scholarly journals Implementasi Hukum Islam terhadap Jual Beli Garam Di Sumenep

2018 ◽  
Vol 2 (1) ◽  
pp. 13-22
Author(s):  
Hali Makki
Keyword(s):  
Islamic Law ◽  
The People ◽  
The Law

Buying and selling is an activity that existed since immemorial time to the human, both Islamic and non-Islamic, buying and selling has a very binding law, and can be used as a foothold against the people who done agreemnet buying and selling. Something that we need to be considered and understand by sellers and buyers is to see the terms and pillar, as for the law that will be used as a reference that includes one aspect of them: Islamic law are a requirement and rukun buying and selling existing in the goods. The practice of buying and selling of salt at Alasmalang Village, Ra'as Sub-District of Sumenep Regency is valid because it is in accordance with the rules of sale and legal of Islam.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

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

scholarly journals Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman

rahatulquloob ◽  
2020 ◽  
pp. 01-12
Author(s):  
Dr. Hafiz Muhammad Siddique ◽  
Dr. Muhammad Atif Aslam
Keyword(s):  
Islamic Law ◽  
Primary Objective ◽  
Primary Sources ◽  
Specific Reference ◽  
Legal Provisions ◽  
The People ◽  
Administration Of Justice ◽  
The Law ◽  
Law Of Evidence

The subject matter of any case contains many facts proved by anyone of the parties to have a decision in his favour from a court of law. The primary objective of the law of evidence is to prescribe the rules to prove the facts of the case assisting the court of law in any case. The Law of Evidence forms a foundation for administration of justice in every legal system. This is considered a system of rules for disputed questions of fact in judicial inquiries. This law determines and helps to enforce the liability or grant aright on the basis of facts presented in the court of law. Islamic Law of Evidence is manifest due to the Islamic System of administration of justice and it rules are framed by the Law giver on the basis of primary sources of Islamic Law whereas the rules of other evidence law are made by the people. The current paper discusses the process of Islamization in Islamic Republic of Pakistan. It focuses on the Law of Evidence that how it is Islamized. It also highlights the specific legal provisions of Pakistani Law of Evidence were Islamized and indicates the role of some other constitutional institutions of Pakistan in Islamization of Law of Evidence. 

scholarly journals Kaidah Fiqh dan Ushul Fiqh Tentang Produk Halal, Metode Istinbath dan Ijtihad dalam Menetapkan Hukum Produk Halal

2018 ◽  
Vol 20 (2) ◽  
pp. 241
Author(s):  
Ratna Wijayanti ◽  
M Meftahudin
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
The People ◽  
Legal Thinking ◽  
Legal Arguments ◽  
The Law

<p>The purpose of the discovery of Islamic law must be understood by the mujtahid in order to develop legal thinking in Islam in general and answer contemporary legal issues whose cases are not explicitly regulated by the Koran and Hadith, especially those related to the field of muamalah. In reviewing the matter to be determined by law, the Indonesian Ulema Council Fatwa Commission is based on the Qur'an and Sunnah as its main source. In this context, there are several methods used by the Indonesian Ulema Council Fatwa Commission. First, every Fatwa Decree must have a basis on the Book of Allah and the Sunnah of the Apostle that is not bad, and not contrary to the benefit of the people. Second, if it is not found in the Book of Allah and the Sunnah of the Apostles, the Fatwa Decree should not contradict ijma ', qiyas that mu'tabar, and other legal arguments, such as ihtisan, maslahah mursalah, and saddu al-dzari'ah. Third, before making a decision before deciding on a fatwa, it must first be carefully studied for each problem presented to the MUI at least a week before the trial. If the problem is clear the law (qath'iy) let the commission convey it as it is, and the fatwa will fall after the text is known from the Koran and the Sunnah. Whereas in the case of khilafiyah occurring among the schools of thought, what is stated is the result of tarjih after observing the jurisprudence of muqaran (comparison) using the rules of ushul fiqh muqaran related to scholarship.</p>

scholarly journals PELAKSANAAN PRODUKSI PRODUK HALAL FOOD MENGGUNAKAN AKAD KERJASAMA DI TINJAU DARI PRINSIP TABADUL AL-MANAFI DAN AN’TARADHIN

2021 ◽  
Vol 3 (1) ◽  
pp. 10-24
Author(s):  
Neni Hardiati ◽  
Atang Abdul Hakim
Keyword(s):  
Islamic Law ◽  
Economic Activities ◽  
Literature Study ◽  
Cooperation Agreement ◽  
Philosophical Foundations ◽  
The People ◽  
Halal Food ◽  
The Law ◽  
Islamic Economic ◽  
Islamic Values

Cooperation agreement in the principles of Tabadul al-manafi and An'taradhin is very effectively applied. For this is evident from the fundamentals of the law. This principle is aqidah, shari'ah and morals. This economic system is based on Islamic values, namely equality, usefulness, balance, kindness and universality (rahmat li al-aalmin), so that the people of Indonesia in the future experience improved economic welfare on the basis of sharia principles. According to thrifty authors that the cooperation agreement has the benefit to be applied to the actors of the production of halal food products.  The source of the law that underlies all economic activities, and other philosophical foundations of Islamic law that form the basis in developing the Islamic economy anywhere and in any form, and should not be out of the sharia corridor. Benefit is the main objective in Islamic economic activities and avoids all forms of normality. Through this paper by qualitative research method, with normative juridical approach through literature study. So that with this method can be excavated filosifis values in the development of Islamic economy in the field of halal product production.

scholarly journals The Principles Of The Farewell Pilgrimage Sermon Are The Basis Of The Objectives Of (Al-Sharia) Islamic Law

2021 ◽  
Vol 58 (1) ◽  
pp. 2936-2952
Author(s):  
Mohammad Ibrahim Abu Jraiban
Keyword(s):  
Islamic Law ◽  
The People ◽  
Moral Standards ◽  
Human Happiness ◽  
The Law ◽  
Goals And Objectives

It became clear to us that what is meant by the knowledge of “the objectives of the law” is that knowledge leading to the knowledge of the goals, meanings and purposes of the provisions of the texts of Sharia, which the wise law has observed, including the legal rulings that achieve the interests of the people. Because the scholars rolled up and circled the depths of the texts, and dealt with research and analysis, and guided to realize its essence. Some of them called it the term objectives and some of them dealt with the term virtues and psychological ailments, and what follow from that of the meanings that indicate chastity and transcendence. Within this section, the sermon came to the farewell pilgrimage, to serve as a general declaration to humanity of the rulings it included, the circumstances and conditions that he wore, and the lofty faults and meanings that resulted from them. They have become human rules and moral standards. It is seen by everyone who aims to achieve good and human happiness. The significance of that prophetic sermon also lies in its complete consideration of the goals and objectives of the various Sharia, with its focus on caring for and achieving the most important of those objectives. It is necessary from them.

scholarly journals Komparasi Hukuman Pidana Masyarakat Pinggiran dalam Perspektif Hukum Positif dan Hukum Islam

2019 ◽  
Vol 5 (1) ◽  
pp. 1-27
Author(s):  
Al Juraimy
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Criminal Cases ◽  
The People ◽  
Displaced Children ◽  
The Law

Abstract Islamic law strongly holds the principles of fairness in deciding a case. As the author described above that the person who stole because of compulsion or for fulfilling his life there is no punishment for him. Because the above cases are small cases that befall the people whose notables are not economically capable. Then what should be done to those fringe peoples? In the context of Islam, if they can not meet the daily needs (needs to eat or continue to live) then they will be dependent on the Baitul Maal or other languages that are responsible for themselves by following article 34 UUD 45 is poor and the displaced children are maintained by the state. This article will present a point of view on some criminal cases above from two different laws, namely Islamic law and the law in Indonesia.    

scholarly journals STATUS ANAK NIKAH SIRI ( PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIP )

2018 ◽  
Vol 7 (1) ◽  
Author(s):  
- - Musfira
Keyword(s):  
Islamic Law ◽  
Child Rights ◽  
The People ◽  
Religion And Law ◽  
Parental Female ◽  
The Law

Marriage is something sacred act, meaningful worship to Allah SWT, following the sunnah of the Prophet and done with conscious and sincerity. Siri marriages very existence from time to time which basically aims to keep the wedding so that there are certain parties who are not known to the nuptials. Meaning of siri marriage meaning of the context of Islamic teachings therein are substantively wedding deficiencies terms and harmonious marriage although secara formal met. Series called marriage because marriage was held in secret, closed, secretive and furtive without any publicity. Even appearancesiri marriages increasingly prevalent done for a reason, without a guardian of women and even without witness and without parental female consent. a marriage is parties like this are not legitimate religion let alone legally State, Even though in practice there are many people who still distinguish where the wedding according to Islamic law and where the marriage according to the legal terms used by the people of Indonesia. Siri marriage is a marriage that makes the vagueness of the law in Indonesia is because the loss of my wife and child rights. Marriages must be justified by religion and law are positive, for the sake of administrative order and kemashlahatan people.

scholarly journals ANALISIS PEMIKIRAN MUSDAH MULIA TENTANG WALI NIKAH DAN RELEVANSINYA TERHADAP PEMBARUAN HUKUM KELUARGA DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 52
Author(s):  
Siti Hafshah Syahanti ◽  
Arsal Arsal ◽  
Edi Rosman
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Social Benefit ◽  
Legal Regulation ◽  
Substantial Portion ◽  
The People ◽  
Islamic Thought ◽  
Muslim Intellectuals ◽  
The Law ◽  
Legal Condition

<p><em>The discussion of marriage guardian is one of the pillars that must exist in a marriage, illegitimate marriage without the presence of a guardian. The Compilation of Islamic Law (KHI) as the law governing Muslim marriages in Indonesia requires guardians as a legal condition of marriage (articles 14 and 19). However, on the other hand, one of the Muslim intellectuals, Siti Musdah Mulia, stated an opposing idea, that guardians are not included in the pillars of marriage. The results showed that the Musdah Mulia thinking generally led to the typology of liberal Islamic thought. Specifically on the issue of the absence of guardians in marriage, Musdah's opinions are not too contrary to the text; Musdah's attention to gender places a substantial portion in establishing the law; and the Musdah idea is not only channeled in the form of thought alone but also poured into the form of a legal regulation draft (CLD-KHI) so that the law applies comprehensively and can be applied clearly and can achieve justice and social benefit in the midst of the people. Then based on this, a specific typology of Musdah Mulia's thought was obtained about the absence of guardians in the marriage harmony leading to progressive Islamic thought. And Musdah Mulia's ideas about the lack of marriage guardians have sufficient relevance to the renewal of Islamic family law in Indonesia.</em></p>

scholarly journals Pemikiran Abdul Qadim Zallum tentang Majelis Umat dan Dewan Perwakilan Rakyat di Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 443-466
Author(s):  
M. Syamsul Arifin
Keyword(s):  
Islamic Law ◽  
The State ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Right

Abstract: This article describes the conception of Majelis Umat according to Abdul Qadim Zallum and conception of the DPR under the Constitution of 1945. In Abdul Qadim Zallum’s thought, the conception of Majelis Umat and the DPR basically is a representative of the people in each form of the state, but in conception of Majelis Umat the representativeness of race is limited, such as in the establishment of the law, a people representative of the non-Muslims can’t contribute to the perfection of the law because they are not representative for analizyng Islamic law, so is the Majelis Umat in his opinion (most votes) is not binding for the Caliph, with other words Majelis Umat don’t have any authority in law as having law is God. In the conception of DPR, any issues relating to the welfare of the people being their authority, certainly not without the approval of the President as the leader of the government. So the differences that really stands out is the authority of the Majelis Umat who are severely restricted by the Caliph and shari'ah law itself. While in DPR based on the Constitution of 1945, as long as not contrary to the basis of the country, DPR has the right to request the approval of the President.Keywords: Majelis Umat, the conception, DPR, Abdul Qadim Zallum

Slavery, Islam and the Jakhanke people of West Africa

Africa ◽  
1976 ◽  
Vol 46 (1) ◽  
pp. 80-97 ◽  
Author(s):  
L. O. Sanneh
Keyword(s):  
West Africa ◽  
Islamic Law ◽  
Necessary Conditions ◽  
Original Condition ◽  
Panoramic View ◽  
Social Foundations ◽  
The People ◽  
The Law ◽  
Opening Paragraph ◽  
Cogent Statement

Opening ParagraphIslam did not originate the idea or the practice of slavery, but it does admit, and in certain specific instances it enacts, the institution of slavery and establishes it upon firm legal and social foundations. The Sharī'ah, i.e. Islamic Law, takes a panoramic view of slavery in human societies and arrives at a cogent statement of slavery as a state endorsed by Divine Law. According to the legal authorities, the original condition of the race of Adam is freedom, but for their security one of two things is necessary: the religion of Islam, or the protection of the Muslim territory. This protection can be obtained by non-Muslims only on the condition of submission and since it is the duty of all men to embrace Islam this submission is incumbent on all non-Muslims. It is implied by this that non-Muslims (but not necessarily the ‘people of the book’, ahl al-kitāb) may have a state of war declared upon them by Muslims, and in the ensuing conflict captives may be taken. In the eyes of the Law unsubmitting non-Muslims are regarded as enemies (ḥurūb) living in dār al-ḥarb, i.e. the abode of warfare. They are judged to have refused the necessary conditions of freedom, i.e. submission to Islam or protection of the Muslim territory (dār al-Islām), and consequently they have forfeited the protection which would have secured for them the original freedom of the race of Adam.

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