scholarly journals Salat Jumat Daring dalam Perspektif Hukum Islam

2021 ◽  
Vol 2 (1) ◽  
pp. 110-129
Author(s):  
Fakhrizal Idris ◽  
Muhammad Yusram ◽  
Azwar Iskandar
Keyword(s):  
Direct Evidence ◽  
Islamic Law ◽  
Basic Principles ◽  
Descriptive Research ◽  
Marriage Contracts ◽  
Islamic Jurisprudence ◽  
Qualitative Descriptive ◽  
The Law ◽  
Study Techniques ◽  
Friday Prayer

This study aims to: (i) know the valid requirements of Friday prayers; and (ii) analyze the validity of Friday prayers by online from the perspective of Islamic law. This research is qualitative descriptive research with library study techniques and theological-normative (syar’ī) and philosophical approaches. The results of study show that: (i) Friday prayer is a mandatory worship based on the Qur'an, Sunnah and ijmak, which have the pillars and conditions that must be observed for the sake of validity; (ii) the implementation of Friday prayers y online is invalid. At least this can be reviewed from two aspects; first, aspects of the basic principles and objectives derived from Islamic sharia (maqāṣid al-syarī'ah), where keeping Friday prayers in accordance with the Sunnah of the Prophet Muhammad saw. became part of hifzu al-dīn (keeping religion) so that it should not change the pattern of Friday prayer that the original law is a whole building. Islamic law has given rukhsah for every Muslim who is obliged to pray Friday prayer to replace it with Zuhr prayer when there is something that prevents it; second, the aspect of Islamic jurisprudence review, where Friday prayers require the existence of prayer congregations and is not validly performed individually. Analogizing online Friday prayers with online marriage contracts is incorrect because the law of qiyas must be analogous to the original law that has direct evidence and should not be to legal products or other qiyas results.

scholarly journals Putusnya Perkawinan dan Akibatnya dalam Fikih Munakahat (Studi Analisis Undang-Undang Nomor 1 Tahun 1974 Pasal 38-41)

2021 ◽  
Vol 2 (3) ◽  
pp. 413-431
Author(s):  
Kasman Bakry ◽  
Zulfiah Sam ◽  
Jihan Vivianti Usman
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Marital Problems ◽  
Normative Approach ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
The Law ◽  
Almost All ◽  
Legal Consequences

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.

scholarly journals KONSEP MASLAHAT MENURUT IMAM MĀLIK

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Muhammad Ikhsan ◽  
Azwar Iskandar
Keyword(s):  
Islamic Law ◽  
Great Influence ◽  
The Other ◽  
Islamic World ◽  
Descriptive Research ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
Qualitative Descriptive ◽  
Sociological Approaches

This study aims to analyze: imam Mālik's position in the Islamic jurisprudence map; the concept of maslahat in the perspective of Imam Mālik; and the influence of Imam Mālik's maslahat view in the Islamic world. This research is qualitative descriptive research, using library research and analyzed with historical and sociological approaches. The results of the study found that: first, Imam Mālik bin Anas was one of the imams of the four sects (mazhab) who exerted great influence in Muslims with his ability as a mujtahid and had an independent methodology in conducting the ijtihad; second, one of the most important foundations of Imam Mālik's ijtihad is maslahat. In this case, he actually had similarities with the other ultimate scholars of the four sects. Māliki sect, namely that maslahat -especially maslahat mursalah- is a stand-alone proposition; third, Imam Mālik's assertiveness in positioning maslahat as one of the independent evidences in his ijtihad methodology has stimulated the fiqh researchers to study further explore this so that imam Mālik's fiqh sect can survive to this day and successfully produce phenomenal scientific works that affirm the existence of maslahat as one of the footholds of Islamic law.

scholarly journals TINJAUAN ‘URF TERHADAP BUDAYA EKONOMI DALAM USAHA FOTOKOPI PERANTAU MINANGKABAU DI YOGYAKARTA

2021 ◽  
Vol 20 (1) ◽  
pp. 63
Author(s):  
Mahlil Bunaiya ◽  
Delvy Hamzah ◽  
Mawaddatul Ulfa
Keyword(s):  
Research Methodology ◽  
Islamic Law ◽  
Descriptive Research ◽  
The Past ◽  
Economic Support ◽  
Economic Culture ◽  
Qualitative Descriptive ◽  
The Law ◽  
The City

One of the efforts to meet the needs of the Minangkabau people that they achieve is through migration, as in the economic culture of Minangkabau immigrants from Nagari Atar Batusangkar, Padang Gantiang District, Tanah Datar Regency. About 99% of the imigrants were found in the field involved in Photo Copying businesses scattered in the city of Yogyakarta. The hope is that people's behavior in fulfilling the economy can continue to run well and in accordance with Islamic law. This study aims to explain how Urf's review of the economic culture of Minangkabau migrants in Yogyakarta using a qualitative descriptive research methodology. The results of the study conclude several things, among others: First, according to records in 2015 the number of Minangkabau residents in Yogyakarta reached 10,000 people or around 350 families, and those who run photocopy businesses are 80 families or 155 tablets. Second, the Economic Culture in the photocopy of the Minangkabu Community in Yogyakarta is referred to as 'Urf in Islamic law, because it fulfills several conditions' Urf and the law is mubah. Third, related to economic culture can furthermore be one of the studies that offers siding to the local community's economy which has basically been an economic support since the past in an effort to promote life, as well as' Urf which can then be used as a method and source of Islamic law in its development. economy because it conforms to Islamic principles.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

scholarly journals REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH

Al-Ahkam ◽  
2012 ◽  
Vol 22 (2) ◽  
pp. 161
Author(s):  
Rokhmadi Rokhmadi
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Basic Principles ◽  
The Law ◽  
The Way

<p>Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called <em>ijtihād</em>. Thus, <em>ijtihād</em> is needed on <em>istinbāṭ</em> of law from many arguments of the texts (<em>naṣ</em>), eventhough it is <em>qaṭ’ī</em> in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (<em>ijtihādiyyah</em>). The problem in this case is that even a <em>qaṭ’ī</em> argument according to the most of uṣūliyyūn has not been <em>qaṭ’ī</em> argument in the other <em>uṣūliyyūn</em> opinion. Reconstruction of <em>ijtihād</em> becomes an alternative, with some considerations: <em>First</em>, weight and tightening the requirements to become a mujtahid, which is almost impossible controlled by someone at the present time; <em>Second</em>, the increasing complexity of the problems faced by the ummat which is very urgent to get the solution; <em>Third</em>, let the period without <em>ijtihād</em> (vacuum of mujtahid) is contrary to the basic principles of Islamic law are always <em>sāliḥ li kulli</em> <em>zamān wa makān</em>. This paper present to discuss further about the urgency of the reconstruction of <em>ijtihād</em> in the challenge of modernity.</p><p>***</p><p>Al-Qur<ins cite="mailto:hasan" datetime="2015-02-17T11:11">’</ins>an maupun <ins cite="mailto:hasan" datetime="2015-02-17T11:11">s</ins>unnah sangat membutuhkan pemahaman dan penggalian secara optimal agar isi kandungan hukumnya dapat diterapkan bagi kemaslahatan umat. Cara untuk menggali dan mengeluarkan isi kandungan yang ada dalam kedua sumber tersebut dinamakan <em>ijtihād</em>. <em>Ijtihād</em> sangat dibutuhkan pada setiap <em>isti<ins cite="mailto:muthohar" datetime="2015-01-29T05:30">n</ins><del cite="mailto:muthohar" datetime="2015-01-29T05:30"></del>bāṭ </em>hukum dari dalil <em>naṣ</em>, sekalipun dalil <em>naṣ</em> tersebut bersifat <em>qaṭ'ī</em> yang oleh para <em>uṣūliyyūn</em> sudah di­sepakati tidak menjadi wilayah untuk dijitihadi lagi. Permasalahannya adalah bahwa sesuatu dalil <em>naṣ</em> yang sudah bersifat <em>qaṭ'ī</em> sekalipun oleh sebagian besar <em>uṣūliyyūn</em>, belum tentu dipandang <em>qaṭ'ī</em> oleh sebagian <em>uṣūliyyūn</em> yang lain. Rekonstruksi <em>ijtihād</em> menjadi se­buah alternatif, dengan beberapa pertimbangan: <em>Pertama</em>, berat dan ketatnya persyaratan-persyaratan menjadi seorang mujtahid, yang hampir tidak mungkin di­kuasai oleh seseorang pada masa sekarang; <em>Kedua</em>, semakin kompleksnya per­masalah­an yang dihadapi oleh ummat yang sangat mendesak untuk mendapatkan solusi; <em>Ketiga</em>, membiarkan satu periode tanpa <em>ijtihād</em> (kevakuman mujtahid) adalah bertentangan dengan prinsip dasar hukum Islam yang selalu <em>sāliḥ li kulli zamān wa makān. </em>Tulisan ini hadir untuk mendiskusikan lebih jauh tentang urgensi rekonstruksi <em>ijtihād</em> dalam menghadapi tantangan modernitas.</p><p>***</p><p>Keywords: <em>ijtihād</em><em>, qaṭ'ī, ẓannī</em><em>, uṣūl al-fiqh</em></p>

scholarly journals Penerapan Prinsip-Prinsip Good Corporate Governance dalam Pengelolaan Wakaf Tunai pada Badan Wakaf Uang Tunai MUI Yogyakarta

2020 ◽  
Vol 4 (1) ◽  
pp. 123
Author(s):  
Ananto Triwibowo
Keyword(s):  
Corporate Governance ◽  
Swot Analysis ◽  
Public Institution ◽  
Basic Principles ◽  
Study Approach ◽  
Descriptive Research ◽  
Good Corporate Governance ◽  
Qualitative Descriptive ◽  
The Impact

As a public institution that has a mandate to manage the waqf cash fund, the waqf agency is required to be capable of managing the cash waqf fund and implementing the principles of Good Corporate Governance (GCG) as a form of responsibility to public The impact of the implementation of GCG itself, in addition to improve the level of public trust, will increase the amount of fund accepted by the waqf agency. This research aims to describe the management of cash waqf and to analyze the implementation of Good Corporate Governance (GCG) principles respectively done and in BWU/T MUI DIY in the management of cash waqf. This is a qualitative-descriptive research using a case study approach aimed to describe the reality of the cash waqf management and the implementation of GCG principles in BWU/T MUI DIY. The results were then analyzed or measured using the theories relevant with the issues concerned. In addition, this research used SWOT analysis to observe the strengths, weaknesses, opportunities and challenges in managing the cash waqf faced by the BWU/T MUI DIY. Based on the results of the research, it can be found that in the management of the cash waqf done by BWUT MUI DIY overall has been implemented in accordance with the existing laws, either from legislation, regulation of religion minister, and regulation issued by BWI. Meanwhile for the implementation of GCG principles in the management of cash waqf done by BWUT MUI DIY recently has not been done maximally. Of five basic principles of GCG including transparency, accountability, responsibility, independence and fairness, in fact there are only two principles conducted entirely that is the principle of independence and fairness. On the other hand, the principles of transparency, accountability, and responsibility have not been applied entirely.

scholarly journals Analisa Hukum Islam dalam Meninggalkan Shalat Jum’at pada Masa Pandemi Corona Virus Disease 2019 (Covid-19)

2020 ◽  
Vol 3 (2) ◽  
pp. 200-2015
Author(s):  
Irdlon Sahil
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Virus Disease ◽  
Secondary Level ◽  
Corona Virus ◽  
Life Threatening ◽  
The Law ◽  
Hot Weather ◽  
Friday Prayer ◽  
The Way

This study discusses the legal status of leaving Friday prayers during the Corana Virus pandemic. Based on the source of Islamic law; al-Qur'an, hadith and ijma' ulama. In this study there are four conclusions, first, the scholars agreed that the law of Friday prayer is mandatory for people who are affected by the law of taklif and are in a state of pain, fear of illness, fear of life and property, rain, very cold or very hot weather and the outbreak of a disease such as coronavirus. Second, it is permissible not to perform Friday prayers if there is udzur in the way. It's part of the waiver in the goal of setting the law at a secondary level of need that turns into a primary need because the spread of this virus has been life-threatening. Third, it is obligatory to obey the leader, as long as the policy is not contrary to Islamic law. To measure the conformity of the leader's policy with sharia by referring to a benefit. Fourth, as long as the udzur syar'i is still struck, leaving Friday prayers is no limit.

scholarly journals Royalty Fee Bisnis Waralaba Ritel di Kota Makassar dalam Perspektif Hukum Ekonomi Syariah

2021 ◽  
Vol 7 (1) ◽  
pp. 139-158
Author(s):  
Andi Nur Afifah ◽  
Sohrah ◽  
Muslimin Kara
Keyword(s):  
Islamic Law ◽  
Delay System ◽  
Retail Store ◽  
Descriptive Research ◽  
Economic Law ◽  
Qualitative Descriptive ◽  
The Difference ◽  
Islamic Economic ◽  
Sociological Approaches ◽  
The City

The aim of this research was to determine and understand the royalty fees for retail store franchise business in the perspective of Islamic economic law in the city of Makassar. This research was a type of qualitative descriptive research (non-statistical) using normative, phenomenological, and sociological approaches. Findings of this research revealed that: First, the franchise of company X with its franchisee was in accordance with the Islamic law, there was no element of fraud in terms of contracts and agreements which was implemented in transparency. While, the franchise of company Y and its franchisee, there were different perceptions of policies related to the contract and franchise agreement, namely the absence of a written signing so that it was not in accordance with sharia, but both parties agreed on considerations and amendment policies that made specifically by the franchisee. Second, the implementation of royalty fees between the two companies had been carried out in transparency. The difference of both companies and their franchisees was from the policy of late payment of royalty fees. Company X and its franchisee used a maximum three-month deadline with an interest system, this was not adjusted to Islamic law because interest includes usury. Then, company Y and its franchisee would absolutely not use the delay system policy, because the royalty fee would automatically be deducted from the franchisee's cashback by purchasing products at Company Y.

scholarly journals PENGELOLAAN TANAH WAKAF SEBAGAI SARANA PEMBERDAYAAN MASYARAKAT

2019 ◽  
Vol 17 (1) ◽  
pp. 94
Author(s):  
Musthofa Musthofa
Keyword(s):  
Religious Life ◽  
Basic Principles ◽  
Legal Development ◽  
Islamic Jurisprudence ◽  
Or Practice ◽  
The Law

Legal development aims to establish and secure the implementation of development and its results. The effort that needs to be done to achieve that goal is by reforming the law in a directed and integrated manner and supporting development in various fields as well as legal awareness and dynamics that develop in the ummah. One of the efforts towards the development of law, among others relating to; First, Land, which has been regulated in PP. No. 28/1977 concerning the representation of property as the implementing regulation of article 49 paragraph 3 of the Law. No 5/1960 Basic Principles of Agrarian Affairs. Second, the law (Islamic jurisprudence). Land "waqf", In law (fiqh) Islamic waqf is worth shadaqah jariah or practice whose reward always flows even though the person who has done so has died, as long as the waqf property is still effective. Waqf is a religious facility that closely related to efforts to achieve prosperity and as a means of empowering people. Waqf practices are very significant for socio-economic, cultural and religious life. Therefore, Islam puts the practice of waqf as one of the practices of worship in which the person who works it will be given joy by Allah.

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