scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals Akuntabilitas Penatausahaan, Pelaporan Dan Pertanggungjawaban Dana Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 523-542
Author(s):  
Sri Ayu Saputri ◽  
Nurzi Sebrina ◽  
Vita Fitria Sari
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
The Public ◽  
Analysis Techniques ◽  
West Sumatra ◽  
Qualitative Descriptive ◽  
Village Government ◽  
The Village

This study aims to determine how Administration, Reporting and Accountability of Dana Nagari in Batang Anai District, Padang Pariaman Regency, West Sumatra Province. There are three (3) aspects in village funds, administration, reporting and accountability. To achieve these objectives, descriptive qualitative research methods are used. Data sources are primary data and secondary data. Data collection techniques are carried out by observation, interviews, and documentation using qualitative descriptive analysis techniques. The results of the study show: (1) Administration carried out by the treasurer in the form of receipts and expenditures which are recorded in the general cash book, bank book, income details book, and financing details book which is equipped with receipts. (2) Reporting that the delay in disbursing village funds was due to the late regulation of the Regulations of the Regent of Padang Pariaman which caused the disbursement of stage I and phase II village funds to be delayed too late. (3) Accountability Submission of accountability reports to the public through various media, such as websites and billboards. Submission through this media can make it easier for the public to obtain information about the performance of the village government.

scholarly journals PENGAMBILALIHAN HAK ATAS JAMINAN (EKSEKUSI) JAMINAN FIDUSIA DAN RAHN TASJILY PERSEPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

2019 ◽  
Vol 10 (2) ◽  
pp. 186
Author(s):  
Heri Kuswanto
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Critical Legal Studies ◽  
Legal Studies ◽  
Positive Law ◽  
Qualitative Descriptive ◽  
The Right ◽  
And Storage ◽  
Laws And Regulations

The phenomenon that occurs is related to the taking over of the right to guarantee (execution) of fiduciary security and Rahn Tasjily in the execution of executions carried out by financial institutions that do not comply with applicable laws and regulations. This research uses Normative legal methods, with qualitative descriptive analysis and critical legal studies. The results of the study that the process of taking over the right to guarantee (execution) fiduciary regulated in article 29 (1) of the fiduciary guarantee law. Among the first, execution based on Grosse fiduciary guarantee certificate or executable title (fiat execution) contained in the Fiduciary Guarantee Certificate carried out by the fiduciary recipient. Second, an execution based on the execution of separate executions through public auctions by fiduciary recipients. Third, execution by sale under the hand by the creditor fiduciary himself, and fourth, fiduciary execution by claiming. Based on Islamic law, the process of expropriation of the right to guarantee (execution) Rahn Tasjily, that the procedure for executing Marhun (collateral object), if due. Murtahin must warn Rahin to pay off her debt immediately. If the Rahin still cannot repay its debt, then Marhun is forcibly sold/executed through an auction, according to sharia. Marhun sales proceeds used to pay off debt, maintenance, and storage costs that have not paid and sales costs. The excess proceeds from the sale belong to Rahin, and the shortcomings become Rahin obligations. The execution process carried out by sharia companies must be based on fatwa no. 25/DSN-MUI/III/2002, and fatwa no. 92/ DSN-MUI/IV/2014. Positive law and Islamic law, which become normative references, have not been well understood and applied by the finance parties, causing injustice and legal uncertainty.Keywords: expropriation of rights, fiduciary guarantee, rahn tasjily ABSTRAKFenomena yang terjadi terkait pengambilalihan hak atas jaminan (eksekusi) jaminan fidusia dan rahn tasjily pada pelaksanaan eksekus yang dilakukan oleh lembaga pembiayaan tidak mematuhi aturan perundang-undangan yang berlaku. Penelitian ini menggunakan metode hukum Normatif, dengan analisis deskriptif kualitatif dan studi hukum kritis. Hasil penelitian bahwa, proses pengambilalihan hak atas jaminan (eksekusi) fidusia telah diatur dalam pasal 29 (1) undang-undang jaminan fidusia. Diantaranya pertama, eksekusi berdasarkan grosse sertifikat jaminan fidusia atau titel eksekutorial (secara fiat eksekusi) yang terdapat dalam Sertifikat Jaminan Fidusia yang dilakukan oleh penerima fidusia. Kedua, eksekusi berdasarkan pelaksanaan parate eksekusi melalui pelelangan umum oleh penerima fidusia. Ketiga, eksekusi secara penjualan di bawah tangan oleh kreditor pemberi fidusia sendiri, dan keempat, eksekusi fidusia secara mendaku. Berdasarkan hukum Islam, proses pengambilalihan hak atas jaminan (eksekusi) rahn tasjily, bahwa prosedur pengeksekusisan marhun (objek jaminan), apabila jatuh tempo. Murtahin harus memperingatkan Rahin untuk segera melunasi hutangnya. Apabila rahin tetap tidak dapat melunasi hutangnya, maka marhun dijual paksa/dieksekusi melalui lelang sesuai syariah. Hasil penjualan marhun digunakan untuk melunasi utang, biaya pemeliharaan dan penyimpanan yang belum dibayar serta biaya penjualan. Kelebihan hasil penjualan menjadi milik rahin dan kekurangannya menjadi kewajiban rahin. Adapun proses eksekusi yang dilakukan oleh perusahaan syariah harus berdasarkan fatwa Nomor: 25/DSN-MUI/III/2002, dan fatwa Nomor:92/DSN-MUI/IV/2014. Hukum positif dan hukum Islam yang menjadi rujukan normatif, belum difahami dan diterapkan dengan baik oleh pihak pembiayaan, sehingga menimbulkan ketidakadilan dan ketidakpastian hukum. Kata Kunci : jaminan eksekusi fidusia,pengambilalihan hak, rahn tasjily

scholarly journals SWOT Analysis As A Determiner Of Marketing Strategy At b Hotel Bali & Spa Denpasar

2021 ◽  
Vol 4 (1) ◽  
pp. 41-47
Author(s):  
Ni Putu Sri Prajayanti ◽  
◽  
I M Sudana ◽  
I G M Karma ◽  
◽  
...  
Keyword(s):  
Data Collection ◽  
Marketing Strategy ◽  
Swot Analysis ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Analysis Technique ◽  
Qualitative Descriptive ◽  
Internal And External Factors

This research aims to determine the marketing strategy that must be taken from the results of the SWOT analysis at the b Hotel Bali & Spa Denpasar. This study uses primary data sources and secondary data sources with data collection methods through interviews, observation and questionnaires. The analysis technique used is a qualitative descriptive analysis technique, namely the SWOT analysis technique which explains, first, the data collection stage at the Bali Hotel & Spa Denpasar regarding the identification of internal and external factors in the form of strengths, weaknesses, opportunities, and threats, the second is the analysis stage, and third namely the stage of decision making to determine the strategy to be taken by the company. The research results from the SWOT analysis show that the company is in quadrant I, where it shows a problem regarding for the strength to see opportunities where the strategy taken is the SO strategy used to be applied in developing strategies that can be suggested at management b Hotel Bali & Spa Denpasar, to can improve the progress of the hotel going forward.

scholarly journals Dinamika Gerakan Pembentukan Daerah Otonom Baru Kabupaten Mandau-Riau

2016 ◽  
Vol 6 (1) ◽  
pp. 50
Author(s):  
Muhammad Ashsubli
Keyword(s):  
Social Movements ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Autonomous Region ◽  
The People ◽  
The Social ◽  
Qualitative Descriptive

The purpose of this study was to identify and analyze the dynamics of the movement forming a new autonomous region in the district of Mandau. The method used in this research is qualitative descriptive analysis. Sources of data in this study are primary data the authors obtained from interviews with informants and secondary data obtained from the nature of the documents, archives, and other results are available. The results found that the dynamics of the social movements of tangible movement collectivity of people in it to carry or resist change. All that could happen due to the nature of the people themselves who want change it is marked on the organizing societies Mandau and Pinggir were struggling collectively to realize combustion Mandau regency or Duri City.Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisa dinamika gerakan pembentukan daerah otonomi baru di Kabupaten Mandau. Metode yang digunakan pada penelitian ini adalah Analisis Deskriptif Kualitatif. Sumber data dalam penelitian ini adalah data primer yang penulis peroleh dari hasil wawancara dengan informan serta data sekunder yang didapat dari dokumen-dokemen, arsip-arsip, dan hasil lain yang tersedia. Hasil penelitian menemukan adanya dinamika gerakan sosial yang berwujud gerakan kolektifitas orang-orang di dalamnya untuk membawa atau menentang perubahan. Semua itu bisa terjadi disebabkan sifat masyarakat itu sendiri yang menginginkan perubahan hal ini ditandai dari pengorganisasian masyarakat-masyarakat Mandau dan Pinggir yang berjuang secara kolektif untuk mewujudkan pemekaran daerah Kabupaten Mandau atau Kota Duri. 

scholarly journals IMPLEMENTASI TANGGUNG JAWAB PENGELOLA APOTIK TERHADAP KONSUMEN OBAT

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mig Irianto Legowo
Keyword(s):  
Descriptive Analysis ◽  
Pharmacy Practice ◽  
Secondary Data ◽  
Primary Data ◽  
Drug Supply ◽  
Collection Method ◽  
Capital Owner ◽  
Life Threatening ◽  
Qualitative Descriptive ◽  
The Right

The pharmacy is a pharmacy or place of service where pharmacy practice is carried out by pharmacists. In accordance with the provisions of a pharmacist can establish a Pharmacy with its own capital and / or capital from a capital owner both individuals and companies. Furthermore, in the case of pharmacists who establish a pharmacy in collaboration with capital owners, the work of organizing mandatory pharmacy is still carried out entirely by the pharmacist in question, therefore the responsibility of the pharmacist is as the manager of the pharmacy, which raises responsibility for the drug consumers The businessman / manager of the pharmacy is also obliged to provide the right service and information to the drug consumers. This study entitled Implementation of the Responsibility of Pharmacy Management for Drug Consumers aims to (1) know the responsibility of the pharmacist / manager to consumers in providing medicines, (2 ) to find out the problems faced by businessmen / managers of pharmacies in carrying out their obligations to dru. The type of research used is normative juridical with research specifications that are descriptive analytical. In this study the data is obtained from secondary data as primary data and primary data as supporting data (complementary). While the data collection method is interviews for primary data and literature studies for secondary data. The data obtained is presented in the form of a description of the event and then analyzed by qualitative descriptive analysis. In the case of a Pharmacy committing a serious violation that is life-threatening, then the SIA sanction for a Pharmacist's License Letter can be revoked without prior warning. (2) problems of problems faced by employers or managers of pharmacies include (a) drugs that are no longer circulating (b) drugs that have expired, (c) supplies of medicines run out. Then the business carried out by the pharmacy entrepreneur is (a) the pharmacy gives substitute drugs that have the same use. (B) if the drug has expired the pharmacy will exchange the drug to PBF. (C) if the drug supply runs out the pharmacy will advise consumers to search the drug runs out to another pharmacy.

scholarly journals Implementasi Self Determination Rights dan Kedaulatan Negara di Indonesia

2019 ◽  
Vol 2 (1) ◽  
pp. 19-28
Author(s):  
Maryati B
Keyword(s):  
Self Determination ◽  
Present Moment ◽  
Political Rights ◽  
Legal Basis ◽  
Cultural Rights ◽  
The People ◽  
Qualitative Descriptive ◽  
Civil And Political Rights ◽  
The Right ◽  
Analyze Data

The success of the rights to self determination affects state sovereignty, in contrast to the successful use of the rights of self determination. This study collects literature materials through the study of textbooks and access the internet to obtain data and use qualitative descriptive methods to analyze data and penguliisannya. The question is: Can self-determination rights, especially rights to self-determination, be used at any time or in any country at the present moment, after colonialism is almost erased on earth? After Indonesia ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in December 2005, are the Indonesian people free to use self-determination rights, both of which are rights to self determinants or rights of self determination? The rights of self-determination are also common, but in Indonesia it failed to transform the unitary state into a federation in 1999. With the ratification of the two Covenants, the people of Indonesia are not free to use rights to self-determination as well as the rights of self-determination because in both ratifying laws , Law Number 11 Year 2005 and Law Number 12 Year 2005 stipulated that the first article of the Covenant was declaration in the sense of exclusion of its ratification including the right to regulate all its resources and resources, so that ratified only other articles other than article 1 If there is also the use of the right to self-determination, there is no legal basis or legality in Indonesia.

PEMBATALAN UANG MUKA DALAM PERJANJIAN PESANAN MENURUT HUKUM EKONOMI SYARIAH (Studi Kasus pada Mebel Jati Ukir Sumber Anugrah Metro Utara)

2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Siti Zulaikha
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Descriptive Research ◽  
Economic Law ◽  
The People ◽  
Inductive Methods ◽  
Qualitative Descriptive ◽  
Islamic Economic

Buying and selling is one form of activity that involves the relationship between humans to meet their daily needs. The problems that occur in the order agreement in Mebel Jati Ukir Sumber Anugrah Metro Utara are the practice of applying advances in order agreements and how the views of sharia economic law apply to the cancellation of advances in order agreements. The purpose of this study is to find out how to apply advances in agreements order and know how the views of sharia economic law on the application of advances in the agreement of orders for Mebel Jati Ukir Sumber Anugrah Metro Utara. The benefit of this study is to be able to add to the scientific repertoire in the field of muam especially regarding the views of sharia economic law on the application of advances in order agreements and as input for the people who make order agreements to pay attention to Islamic economic law provisions so that no party is harmed. This study uses a type of field research research with the nature of qualitative descriptive research. Data sources used are primary data sources and secondary data sources. The data obtained were analyzed using qualitative analysis methods namely inductive methods. Based on the research it can be concluded that the application of advances in the order agreement in teak Mebel Jati Ukir Sumber Anugrah Metro Utara according to Sharia Economic Law is permissible. This is because the furniture owner has provided a period of time for the buyer to settle the remaining payment. So that if the buyer cannot pay off the remaining payment before maturity, then the advance that has been given belongs to the furniture.

scholarly journals IMPLEMENTASI NILAI-NILAI EKONOMI SYARIAH DI PASAR BELAWA KECAMATAN MALANGKE KABUPATEN LUWU UTARA

2017 ◽  
Vol 2 (1) ◽  
pp. 51-69
Author(s):  
Hamzah Kamma ◽  
Fasiha Fasiha ◽  
Sarwia Sarwia
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Economic Values ◽  
Descriptive Research ◽  
Library Studies ◽  
Qualitative Descriptive ◽  
Secondary Data Sources ◽  
Islamic Economic

The purpose of this study was to determine the application of Islamic economic values in the Belawa Market, Malangke sub-district, North Luwu Regency. In this study the authors used a type of qualitative descriptive research. Data sources used are primary data sources and secondary data. Primary data obtained from interviews with traders in the Belawa Market, while secondary data sources were obtained from library studies and documents. There are also data collection techniques used through observation, interviews, and documentation. The results of the study show that sharia economic forms in the Belawa Market are those which traders are not responsible for their merchandise and do not apply fairly to their consumers so that consumers feel disadvantaged and wronged by the treatment of traders and consumers who are not comfortable in conducting transactions conducted by traders irresponsible and unfair traders. The application of Islamic economic values in the Belawa Market is not well organized due to a lack of traders' knowledge of Islamic economic values and there are still some traders who cheat in conducting transaction activities and do not pay attention to ethics in trading in accordance with Islamic law.

scholarly journals OPPORTUNITIES FOR WOMEN AS GUARDIANS OF MARRIAGE IN INDONESIA: AN OVERVIEW IN THE SOCIOLOGY OF ISLAMIC LAW

2020 ◽  
Vol 5 (1) ◽  
pp. 1-20
Author(s):  
Athoillah Islamy
Keyword(s):  
Islamic Law ◽  
Sociological Theory ◽  
Secondary Data ◽  
Data Sources ◽  
Theory Of Change ◽  
Primary Data ◽  
Legal Rights ◽  
Legal Method ◽  
General Law ◽  
The Right

Whether we realize it or not, gender inequality is one of the social problems that we can easily find in people's lives. The problem of gender bias can occur in various aspects of life, including the aspect of legal rights, such as the right as guardian of marriage in Indonesia. This study aims to find a discourse analysis of the opportunities for women as marriage guardians in Indonesia. This study employs empirical normative legal method. The primary data sources are the Compilation of Islamic Law (KHI) and social observation. The secondary data sources used were various other relevant studies. Meanwhile, the theory used as a tool of analysis is the sociological theory of Islamic law from Ibn Qayyim al-Jauzi regarding changes in Islamic law. This study concludes that based on the pattern of equality of gender relations in Indonesian society, granting the right of authority as guardian of marriage to female relatives is a form of istihsan bi al-'urf, the change of law from general law (kulii) to special or casuistic law (juz'i) based on existing culture or custom. This is parallel with Ibn Qayyim's theory of change in Islamic law which makes conditions (ahwal) and culture ('adat) part of the factors of changing Islamic law.

scholarly journals Toleransi Pelencengan Arah Kiblat di Indonesia Perspektif Ilmu Falak dan Hukum Islam

Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 115-138
Author(s):  
Ismail Ismail ◽  
Dikson T. Yasin ◽  
Zulfiah
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Qualitative Descriptive ◽  
The Right

This study discusses the limits of deviation of the direction of qibla that is allowed in facing the direction of qibla in Indonesia. This study uses qualitative descriptive analysis with an astronomical approach and Islamic law approach. The results show that there are two types of tolerance towards the qibla, namely mathematical tolerance, and sociological tolerance. Mathematically, tolerance lies in the ability to face three directions, namely the direction of the Ka'bah, the direction of the holy mosque, and the direction of the forbidden land. Sociologically, the deflection tolerance of the direction of qibla 6 ° bows to the left of the Ka'bah or the right of the Ka'bah. Mathematical qibla direction tolerance is provided for the construction of places of worship such as mosques and small mosques, while sociological of Islamic Law, qibla tolerance is allocated for people who perform prayers.

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