scholarly journals Tinjauan Hukum Islam Terhadap Pengelolaan Koperasi Kredit (Credit Union) Bina Usaha (BIMA) Kabupaten Sintang

PETITUM ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 157-169
Author(s):  
Anggita Anggriana
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Credit Unions ◽  
Credit Union ◽  
Management Model ◽  
Economic Aspects ◽  
Cooperative Management ◽  
Muslim Communities ◽  
Institutional Credibility

The purpose of this study was conducted to answer the BIMA Sintang Credit Union management model that conforms or not with the values ​​of Islamic law. The research method used is empirical normative to identify the BIMA Sintang Credit Union management model directly in the field connected with the conception related to cooperative management in Islamic law, then analyzed qualitatively and is descriptive. The results of the study revealed that the institutional credibility supported by the principle of equilibrium and fairness carried out by the Sintang BIMA Credit Union greatly influenced the preferences of Muslim communities in strengthening and managing the economy of the Sintang District community. This has proven to bring enormous benefits to agrarian-style people. Although there is an element of usury, the emergency conditions for the absence of Syariah-based credit unions are the basis of permissibility law for Muslim communities in Sintang District. The advice that needs to be given is that an Islamic credit union institution must be built immediately to support the economic aspects of an agrarian-style society. Tujuan penelitian ini dilakukan untuk menjawab model pengelolaan Credit Union BIMA Sintang yang sudah sesuai atau tidak dengan nilai-nilai hukum Islam. Metode penelitian yang digunakan adalah normatif empiris guna mengidentifikasi model pengelolaan Credit Union BIMA Sintang secara langsung di lapangan dihubungkan dengan konsepsi terkait pengelolaan koperasi di dalam hukum Islam, kemudian dianalisis secara kualitatif dan bersifat deskriptif. Hasil penelitian mengungkapkan bahwa kredibilitas kelembagaan yang ditunjang dengan prinsip kesetimbangan dan keadilan yang dilaksanakan oleh Credit Union BIMA Sintang sangat mempengaruhi preferensi masyarakat muslim dalam penguatan dan pengelolaan perekonomian masyarakat Kabupaten Sintang. Hal tersebut terbukti mendatangkan maslahat yang sangat besar kepada masyarakat yang bercorak agraris. Meskipun terdapat unsur riba namun kondisi darurat atas belum adanya credit union berbasis syariah menjadi dasar hukum kebolehan bagi masyarakat muslim di Kabupaten Sintang. Saran yang perlu diberikan adalah perlu segera dibangun lembaga credit union syariah dalam menunjang aspek perekonomian masyarakat yang bercorak agraris.

scholarly journals FENOMENA CADAR DALAM PROSES HIJRAH (Analisa Hukum dan Presepsi Masyarakat Pengguna Cadar)

Bayani ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 30-42
Author(s):  
Ace Somantri
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Muslim Women ◽  
Qualitative Approach ◽  
Muslim Community ◽  
Absolute Necessity ◽  
The Awakening ◽  
Differences Of Opinion ◽  
The Veil ◽  
Muslim Communities

The issue of radicalism and fundamentalism is still in the news aimed at Muslims. The phenomenon of hijrah has become a trend among the Muslim community, Anis Baswedan responded positively as an indication of the awakening of Islam, but there are differences of opinion, according to Ahmad Muzaki that the phenomenon of hijrah must have assistance in order to avoid entering the door of their version of terrorism. One of the phenomena of hijrah is that many Muslim women use the veil / niqob. The formulation of the problem that is used as the limitation of this study is more focused on understanding Islamic law and perceptions of the use of the veil / niqob among the hijrah community. The research method used is through a descriptive qualitative approach. The results showed that there was a diversity of opinions regarding the use of the niqab / veil, giving rise to a diversity of beliefs about the perfection of Muslims (for Muslim women) in believing by using the niqab / veil. Muslim communities who are in the process of hijrah believe that faith is an absolute necessity and must be present in every Muslim. As a consequence of this faith, Muslims are obliged to carry out the stipulated syari'at, including in terms of dress.

scholarly journals Model Perencanaan Kawasan Pertanian di Kabupaten Karangasem, Provinsi Bali Pasca Erupsi Gunung Agung

2019 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Widhianthini Widhianthini ◽  
A.A.A. Wulandira Sawitri Djelantik
Keyword(s):  
Dynamic Modeling ◽  
Research Method ◽  
Agricultural Sector ◽  
Management Model ◽  
Planning Model ◽  
Economic Aspects ◽  
Food Crop ◽  
Economic Growth Rate ◽  
Location Selection ◽  
Agricultural Areas

<p class="ISI-Paragraf">Karangasem is one of the regencies in Bali Province that has potential in the agricultural sector, in addition to Tabanan Regency. Contribution of the agricultural sector of Karangasem Regency amounted to 14.74% of the GDP of Bali Province. Large potential of the agricultural sector can also be seen from the livelihoods of the population, where majority (50.61%) work as farmers (Statistics of Bali Province, 2017). In November 2017, Mount Agung erupted, impacted the development of sectors in Karangasem Regency, including the agricultural sector. This research is intended to determine the competitiveness of the agricultural sector (especially the food crop subsector) and the planning model of agricultural areas in the regency. Location selection is done purposively with the consideration that it has the lowest economic growth rate after Jembrana Regency and has experienced Mount Agung eruption in 2017. Research method used are Shift Share Analysis and Dynamic Modeling. Especially for Dynamic Modeling, an analysis of economic aspects was carried out. Results shows that agricultural sector in Karangasem Regency can still compete with other regions in Bali Province. The agricultural sector, especially paddy fields in the last five years (in 2012-2017), was still able to contribute to the increase of the regency's Gross Regional Domestic Product (GRDP) and community income if the agricultural area management model is implemented in an integrated manner between farmers, Village Credit Institutions, and local customary villages.</p>

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

scholarly journals The Effect of Bundling Trade Association Monitoring and Female Board Representation on Loan Losses in Community Credit Unions

2021 ◽  
pp. 089976402110014
Author(s):  
Anne Marie Ward ◽  
John Forker ◽  
Barry Reilly
Keyword(s):  
Agency Theory ◽  
Credit Unions ◽  
Credit Union ◽  
Trade Association ◽  
Complementary Effect ◽  
Nuanced Understanding ◽  
Board Representation ◽  
Loan Losses ◽  
The Relationship ◽  
Different Levels

Loan book management is important to community credit union survival, particularly in deprived localities. Consistent with agency theory, prior studies of credit unions report an association among individual monitoring mechanisms, trade association monitoring, and female board representation, respectively, and reduced loan losses. This study provides a more nuanced understanding by investigating the moderating influence of these monitoring mechanisms on the relationship between loan losses and deprivation and by considering the effect of bundle combinations of different levels of the two monitoring mechanisms on loan losses. The results reveal that credit unions subject to trade association monitoring have the lowest loan losses. However, in the absence of trade association monitoring, female board representation has a moderating effect on loan losses as deprivation increases. Finally, trade association monitoring and female board representation have a substitutive, rather than a complementary effect on loan losses.

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

Slavery and the Slave Trade in the Sokoto Caliphate

2021 ◽  
Author(s):  
Murray Last
Keyword(s):  
19Th Century ◽  
North Africa ◽  
Islamic Law ◽  
Slave Trade ◽  
Local Markets ◽  
Large Numbers ◽  
Women And Children ◽  
Sokoto Caliphate ◽  
Muslim Communities ◽  
The 19Th Century

Established using a conventional Islamic model of government, the new Muslim state in Sokoto, known as the Sokoto Caliphate (1804–1903), possessed eventually very large numbers of men, women, and children, taken captive (usually when children) in jihad from mainly non-Muslim communities, to serve as slaves. These slaves worked on farms or within households, they might be concubines and bear children for their owners; or they might be sold as children for export to North Africa in payment for the luxury imports the new elite wanted. Slaves were, under Islamic law, deemed “minors” or “half-persons,” and so had rights that differed from those of the free Muslim. By the end of the 19th century there were more slaves on the local markets than could be sold; exports of captives to North Africa had already dropped. For some captives enslaved as children, however, the career as a slave led eventually to high political positions, even to owning many slaves of their own. But slaves’ property, even their children, ultimately belonged to the slave’s owner. Revolts by male slaves were very rare, but escape was commonplace. Concubines, if they ever became pregnant by their owner, could not be sold again. The abolition of slavery c.1903 was slow to become a reality for many individual slaves, whether men or women.

A STEP TOO FAR? THE JOURNEY FROM “BIOLOGICAL” TO “SOCIETAL” FILIATION IN THE CHILD'S RIGHT TO NAME AND IDENTITY IN ISLAMIC AND INTERNATIONAL LAW

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Legal Traditions ◽  
Rights Of The Child ◽  
State Practice ◽  
Legal Position ◽  
The Subject ◽  
Rights Discourse ◽  
Muslim Communities ◽  
Human Rights Discourse

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.

scholarly journals ПЕРЕДУМОВИ ТА ПЕРСПЕКТИВИ РОЗВИТКУ БАНКІВ ВАРТОСТІ

2018 ◽  
Vol 1 (6(18)) ◽  
pp. 47-51
Author(s):  
Комаринець С. О.
Keyword(s):  
Financial Market ◽  
Financial System ◽  
Credit Unions ◽  
Organizational Structures ◽  
The State ◽  
Management Model ◽  
Private Enterprises ◽  
Mutual Assistance ◽  
Savings And Loan ◽  
Public Banks

The state of the modern financial market is not homogeneous. Various organizations act on it, such as world, investment, public, retail, social, church, green, folk and development banks; official and unofficial banking organizations; shadow financial system. Mutual assistance banks, rural banks, credit unions, savings and loan funds are institutions formed on the basis of mutual assistance among people. There are also banks operating in the «western» financial tradition and those operating under the laws of Sharia. Value banks are social, ethical, green and public banks without a definite management model that function in the form of joint stock companies, unions and private enterprises. In the article, the ways of formation, organizational structures, historical and religious preconditions of creation and modern tendencies of development of value banks are viewed.

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

scholarly journals MEDIATION SYSTEM IN DISPUTES OF OWNERSHIP PERSFECTIVE ACADEMIC ISLĀḤ (A Research in Aceh Besar)

2020 ◽  
Vol 10 (2) ◽  
pp. 208
Author(s):  
Riadhus Sholihin ◽  
Oktavi Maulizar
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Document Analysis ◽  
Third Party ◽  
Peace Agreement ◽  
Positive Law ◽  
Field Notes ◽  
Mediation System ◽  
The Village

This article will explain how the authority of village officials in resolving disputes over ownership of aid houses is mediated? To answer the problem above, the writer uses the descriptive analysis research method, where the data obtained is sourced from observations, interviews, photoshoots, document analysis, and field notes compiled by the writer at the research location which is not set forth in the form of figures. From the results of the study it can be seen that based on Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs where village officials have the authority to reconcile disputes that occur within the community by deliberation / mediation and one of the village apparatuses that mediates the parties who disputes to end their disputes peacefully. The consequence of the mediation decision is the termination of the dispute that occurred and the parties agreed to make peace by making a peace agreement and carrying out the agreement accordingly. The concept of mediation in positive law is no different from the concept of iṣlāḥ in Islamic law which involves a third party to reconcile the disputing parties. The content of the agreement of the mediation that has been carried out by the parties, is allowed in Islamic law because the purpose of iṣlāḥ or mediation is to end the dispute.

Sign in / Sign up

Export Citation Format

Share Document