scholarly journals TEORI AL-HUDUD DAN PERMASALAHAN BUNGA BANK (TELAAH PEMIKIRAN MUHAMMAD SHAHRUR)

Al'Adalah ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 103-121
Author(s):  
Muhammad Muhaimin
Keyword(s):  
Islamic Law ◽  
Modern World ◽  
The Poor ◽  
The Law ◽  
The Rich ◽  
The Times ◽  
Lower Limits

Salah satu karakteristik hukum Islam adalah bahwa ia dapat diterapkan di semua tempat dan waktu, meskipun Al-Quran dan Hadis sebagai sumbernya bersifat terbatas. Hal ini membutuhkan metode yang dapat digunakan untuk menerapkan karakteristik ini di dunia modern, di setiap keadaan dan tempat. Pemikiran bahwa hukum yang dijelaskan dalam Al-Qur'an dan Hadits memuat batasan (al-h{udu>d), baik batas atas maupun bawah, merupakan salah satu metode penerapan hukum, sehingga karakteristik hukum Islam ini dapat diwujudkan. Teori al-h{udu>d yang dirumuskan oleh Muhammad Shah}ru>r  ini dapat digunakan untuk menyelesaikan berbagai masalah kontemporer di bidang hukum Islam, dan merupakan upaya untuk membuktikan bahwa hukum Islam dapat menjawab tuntutan zaman. Shahrur menawarkan penerapan hukum riba pada perbankan modern dengan menggunakan teori al-h{udu>d  ini, sehingga orang miskin tidak tertindas dan orang kaya tidak dipersalahkan. One of the characteristics of Islamic law is that it can be applied in all places and times, although the Qur'an and Hadith as its source are limited. This requires a method that can apply these characteristics in the modern world, in every circumstance and place. The thought that the law described in the Qur'an and the hadith contains restrictions (al-h{udu>d), both upper and lower limits, is one method of applying the law, so that the characteristics of Islamic law can be realized. The al-h{udu>d's theory which has been formulated by Muhammad Shah}ru>r  can be used to solve various contemporary problems in the field of Islamic law, and is an attempt to prove that Islamic law can answer the demands of the times. Shahrur offered to apply the law of usury to modern banking using this al-h{udu>d theory, so that the poor are not oppressed and the rich are not wronged.

The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law

2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Zarul Arifin
Keyword(s):  
Islamic Law ◽  
Small Business Owners ◽  
Government Regulations ◽  
West Kalimantan ◽  
Official Price ◽  
The Poor ◽  
Rich People ◽  
The Rich ◽  
The Government ◽  
Initial Survey

This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.

scholarly journals Instances of belief in fate in South India

1967 ◽  
Vol 2 ◽  
pp. 118-125
Author(s):  
Carl Diehl
Keyword(s):  
South India ◽  
Popular Belief ◽  
Good Fortune ◽  
The Poor ◽  
The Law ◽  
The Rich ◽  
Present Life ◽  
Good Deeds

Man's life is predetermined by Karma. The deeds of an earlier existence bear their fruits in the present life. That is why the poor man is poor and the rich is happy with his wealth and good fortune. One man is born a brahman and another spends his days as a pariah. The law of Karma has spread in the wake of Buddhism all over the Indian continent and far beyond, whereas its complement and presupposition Samsara for the most part appears as an intellectual conception with little foundation in popular belief. But Karma is not blind. On the contrary it is absolutely just, and for that very reason inescapable. This is, however, modified in so far as good deeds are both possible and profitable. The fatal consequences of the Karma of previous births end with this span of existence. Life hereafter will depend on the fruits of accumulated Karma here and now.

scholarly journals The rich, the poor, and the law

2004 ◽  
Vol 60 (1/2) ◽  
Author(s):  
Dieter H. Reinstorf
Keyword(s):  
Roman Empire ◽  
First Century ◽  
Good Society ◽  
The Core ◽  
The Poor ◽  
The Social ◽  
The Law ◽  
The Rich

This article explores the social and religious dynamics of parables of Jesus in which “rich” and “poor” are juxtaposed. It focuses on Luke 16:19-31 (the parable of the rich man and the poor beggar Lazarus) and on Luke 18:9-14 (the parable of the Pharisee and the tax collector). The core of the exploration relates to questions concerning “wealth” and “poverty” in a limited-good society such as first-century Palestine. The article aims to expose the legitimisation provided by the Israelite elite to ensure the collection of taxes placed on the peasant population by the Roman Empire.

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

scholarly journals Responsible Solutions

2014 ◽  
Vol 2 (2) ◽  
pp. 215-245
Author(s):  
Jay Sterling Silver
Keyword(s):  
Middle Class ◽  
Task Force ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
The Poor ◽  
Economic Forces ◽  
The Law ◽  
The Rich ◽  
Conducting Research

At the end of Brian Tamanaha’s instant classic, Failing Law Schools, tracing the economic forces behind exorbitant law school tuition and graduate debt and unemployment, he lays out his plan to help resolve the crisis. He would eliminate tenure, dispense with the final year of law school, rely heavily on adjuncts and apprenticeships, and loosen the ABA accreditation standards mandating “one-size-fitsall” law schools to allow the marketplace to fashion more affordable models of legal education. Some schools would remain in the traditional, three-year mode, with faculty conducting research. Others would morph into, or spring up spontaneously as, the “law school parallel . . . of vocational colleges.” Very candidly, Tamanaha explained that the “two-year law schools . . . would be dumping grounds for the middle class and the poor . . . . Few children of the rich will end up in these law schools.” He calls the plan “‘differentiated’ legal education.” Others, including Paul Campos, founder of the Inside the Law School Scam web blog and author of Don’t Go To Law School (Unless), and the ABA Task Force (“Task Force”) on the Future of Legal Education, have endorsed Tamanaha’s prescription.

Menggagas Fikih Media Sosial

2019 ◽  
Vol 13 (1) ◽  
pp. 65-81
Author(s):  
Khariri Khariri
Keyword(s):  
Social Media ◽  
Social History ◽  
Industrial Revolution ◽  
Islamic Law ◽  
Legal Provisions ◽  
Negative Findings ◽  
History Of ◽  
The Law ◽  
Use Of Social Media ◽  
The Times

The development in the field of information technology in the era of industrial revolution 4.0 was so rapid. However, there are many negative findings from the use of social media, such as hoaxes, utterances of hatred, slander, etc. This requires a more contextual study of Islamic law (fiqh) and is able to answer what is the demand of the times, especially the phenomenon of social media. In carrying out the formulation of Islamic law, there are two methods of reasoning used, namely normative-deductive and empirical-inductive, so that the resulting laws can be in accordance with the demands of the community. Therefore, the idea of social media fiqh is to make an effort to find the maqāṣid al-syarī’ah (legal purpose) in the use of social media. By using the theory of sadd al-żarī’ah analysis, this study sought formulation of Islamic law in order to be a solution in the times. This theory is used to explore various problems that have occurred in the development of communication on social media. In addition, this study attempts to trace the exclusion (istinbāṭ) of the law in formulating the fiqh of social media with the Uṣūl al-Fiqh approach and the social history of Islamic law. The work of this research is inseparable from the two legal provisions that have been formulated before, namely the MUI fatwa on Social Media and the Law of Information and Electronic Transaction.

scholarly journals PEMBERDAYAAN EKONOMI KREATIF BERBASIS SYARIAH PADA MAJELIS TAKLIM

2020 ◽  
pp. 64-78
Author(s):  
Khadijah Khadijah
Keyword(s):  
Economic System ◽  
Government Policies ◽  
Islamic Banking ◽  
Significant Progress ◽  
The Poor ◽  
Economic Trends ◽  
The Law ◽  
The Rich ◽  
The Republic ◽  
Islamic Economic

Abstract. Sharia-based economic trends (islamic economics) continue to experience significant progress along with government policies that continue to strive so that the sharia economy can be applied in various aspects of life, including to move the progress of the majelis taklim. Sharia-based economy builds justice because the rich must provide assistance to the poor so that the poor become empowered one of the principles of sharia economic lending without interest. There are at least more than 20 types of regulations concerning the Islamic economic system in Indonesia include the Law of the Republic of lndonesia No. 19, 2008 Regarding State Sharia Securities, and the Law of the Republic of lndonesia No. 21, 2008 about Islamic Banking. Abstrak. Trend ekonomi Islam (ekonomi syariah) terus mengalami kemajuan yang signifikan seiring dengan kebijakan pemerintah yang terus mengupayakan agar ekonomi tersebut dapat diterapkan di berbagai segi kehidupan, termasuk di dalamnya untuk menggerakan  kemajuan Majelis Taklim (MT). Keberadaan MT telah memiliki aturan resmi pemerintah berdasarkan Undang Undang Sistem Pendidikan Nasional (UU Sisdiknas) Nomor: 20 tahun 2003 dan Peraturan Pemerintah (PP). 55 tahun 2007 serta Peraturan Menteri Agama (PMA) No. 29 tahun 2019. Jumlah riil MT di Indonesia diyakini mencapai ratusan ribu tempat mengingat di setiap ada komunitas muslim di situ muncul kegiatan MT. Mereka memerlukan sosialisasi tentang ekonomi syariah sekaligus memberdayakan mereka dengan program yang menggerakan ekonomi kreatif. Pelaksanaan ekonomi syariah mengacu kepada Undang-Undang No. 19 Th. 2008 tentang Surat Berharga Syariah Negara, Undang-Undang Rl No. 21 Tahun 2008 dan Perbankan Syariah setidaknya berjumlah 23 aturan.

scholarly journals THE LAW OF ONLINE ZAKAT BASED ON THE APPLICATION PROVIDING EASINESS IN TRANSACTION OF ZAKAT PAYMENT

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 164-178
Author(s):  
Sari Utami
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Digital Age ◽  
Economic Welfare ◽  
Analysis Technique ◽  
The Law ◽  
The Rich ◽  
To Receive ◽  
Islamic View

The importance of zakat distribution in the digital age increasingly shows the existence and urgency of digitalization in all aspects. The purpose of zakat distribution online will facilitate muzakki effectively and efficiently in terms of activities and time in distributing zakat evenly and thoroughly to break the poverty chain, and improve social and economic welfare of the community without having to distinguish between the rich and poor, because behind the distribution of zakat funds is the rights of those who are entitled to receive it (mustahik). This research focused on qualitative research using a descriptive analysis technique which is to conduct an analysis by describing, describing, explaining about paying zakat online in Islamic law. In Islamic view, zakat which is done online is permissible because one of the reasons is that it is only different in form of distribution, namely the transition from manual to automatic. From those who usually come to the institution to pay directly but this time only by accessing and transferring. However, it still does not abandon the terms or conditions in issuing or distributing zakat. Distribution of zakat online is not a problem in terms of Islamic law, because its distribution will facilitate muzakki or Muslims who have an obligation to pay zakat. A muzakki can distribute his zakat online is legal and not a problem legally. Special institutions that are given the mandate in the distribution of zakat will be managed because it is deposited from muzakki which is distributed online and must be in accordance with the principles in sharia provisions. So that the obligation to fulfill or pay zakat continues to be carried out in order to share with others who are entitled to need throughout Indonesia.Keywords: Easiness; Islamic Law; Online; Zakat.

scholarly journals Opportunities Threats and Challenges in Anarchistic and Autarkic States-Utopian States versus Dystopian States-Plight of Communities and Individuals in the Modern World

2019 ◽  
Vol 2 (3) ◽  
pp. p139
Author(s):  
Kwesi Atta Sakyi ◽  
Francis Mukosa ◽  
Burton Mweemba ◽  
Moses Katebe
Keyword(s):  
Public Policy ◽  
Government Regulation ◽  
Free Market ◽  
Modern World ◽  
External Trade ◽  
The Poor ◽  
Democratic State ◽  
Essential Services ◽  
The Rich ◽  
The Ideal

This research looks at the hypothetical state of no governments and no external trade, the autarky situation as well as the ideal utopian democratic state juxtaposed as Utopia versus Dystopia. This essay is motivated by the current world situation of global internet connectivity which transcends borders and defies government regulation. The essay focuses on examining what opportunities would be presented in a situation of no government and also what challenges and threats would exist in such an instance bordering on Dystopia. The paper comprises findings that have been drawn from analyzing the different opinions, facts and findings from researchers on the topic of public policy. It fundamentally addresses the question from an assumption that there were no governments and concludes by drawing on the importance of public policy and why this is essential in order to avoid anarchy that arises as a result of not having laws and regulations to control the behaviors of societies and individuals in those Hobbesian societies. The findings in the paper are that a state of no government presents itself as a state of confusion and that it descends into the extreme form of a totally unregulated free market capitalist approach for communities and societies. This, in the end, results in lawlessness that to an extent permits the emergence of anarchist states where the rich take advantage of their power and become more powerful than societies or states as exemplified by the MNCs. The purpose of government is to provide essential services and ensure that the rights of individuals are protected. Without the regulatory and protective umbrella of government, the concept of protection and extending the benefits of external trade become the preserve of rich individuals who may brutally exploit and assault the poor to the point of enslavement and exploitation.

scholarly journals ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION

2019 ◽  
Vol 7 (6) ◽  
pp. 213-222
Author(s):  
Dr. H. Umar
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Binding Capacity ◽  
Marriage Law ◽  
Inheritance Law ◽  
Basic Law ◽  
Statutory Law ◽  
The Law ◽  
The Republic ◽  
The Times

Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf law. Laws or provisions that are applied to administer and settle marriages, inheritance and endowments as material laws, are still diverse. Marriage and Wakaf cases are regulated in statutory law; marriage is regulated by Law No. 1 of 1974 concerning Marriage and waqf law regulated by Government Regulation No.28 of 1977; as executor of the Agrarian Basic Law of 1961. Whereas inheritance law has not been regulated by law and by itself is still guided by Jurisprudence.

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