scholarly journals APLIKASI KONSEP DAN KAIDAH ISTISHHÂB DALAM HUKUM EKONOMI SYARIAH

2021 ◽  
Vol 15 (2) ◽  
pp. 301-324
Author(s):  
Panji Adam Agus Putra
Keyword(s):  
Basic Principle ◽  
Economic Law ◽  
Business Profit

The scholars agree that the agreed upon sources of law in Islamic teachings are the Qur'an and the Sunnah. However, they have different opinions regarding ra'yu or logic in terms of being a source of law. One form of ra'yu disputed by scholars in the study of ushul fiqh is istishhâb. Simply put, istishab is the persistence of something as long as nothing else changes it. The purpose of this study was to determine the rules of fiqh related to istishhâb as well as the application and implementation of the concept and rules of istishhâb in sharia economic law. The results of the study indicate that the concept of istishhâb is based on the basic principle of belief which reads as al-yaqȋn lâ yuzâl bi al-syak” which means that belief cannot be dispelled because of doubt. The application of istishhâb concepts and rules in the field of sharia economic law is implemented in, first, debt-receivable disputes; second, the allegation of recording on the object of the sale-purchase contract; third, business profit reports; and fourth, the validity of multiple contracts (al-'uqȗd al-murakkabah).

Tasks of computer graphics under conditions of fundamentalization of preparation of an informatics teacher

2020 ◽  
pp. 57-63
Author(s):  
Ye. Yi. Bidaibekov ◽  
V. V. Grinshkun ◽  
S. N. Koneva
Keyword(s):  
Computer Graphics ◽  
Basic Principle ◽  
Fundamental Component ◽  
The Future ◽  
Scope Of Application ◽  
Education Training ◽  
Mathematical Foundations

The article deals with computer graphics tasks related to the activities of the future informatics teacher in conditions of fundamentalization of education. Training of future informatics teachers in the context of the fundamentalization of education requires them to know the range of tasks related to computer graphics and the skills to solve them. In order to enhance the fundamental component of computer graphics, methods are proposed that rely on interprandial communications, as well as on in-depth training of computer graphics. In the course of reasoning, the authors come to the conclusion that the content of computer graphics should be enriched with mathematical foundations of computer graphics and as a result update the content of the computer graphics course with machine graphics algorithms. The basic principle of selecting the content of the course offered is the principle of the fundamentalization of education. Since the scope of application of computer graphics is extensive, in our opinion, the system of tasks and tasks on computer graphics is the most interesting. A feature of this system is the orientation towards solving fundamental problems of computer graphics. It was also revealed during the study that it is possible to reduce the tasks of the proposed system to a certain sequence of stages. The application of stages for a certain type of tasks affects the methods of solving them. Thus, the fundamental training of future informatics teachers in computer graphics requires them to know these stages and methods of solving fundamental computer graphics tasks.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 191-210
Author(s):  
Addiarrahman Addiarrahman ◽  
Illy Yanti
Keyword(s):  
Focus Group ◽  
Focus Group Discussions ◽  
Group Discussions ◽  
Business World ◽  
Key Informants ◽  
The Public ◽  
Financial Products ◽  
Legal Consideration ◽  
Economic Law ◽  
Islamic Economic

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inān contract only in a forced state (ḍarurah).

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

MAKSIMASI KEUNTUNGAN USAHA PUKAT CINCIN DI NEGERI LATUHALAT PADA MUSIM TIMUR

2018 ◽  
Vol 2 (1) ◽  
pp. 22-32
Author(s):  
Willem Talakua ◽  
Eygner Gerald Talakua
Keyword(s):  
Linear Programming ◽  
Production Factors ◽  
Maximum Profit ◽  
Analysis Methods ◽  
Profit Analysis ◽  
Business Profit ◽  
Programming Analysis

The purpose of this study is to study the maximization of business profits through the determination of the optimal use of production factors in the trawl ring business in Latuhalat. Observations and direct interviews based on questionnaires were carried out on 3 fishermen who owned trawl ring businesses in 3 hamlets in Latuhalat. Data were analyzed using business profit analysis methods and linear programming analysis. The results showed that: 1). The optimal use of production factors for trawling by the respondents in Latuhalat is 41 - 45 trips in June using 15.2 - 21.1 liters of gasoline, 280.9 - 304.4 liters of gasoline, 10.1 - 21 , 2 liters of oil, using labor as much as 15-17 people for 8 hours / day, and using transportation and FAD services as much as 351.3 - 360 HOK or 8 hours per day; and 2). The maximum profit that can be obtained from trawling rings by respondents in Latuhalat is Rp. 165,545,500 - up to Rp. 184,800,000, - in June. To achieve this maximum profit, respondents need to produce 25,270.3 kg of fish to 27,540.98 kg in June.

KEUNTUNGAN DAN RISIKO USAHA MINI PURSE SEINE DI DESA SATHEAN

2017 ◽  
Vol 1 (2) ◽  
pp. 49-57
Author(s):  
Frischilla Pentury ◽  
Eygner Gerald Talakua ◽  
Tati Ngangun
Keyword(s):  
Business Owners ◽  
Purse Seine ◽  
Primary Data ◽  
Business Risk ◽  
New Paradigm ◽  
Risk Calculation ◽  
Business Sustainability ◽  
Profit Analysis ◽  
Business Profit ◽  
The Relationship

The low profits of mini purse seine in Sathean Village will have an impact on the business risks being carried out. The new paradigm states that the relationship between risk and profit levels is quadratic; too much risk can lead to the loss and even destruction of a business. Thus, the fisherman of mini purse seine business owners in Sathean Village needs to manage their business risk well to achieve optimum profit for business sustainability. This study aims to assess business profits and business risks. Primary data was collected on 6 fisherman owners of mini purse seine business owners in Sathean Village as respondents, conducted business profit analysis and business risk calculation based on probability density. The results showed that the business profit was Rp 241,608,203/year or Rp 196,551,994 in the peak season, Rp 41.828.721 in the medium season and Rp 3.2227.488 in the less season.In peak and less seasons, these businesses are at risk or have the opportunity to lose, while in the medium season is not risky.

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