scholarly journals Pemaksaan Zakat oleh Pemerintah dalam Perspektif Hukum Islam dan Penerapannya di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 78-97
Author(s):  
Khaerul Aqbar ◽  
Sulkifli Herman ◽  
Asri

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.

2018 ◽  
Vol 22 (1) ◽  
pp. 1 ◽  
Author(s):  
Aden Rosadi ◽  
Deden Effendi ◽  
Busro Busro

Abstract: The Development of Waqf Management Throught Waqf Act in Indonesia (Note on Republic of Indonesia Act Number 41 of 2004 regarding Waqf). Waqf is an Islamic endowment of property to be held in trust and used for a charitable or religious purpose. The development of waqf law in Indonesia, as one of religious institutions, is the realization of Muslim community needs to fulfill their religious life. The object of waqf that formerly was focused on immovable objects, with the presence of the Act has been broader to movable property, especially money waqf. This paper describes the urgency of civilization and the dynamics of waqf both from the side of law and its management in the context of people prosperity. By using library research that use qualitative data, this paper found the existence of waqf, normatively lies not only in the individual obligations, but also in social meaning in the context of collective obligations involving mawqûf bih (the property), wâqif (the person creating a waqf), nazir (the supervisor/manager of waqf), mauqûf ‘alayh (waqf users), and the government through legislation. Basically, the Republic of Indonesia Act Number 41 of 2004 regarding Waqf is based on the philosophical, sociohistorical, and juridical foundation.


2017 ◽  
Vol 15 (1) ◽  
pp. 37-50
Author(s):  
Noraida Harun ◽  
Jady @ Zaidi Hassim

Corruption in the public and private sector has become a major problem to the government. Corruption is a serious problem that has become a topic of debate lately, especially in the mass media. Several negative effects will arise as a result of this corruption problem. The main objective of this paper is to analyse the prevailing corruption in land administration. Thus, the trend of corruption in land administration is deeply rooted and it could jeopardize public confidence in the institution of land office. This paper aims to identify the factors of the problem of corruption, recommendations and solutions to curb these crimes from occurring and to identify whether Malaysian Anti-Corruption Commission (MACC Act 2009) is able to provide solutions to the problems of the crime. The library research and content analysis method are being used in this study. The finding of this research shows that there are several factors of corruption have been identified occurring in the land administration. The MACC Act 2009 appears to have a lot of loopholes in the effort to curb the problem of corruption. This study will highlight some of the proposed recommendations according to Islamic perspective to ensure the interests and rights of all parties involved.   Keywords: corruption, land administration, Malaysian Anti-Corruption Commission Act 2009, recommendations and solutions according to Islamic law.   Rasuah dalam sektor awam dan swasta telah menjadi satu masalah utama bagi kerajaan. Rasuah merupakan gejala serius yang sering menjadi topik perbincangan sejak akhir-akhir ini terutamanya dalam media massa. Di samping itu juga, pelbagai kesan negatif yang akan timbul akibat daripada masalah rasuah ini. Objektif utama penulisan ini di buat adalah untuk melihat gejala rasuah yang berlaku dalam pentadbiran tanah. Justeru itu, trend jenayah rasuah dalam pentadbiran tanah yang semakin meningkat amatlah membimbangkan kerana ia boleh menggugat kepercayaan orang ramai terhadap institusi pejabat tanah. Kertas kerja ini bertujuan untuk mengenal pasti punca masalah rasuah, beberapa cadangan penambahbaikan dan jalan penyelesaian bagi mengekang jenayah ini dari terus berlaku. Perbincangan ini turut mengupas Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 (ASPRM 2009) adakah mampu memberi penyelesaian kepada permasalahan jenayah ini. Kajian kepustakaan dan kaedah analisis kandungan digunakan dalam kajian ini. Hasil kajian mendapati terdapat beberapa punca masalah rasuah yang telah dikenal pasti berlaku dalam pentadbiran tanah dan ASPRM 2009 turut dilihat masih longgar dalam usaha untuk mengekang masalah rasuah ini. Penulisan ini akan mengutarakan beberapa cadangan penambahbaikan menurut perspektif Islam dalam menjamin kepentingan dan hak-hak semua pihak yang terlibat.   Kata kunci: rasuah, pentadbiran tanah, Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009, cadangan dan penyelesaian menurut undang-undang Islam.


2017 ◽  
Vol 22 (1) ◽  
pp. 1
Author(s):  
Ja'far Ja'far

Al Washliyah merupakan satu di antara banyak organisasi Islam yang menolak paham dan gerakan terorisme di Indonesia. Artikel ini mengkaji respons Al Washliyah terhadap terorisme. Kajian ini menarik dilakukan, sebab organisasi ini memiliki pengikut yang fanatik dan mengelola amal usaha yang banyak, tetapi masih relatif jarang diteliti oleh para peneliti. Kajian ini merupakan studi lapangan (library research) dimana sumber datanya diperoleh dari kegiatan wawancara dan studi dokumen. Data dianalisis dengan menggunakan metode analisis data menurut Miles dan Huberman: reduksi data, pemaparan data, dan penarikan kesimpulan. Didasari dengan teori Matusitz, Pranawati, dan Golose tentang doktrin terorisme dimana gerakan ini ingin mendirikan negara Islam, memaknai jihad sebagai perang, anti terhadap non-Muslim, dan melegalkan bom bunuh diri, kajian ini akan menelaah respons Al Washliyah terhadap empat persoalan tersebut. Kajian ini mengajukan temuan bahwa Al Washliyah menolak paham dan gerakan terorisme yang muncul dan berkembang di Indonesia, dan para ulamanya menilai bahwa kaum teroris telah salah dalam memahami ajaran Islam. Temuan kajian ini dapat berkontribusi bagi pemerintah dalam upaya menanggulangi gerakan terorisme di Indonesia. Al Washliyah is one of Islamic organizations that rejects the concept of terrorism in Indonesia. This article examines Al Washliyah's responses to terrorism. This study is interesting because this organization has fanatic followers and manages many business charities, but rarely investigated by researchers. This research is field studies where the data sources obtained from the interviews activities and document studies. Data were analyzed by using data analysis method according to Miles and Huberman: data reduction, data display, and conclusion. Based on the theory of Matusitz, Pranawati, and Golose about terrorism doctrine in which the program wants to establish an Islamic state, interpret jihad as war, anti to non-Muslims, and legalize suicide bombings, this study will examine the Al Washliyah's responses to those four issues. This study proposes that Al Washliyah rejects the concept of terrorism which appears and develops in Indonesia, and ulama consider that terrorists have misunderstood on Islamic concept. The findings of this study may contribute to the government in combating terrorism movement in Indonesia.


2020 ◽  
Vol 21 (2) ◽  
pp. 182
Author(s):  
Muh Arif Royyani ◽  
Muhammad Shobaruddin

<p><span lang="EN-US">Islam has comprehensive roles in some aspects of human activity. It enlarged from theological aspect to political aspects. Some former colonized countries where Islam was coexisted, this religion became an embryo of nationalist movements during colonization era. This essay scrutinizes the role of Islam in escalating nationalism during colonization era and it relation with the states in post colonization era in four former colonized countries namely Brunei Darussalam, India, Indonesia, and Malaysia. By using comparative method, the essay researched some main literature (library research) related to Islam and nationalism. It was founded that Islam has significant roles in nationalist movement in the four analyzed countries through several channels. Meanwhile, in the post-independence era, the relation between Islam and state system are variably. In India, Islam is separated from state system (secular). In contrast, Islamic ideology became the main sources of state system in Brunei Darussalam (adopted entirely) and Malaysia (adopted partially). Then, Islam in Indonesia seems like “a gray zone” because the country does not using Islamic law but still adopting Islamic thoughts in several cases. </span></p>


2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract


2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Abd Hadi Borham

The development of communication and information technology (ICT) has been developed by the government since the 1980s. This development has contributed to the increasing use of the internet as a new medium for the purpose of partnership, business and knowledge. This socio-cultural change, based on the new media, has led to the receipt of information and forming a new environment in all aspects including religious life. The development of the internet in Malaysia has given a direct impression on the development of Islamic da'wah. Today's society gains exposure to Islam easily through social media such as facebook, newsgroups, e-groups and others. Therefore, this article aims to examine the impact of the new media toward Islamic da'wah. Data was obtained on library research through secondary data such as journal articles, government reports, books etc. Analysis shows that the flooding of Islamic information in the new media has affected the da’wah among internet users especially in the acceptance of Islamic understanding in aqidah, ibadah and akhlak


First Monday ◽  
2014 ◽  
Author(s):  
Katy E. Pearce ◽  
Deen Freelon ◽  
Sarah Kendzior

This study examines civic activities under an authoritarian state — Azerbaijan — focusing on how the Internet may influence them. The role of the Internet in political and civic engagement is a subject of debate in any society. But Azerbaijan offers a unique vantage point to study the Internet’s effect on engagement because it views the Internet as an extension of sovereign dominion and controls online discussions. The government maintains the same view of the Internet as it does towards non–governmental engagement: it is unacceptable because it occurs outside state parameters. Using two nationally representative datasets from 2011, logistic regression analysis found that the Internet is associated with public civic engagement (and some forms of private civic engagement) but not with political government engagement. All results were robust to demographic controls, strengthening confidence that the Internet was at least indicative of, if not contributory to, civic life in Azerbaijan outside of the government.


2021 ◽  
Vol 1 (2) ◽  
pp. 34-50
Author(s):  
Nur Afni

The management of zakat in relation to economic empowerment means that zakat as an asset of an Islamic economic institution, zakat is a source of strategic potential funds for efforts to build the welfare of the people. Because of that, the Koran gives a sign that the zakat collected is managed appropriately and effectively. The purpose of this research is to describe how the management and distribution of zakat to improve the social welfare of society. The type of research used in this research is library research or library research conducted by collecting data or scientific papers aimed at the research object. The results of the discussion in the article are; 1) in the process of managing zakat, it can be realized seriously, of course, this needs to be supported by good management, as was done in the early days of Islam. Managing zakat effectively and efficiently needs to be managed properly. Therefore, the management of zakat provides the application of modern management functions. 2) Zakat must be distributed to mustahik under Islamic law. 3) the distribution of zakat is carried out based on a priority scale, with due observance of the principles of equity, justice, and territoriality, and 4) Zakat is distributed through two distribution models directly or consumptive zakat, and indirect distribution, namely productive zakat.             


2018 ◽  
Vol 17 (2) ◽  
pp. 189
Author(s):  
Soegeng Wahyoedi ◽  
Hery Winoto

ABSTRACT The role of Islamic banking in the national economy becomes more strategic as the government is facing fiscal limitation in funding the development. The growth of Islamic banking, a bank managed by implementing the principles of Islamic law, has not been satisfactory. This can be examined by referring to the role of Islamic banking in national banking which is  till in the rate of less than 5 percent. This research aims to observe the influences of religiosity and service quality on trust and customer loyalty, as well as to observe the influence of trust on customer loyaltyof Islamic Bank in Bogor. By collecting 76 samples of Islamic bank customers in Bogor and utilizing structural equation modeling partial least square (SEM-PLS) as the technique of analysis, it is revealed that the aspects of religiosity and service quality are influential on loyalty if it is supported by trust. Meanwhile, the trust itself has a positive influence on loyalty. The finding implies that to increase the loyalty of Islamic bank customers, customer trust should be built. 


2019 ◽  
Vol 15 (10) ◽  
pp. 64
Author(s):  
Shams Osama Haikal

In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī&rsquo;ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.


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