficient ◽  
Improve Performance ◽  
Quantitative Research Methods ◽  
Library Research

Korem 031 / WB is a Strategic Sub compartment directly under the I / BB command. In theexecution of his duties assisted by the agency in Pekanbaru. In carrying out his duties fully responsible to Kodam I / BB located in Medan. The purpose of this study is to know the Influence of Leadership Types, Work Motivation and Education to Soldiers Performance at Korem 031 / Wirabima Pekanbaru. The type of research is quantitative. Research methods are as follows Field Research (Field Research) and Library Research (Library Research). The types and sources of data are primary and secondary data. The population of this study is all Soldiers at Korem 031 / Wirabima Pekanbaru as many as 177 people. The sample to be targeted didala this research amounted to 56 people Soldiers at orem 031 / Wirabima Pekanbaru. The data analysis used is multiple linear regression analysis. Based on these findings the variables of leadership, work motivation and education have a significant effect on the performance of soldiers at Korem 031 / Wirabima Pekanbaru. Types of leadership, work motivation have a direct effect on performance due to the path coefficient is significant, so also the type of leadership and motivation through education influence directly to the performance of the coefficient of the path significantly (<0.05). Leadership in Korem031 / Wirabima Pekanbaru is expected to provide motivation or encouragement to subordinate aga rlebih giat in working in an effort to improve performance. Leadership is expected to pay attention to subordinates in work and a conducive working environment and the relationship between superiors and subordinates harmoniously improve performance with efficient results and selective according to the expectations of Korem 031 / Wira Bima Pekanbaru unit.

scholarly journals Property toward Husband Doesn't Provide Children and Wife in the Overview of the Compilation of Islamic Law

2021 ◽  
Vol 2 (3) ◽  
pp. 225-235
Author(s):  
Suenta Karina Siregar ◽  
Utary Maharani Barus ◽  
Yezrizawati ◽  
Idha Aprilyana Sembiring
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Applicable Law ◽  
Library Research ◽  
The Republic ◽  
The One ◽  
Joint Property

The study was conducted to find out Compilation of Islamic Law governing the distribution of joint property, the application of the principle of partnership and the legal considerations of judges in the Supreme Court Decision of the Republic of Indonesia on Case Number 266K/AG/2010 in terms of the Compilation of Islamic Law against husband doesn’t provide for his children and his wife. This research uses normative juridical research methods that use secondary data consisting of primary, secondary, and tertiary legal materials with descriptive analysis and data collection tools are carried out by library research supported by data obtained through field research at Bantul Religious Courts. The results of this research is known that the regulation regarding the distribution of joint property to husbands who do not provide for their children and wives is not detailed in the Compilation of Islamic Law. This partnership causes the position of husband and wife to be the same in some respects, in other respects to be different, the husband becomes the head of the family, the wife becomes the head in charge of household regulation, each has a role, position, rights, obligations, and responsibilities, all of which complement and perfect each other, every role has rights and every position has obligations, whoever has more obligations or who bears greater obligations, he is the one who has more rights than the others. The judge to resolve the conflict must be able to resolve it objectively based on the applicable law, determine the facts in the trial including the relevant facts and the choice of which legal rules will be used as the basis for resolving the case.

scholarly journals KONSEP MAQASHID SYARIAH DALAM PENGEMBANGAN PRODUK LEMBAGA KEUANGAN ISLAM

2020 ◽  
Vol 2 (2) ◽  
pp. 120-133
Author(s):  
Husni Kamal ◽  
Arinal Rahmati
Keyword(s):  
Product Development ◽  
New Product Development ◽  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
New Product ◽  
Islamic Banking ◽  
Teaching Principles ◽  
Innovative Products

Islamic law has been stipulated by Allah is for human advantage, both in worldly life and in the hereafter. In order to prove that Islamic economics remains relevant whenever and  wherever the objectives of maqashid shariah is needed to be implemented for creating  innovative products. By doing so, shariah financial institutions are able to compete with the conventional,  and at the same time they stay true to Islamic teaching principles. This article aims firstly to examine the concept of maqashid shariah on new product development of Islamic financial institution, and secondly to explore the suitability of shariah banking product with the principles of maqashid shariah. In nature, the purpose of the implementation of Shariah transactional system is for seeking human benefit both in this life and hereafter. Hence, the concept of maqashid shariah should be able to be integrated into Shari’ah banking so that its products can be hopefully broader. In short, through maqashid shariah, it creates   innovative products of shariah financial institutions.   Keyword: Maqashid Shariah, Islamic Financial, Islamic Banking.     Abstrak Setiap hukum yang ditetapkan Allah kepada ummatnya terdapat kemashlahatan baik didunia maupun di akhirat, untuk menjawab bahwa ekonomi Islam sesuai dengan kondisi zaman maka maqashid syariah sangat diperlukan untuk menciptakan produk yang inovatif sehingga lembaga keuangan syariah bisa bersaing dengan produk lembaga keuangan konvensional dan tidak bertentangan dengan prisnsip-prinsip Islam. Artikel ini bertujuan untuk mengkaji konsep maqashid syariah dalam pengembangan  produk lembaga keuangan islam, secara khusus, artikel ini juga melihat kesesuaian produk yang ditawarkan oleh perbankan syariah agar sesuai dengan konsep yang telah dituangkan dalam maqashid syariah, karena pada hakikatnya melakukan transaksi dengan sistem syariah bukan saja mencari keuntungan di dunia saja, namun juga untuk mencapai maslahah dunia akhirat, oleh karena itu, konsep maqashid syariah harus mampu di integrasikan kedalam perbankan syariah agar produk yang dihasilkan tidak kaku dan sempit sehingga terhambat terhadap perkembangan lembaga keuangan syariah. harapannya, dengan memahami konsep maqashid syariah maka diharapkan bisa menciptakan produk-produk inovatif di lembaga keuangan syariah.   Kata kunci: Maqashid Syariah, Keuangan Islam, Bank Syariah

scholarly journals ANALISIS PERENCANAAN POLA PENANGANAN PERMUKIMAN KUMUH DI KAWASAN SINDULANG SATU, KECAMATAN TUMINTING, KOTA MANADO

2017 ◽  
Vol 13 (1A) ◽  
pp. 101
Author(s):  
Deysi ., Kaseke ◽  
Carolina B.D. Pakasi ◽  
Charles R. Ngangi
Keyword(s):  
Research Methods ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Wastewater Management ◽  
Urban Village ◽  
Library Research ◽  
The City

This study aims to (1) identify the level of untidiness of setllement area in Sindulang Satu Urban Village based on identification of slum conditions (physical), other considerations and legality of land at the site, (2) analyze the pattern of handling the slums and choose the appropriate pattern to be applied to the region. Region slums in the city of Manado North Sulawesi selected as the study area. Limitation of the study area is determined on a region-located strategically Sindulang One area that affects the tourism sector as well as residential typology which is a blend of rolling hills and waterfront settlements (DAS Tondano) and the beach (Boulevard Phase II). The research was conducted for 2 (two) months from the month of January 2017 to February 2017. Methods of data collection is done by the method of field research (Field Research Methods) as well as with library research methods (Library Research Methode). The data used in this research is the primary data collected and processed its own form of existing data found in the object of research is the identification of space utilization, status of ownership of land and buildings, state of the infrastructure and facilities of existing settlements. In addition, also used secondary data is data obtained from other parties or data that are processed or published by various government agencies (Kotaku. 2016). The variables used in this study is the data on the observation of research sites, including the identification of the condition of untidiness / physical, identification of other considerations and identification of the legality of the land, as follows: (1) The condition of the building, (2) The condition of roads, with criteria ie the coverage of the environment and the quality of the road surface environment, (3) the condition of water supply, (4) the condition of drainage environment, (5) Condition wastewater management, (6) Conditions waste management, (7) the condition of fire protection, (8) another consideration, (9) The legality of land. The analysis was performed with regard to the object of analysis and interpretation of the data description of the physical condition, other considerations and the legality of land obtained in the field / location of research and literature review, then associated with a pattern appropriate treatment to be applied to an area of research. The analysis was performed using analysis techniques Formula Rate location based on the Minister of Public Works and Public Housing No. 02 / PRT / M / 2016 on Improving the Quality of the Slum Housing and Slum (Anon. 2016). Then the pattern of treatment in improving the quality of slum area carried out in accordance with Law No. 1 of 2011 Article 97 (Anonymous, 2011), through (1) The restoration; (2) Rejuvenation; or (3) Resettlement. Handling practices followed by management to maintain the quality of housing and settlements. The research showed that (1) the area of Sindulang One Urban Village is one area of slums in the city of Manado with typologies / characteristics of settlements in the hills, plains and the waters edge (DAS Tondano and the waterfront) is based on the identification of the condition of untidiness, other considerations and the legality of land categorized as slum heavy that its existence is affecting the level of the city of Manado in general untidiness, therefore, this area can be prioritized to be one of the priority areas in the handling of the slums. The pattern of treatment that can be done to do that is the rejuvenation of the city with alternative land sharing to maximize the feasibility of the location to the fulfillment of environmental facilities and public facilities on land that is legal, and the land consolidation which is a pattern of development that is based on the wisdom of setting land ownership to improve the quality of life and maintenance resources natural as well as maximizing the strategic location of the region.

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