Transaksi Cryptocurrency dalam Pandangan Hukum Ekonomi Syariah

2021 ◽  
Vol 6 (2) ◽  
pp. 137-148
Author(s):  
Hardian Satria Jati ◽  
Ahmad Arif Zulfikar
Keyword(s):  
Islamic Law ◽  
Economic Behavior ◽  
Point Of View ◽  
Digital Currency ◽  
Digital Era ◽  
Library Research ◽  
Analysis Technique ◽  
Physical Form ◽  
Crypto Currency ◽  
Pros And Cons

The increasingly widespread development of the digital era has led to changes in the payment system which then affects the economic behavior of the community in line with the increase in various services that facilitate economic activity. An example is the emergence of crypto currency or Cryptocurrency as a digital currency that has almost the same function as other currencies. The thing that distinguishes this digital currency from conventional currencies in general is that it does not have a physical form of money like currency currency but only a block of data bound by a hash as validation. Although it provides a number of advantages for its users, the existence of cryptocurrencies in Indonesia itself is still experiencing pros and cons in terms of regulation and legality, especially from the point of view of Islamic law for its use. Therefore, this study was conducted to review cryptocurrencies that are widely used in transactions, especially investments from the perspective of Islamic law. This research is a qualitative library research. The data analysis technique used is descriptive-analytical with a normative juridical approach to Islamic law. Based on a number of references used in this study, it is known that investing with cryptocurrencies has a very high risk because its value can go up or down drastically and unpredictable. Meanwhile, from the point of view of Islamic sharia law, the law of this cryptocurrency transaction is haram lighairihi.

A STUDY OF LITERATURE: CRYPTOCURRENCY OF SYARIAH PERSPECTIVE

2021 ◽  
Vol 1 (2) ◽  
pp. 417-428
Author(s):  
M. Shabri Abd. Majid ◽  
Marliyah Marliyah ◽  
Rita Handayani ◽  
Fuadi Fuadi ◽  
Afrizal Afrizal
Keyword(s):  
Point Of View ◽  
The Internet ◽  
Virtual Currency ◽  
Supervisory Authority ◽  
Fiat Money ◽  
Physical Form ◽  
Crypto Currency ◽  
Pros And Cons ◽  
Transaction Security ◽  
Digital Or

Cryptocurrency is a digital or virtual currency, which does not have a physical form like fiat money. This crypto currency can only be used through devices such as PCs, laptops, smartphones and other devices that are connected to the internet. There are several advantages in a crypto system that uses blockchain system, such as transaction security, convenience, speed and can be used across countries and continents, however cryptocurrency which is currently circulating also still have weaknesses, including there is no supervisory authority, even many countries have disagreements over the legality of this cryptocurrency. The debate about the pros and cons regarding to the use of cryptocurrency becomes dynamics among the experts including the scholars who have study from Islamic point of view. This research aims to examine the dynamics of using cryptocurrency from ushul fiqh point of view, where the methods which used in this research are al-qur'an, al-Hadith, Qiyas and Sad-Adzariyah. Basically the use of cryptocurrency is allowed to meet cetain conditions that is by removing batil elements as in Quran surah An-Nisa verse 29, those batil elements are gharar and mayshir. Moreover, cryptocurrency must also have clear legality in a country for security in their use.

scholarly journals Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

2013 ◽  
Vol 13 (2) ◽  
pp. 273
Author(s):  
M. Shohibul Itmam
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Internal Conflict ◽  
Political Struggle ◽  
Reform Era ◽  
Positive Law ◽  
Law And Politics ◽  
Library Research ◽  
The Government ◽  
Parliamentary Support

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program  PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

scholarly journals PENDEKATAN HUKUM ZAKAT PROFESI MENURUT ULAMA KONSERVATIF DAN PROGRESIF

2020 ◽  
Vol 3 (4) ◽  
Author(s):  
M. Hasbi Umar ◽  
Zahidin Zahidin
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Library Research ◽  
Pros And Cons ◽  
Legal Position ◽  
Made In ◽  
Legal Product

This research started from a controversial about professional zakat of Islamic law, between pros and cons, about the legal position and the system of implementing professional zakat. Specifically there is no dalil nash (al-qur?an and hadits) that mentions professional zakat as from the types of zakat that are required, even the classical books don?t talk about this problem, so that professional zakat seen as a legal product that is Ijtihadi. Then in this paper will discuss the controversy of professional zakat between which the group accept namely progressive scholars who consider that a new legal product can be made in the framework of responding to development, needs and benefit of the peoples. And teams that reject that is parson that a conservative outlook is seeking to protect the purity of Islamic teachings, with reject all new thoughts that are not based on are valid (clear and unequivocal). In author anliysis, the argument in favor of the profession is stronger and more convincing than the group that rejected it. The study qualitative methods that focus on an approach to literature (library research).

Pelaksanaan Kad Radha’ah sebagai Alternatif Penjagaan Nasab Keturunan dan Anak Susuan oleh Jabatan Agama Islam Selangor

2020 ◽  
Vol 32 (2) ◽  
pp. 195-222
Author(s):  
Mohd. Norhusairi Mat Hussin ◽  
◽  
Abdul Mu'iz Mohd Tamyes
Keyword(s):  
Qualitative Study ◽  
Islamic Law ◽  
Point Of View ◽  
Library Research ◽  
Entire Country ◽  
Wet Nurse

This qualitative study is an analysis following the implementation of the MyRadha’ah Card which was introduced in Malaysia by the Selangor Islamic Religious Department (JAIS) on 19 November, 2018. It is a mechanism for ascertaining the identity of a child and its wet nurse or ‘milk- mother’. This aids in safeguarding the Islamic family institution, in particular, involving nasab (lineage) and mahram (unmarriageable kin) to manifest the Maqasid Shariah (objectives of the sharia) which requires hifz al-nasl or care of the offspring. This study, therefore, is meant to study the concept of wet-nursing from the point of view of Islamic law, as well as identifying the institutions or agencies that should play a role in regulating issues related to wet-nursing. The data were obtained through library research and interviews analysed using inductive and deductive methods. The study finds that the implementation of the MyRadha’ah Card should not be limited to one state but is a necessity for the entire country. The cooperation of various parties is crucial for implementation in stages and requires streamlining among all the states in Malaysia.

scholarly journals PROSPEK PELEMBAGAAN HUKUM ISLAM DI INDONESIA

2019 ◽  
Vol 17 (2) ◽  
pp. 210
Author(s):  
Achmad Al-Muhajir SAM
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Customary Law ◽  
Muslim Country ◽  
Legal Institution ◽  
Political Struggle ◽  
Reform Era ◽  
Library Research ◽  
Normative Status

Indonesian is constitutionally as the state of Pancasila and not as a religious state, but the state is able to accommodate a number of religious norms in the formation of legislation. Indonesia, as the largest Muslim country in the world with a diversity of ethnic, religious and ethnic groups, has chosen the plural of legal system. This situation provides an opportunity to source a specific law affects the formation and preparation of the norms of national law. Islamic law has long been used in the community, even before the colonial period, has significant effect in certain customary law in society. This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the prospect legal institution of Islamic law in Indonesia; second, the resistance and constraint in course of legal institution of Islamic law in Indonesia. This paper was as a result of library research using legal normative status, historical, and sociological point of view.

scholarly journals Islamic Law Politics in The Contemporary Era (Revealing The Struggle for The Positivization of Islamic Law in Indonesia)

2021 ◽  
Vol 6 (1) ◽  
pp. 24
Author(s):  
Muhazir Muhazir
Keyword(s):  
Islamic Law ◽  
Legal Policy ◽  
Library Research ◽  
Pros And Cons ◽  
Political Conditions ◽  
Legal Policies ◽  
Religion And State ◽  
The Relationship ◽  
Western Politics ◽  
Analyze Data

<p>This paper will discuss the politics of Islamic law until now, which still leaves debates between pros and cons parties, this debate is based on differences in views between secular Islamic groups and traditionalists, plus global political conditions increasingly influence the direction of Indonesian government legal policies. Library research is the method used in this paper, the legal policy approach and statute approach are used to analyze data found in various literature. The results of this study indicate that the struggle for the positivists of Islamic law in Indonesia is still reaping polemics, these polemics are based on three things; first, differences in understanding of the relationship between religion and state; second, the contemporary Indonesian political system is influenced by western politics; third, liberalism and communism have helped to hinder the positivists process of Islamic law in Indonesia</p><p><br />Tulisan ini akan mendiskusikan tentang politik hukum Islam hingga saat ini yang masih menyisakan perdebatan antara pihak pro dan kontra, perdebatan ini didasari oleh perbedaan pandangan antara kelompok Islam sekuler dan Islam tradisionalis, ditambahkan lagi dengan kondisi politik global semakin mempengaruhi arah kebijakan hukum pemerintah Indonesia. Library research merupakan metode yang digunakan dalam tulisan ini, pendekatan legal policy dan statute approach digunakan untuk menganalisis data yang ditemukan dalam berbagai literatur. Hasil penelitian ini menunjukan bahwa pergulatan positivisasi hukum Islam di Indonesia masih menuai polemik, polemik tersebut didasari oleh tiga hal; pertama, perbedaan pemahaman tentang hubungan antara agama dan negara; kedua, sistem politik indonesia masa kontemporer dipengaruhi oleh politik barat; ketiga, paham liberalisme dan komunisme turut menghambat proses positivisasi hukum Islam di Indonesia <br />Kata Kunci: Politik, Hukum Islam, Positivisasi</p><div><span><br /></span></div>

scholarly journals MELIHAT WAJAH ISLAM DARI ORIENTALIS: TELAAH NALAR ORIENTALIS TENTANG HUKUM ISLAM

Al-MAJAALIS ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 412-424
Author(s):  
Moch. Nurcholis
Keyword(s):  
Islamic Law ◽  
Religious Tradition ◽  
Point Of View ◽  
Religious Traditions ◽  
Analysis Techniques ◽  
Library Research ◽  
Umayyad Dynasty ◽  
The Face ◽  
Descriptive Writing ◽  
Data Library

Orientalists, in their viewpoint, place the eastern-Islamic world as an opponent that must be weakened. One of their efforts is done by portraying the face of Islam and Islamic law according to their own constructed point of view. This descriptive writing describes the orientalist view of Islam and Islamic law based on authoritative references in the theme of this study. The data used comes from library data (library research). The technique of collecting data is done in documentation, while the analysis is done with content analysis techniques. The result of the study in this paper conclude three things. First, Islam is not a religion that originates from God according to the orientalist view, but it is considered a form of religious tradition that continues the Christian and Jewish religious traditions. Second, the orientalists are of the view that Islamic law is a product of thought that was systematically compiled in detail in the era of the Umayyad dynasty and the beginning of the Abbasid era. Third, the emergence of these two orientalist views is due to their limited reading toward Islam as to complement and perfect the previous religious teachings. On the other hand, orientalists have deliberately forgotten the fact that Muslims have two legacies from the Prophet Muhammad peace and blessings of Allah be upon him, namely al-Qur'an and al-Sunnah, as the basis and source in every effort to formulate Islamic law.

scholarly journals Understanding Multiple Interpretations on the Hadith that Husbands Allow Wives to have Outdoor Activities: A Study of Islamic Law Perspectives

2021 ◽  
Vol 5 (1) ◽  
pp. 210
Author(s):  
Tarmizi M. Jakfar ◽  
Arifah Fitria
Keyword(s):  
Mass Communication ◽  
Islamic Law ◽  
Mass Transportation ◽  
Wild Animals ◽  
Multiple Perspectives ◽  
Outdoor Activities ◽  
The Past ◽  
Library Research ◽  
Analysis Technique ◽  
Family Benefits

Understanding the interpretation of a hadith is multifaceted, in which the Muslim clerics have multiple perspectives on certain hadith, including hadith on husband’s permission to wife to engage in outdoor activities. This is a library research, in which we explore some literature on this issue. The analysis technique used is descriptive-analytical and comparative, while the approach used is historical-sociological. The focuses of this study are threefold: to understand the mazhab(traditional) scholars’ and contemporary scholars’ perspectives, and to review the Islamic law on the Muslim clerics’ understanding of this issue. This paper concludes that mazhab scholars tend to understand the hadith textually, strictly and non-contextual-that is, asking permission to engage in outdoor activities is an obligation of the wife, otherwise it is considered disobedient to the husband. Meanwhile, contemporary scholars understand the hadith contextually and more flexible. They perceive that asking for permission to do outdoor activities is not an obligation; it is rather a recommendation for wives to seek for their husbands’ permission. In fact, in the recent times, wives working outdoor would in fact support husbands in fulfilling household’s needs. This difference can be understood because historically-sociologically the condition of the society has shifted and transformed. In the past, for instance, when women left the house they would cause danger in the middle of the desert such as robbery or wild animals. Meanwhile, nowadays mass communication and mass transportation have enabled families: husbands and wives to connect with each other. Likewise, when women going outdoor to seek knowledge, attending mosques for congregations, and or going for work, contemporary scholars do not see it as prohibited. Women doing activities outdoor has existed even by the time of the prophet and the companions, showing that most wives work outdoor for family benefits.

scholarly journals Korupsi Versus Hibah dan Hadiah

Al-Mizan ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 349-374
Author(s):  
Muhammad Gazali Rahman
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Qualitative Approach ◽  
Point Of View ◽  
The Other ◽  
Other Hand ◽  
Library Research

This study discusses the issue of corruption that occurs in human life. However, the problem is how the grants and gifts given to certain parties are categorized as corruption. This research is library research which is analyzed with a qualitative approach with national law and Islamic law perspectives. The results showed that from the point of view of Islamic law, people's insights were very limited to the issue of bribes and rewards. Some people think that bribery is not a crime, but only a small mistake. Some others, even so, that bribes are forbidden, but they do not care about the prohibition, let alone because they get the benefits. On the other hand, society perceives the bribe as a gift or a token of gratitude. Some even think of it as money for the help someone has given, so they don't feel it as a mistake or even a crime.

scholarly journals Character education in the Islamic law

2021 ◽  
Vol 6 (1) ◽  
pp. 31-46
Author(s):  
Ahmad Alfurqan Suyono
Keyword(s):  
Character Education ◽  
Islamic Law ◽  
Fundamental Problem ◽  
Human Life ◽  
Point Of View ◽  
Islamic Education ◽  
Islamic Culture ◽  
Complete Knowledge ◽  
Library Research ◽  
The World

Education must have a good and robust foundation, because with this foundation, the direction of the implementation of education is not merely a momentary shock or turmoil. The foundation of knowledge is an essential in the process of advancingeducation. The aim of this study is to find out how is the importance of charactereducation from the Islamic point of view. The data were gained through library research or document research. The result shows the importance of character education from Islamic law insight. The basis of education is a fundamental problem because the primary school will determine the style and content of learning. In the meantime, its relation to Islamic teaching, the basis or foundation of Islamic education, is the foundation that forms the basis or principle to stand tall. Therefore, the basis of Islamic culture must be considered comprehensively in revealing through the next educational steps. Al-Qur'an and Hadith are sources of Islamic law and complete knowledge, covering the whole of human life, both the world and the hereafter. Both become an apparent clue for humans and the pace of their lives at all times.

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