scholarly journals Pembagian Harta Warisan Sebelum Pewaris Meninggal Dunia dalam Tinjauan Hukum Islam (Studi Kasus di Desa Gentungan Kecamatan Bajeng Barat Kabupaten Gowa

2021 ◽  
Vol 2 (3) ◽  
pp. 363-379
Author(s):  
Hendra Wijaya ◽  
Sa'adal Jannah ◽  
Farida Aprianti ◽  
Hasmira Hasmira
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Inductive Approach

This study examines the distribution on inheritance before the heir dies in the Gantungan community. The perpose of this research is to find out; implementation of the distribution on inheritance before the heir dies, as well as the distribution of inheritance before the heir dies in a review of Islamic law. This research uses qualitative research throught normative theological approach and inductive approach. The results show that the implications of the distribution of inheritance process by giving inheritance to the heirs before the oewner of the property dies, but some of them divide the inheritance after the heir dies. People in general do not understand the timing of the distribution of inheritance, the type of inherited property and the process of dividing the inheritance. As for when viewed from Islamic law, then this a grant because in Islamic law inheritance occurs because of the principle of death.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

Program Fajar Indah Sebagai Media Dakwah dalam Meningkatkan Pemahaman Keagamaan Masyarakat

2020 ◽  
Vol 5 (1) ◽  
pp. 21-38
Author(s):  
FAISAL AKBAR ◽  
Syamsuddin RS ◽  
Dadan Anugrah
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Data Collection ◽  
Islamic Law ◽  
Public Trust ◽  
Broadcast Communication ◽  
Lecture Method ◽  
Radio Broadcast ◽  
Religious Understanding

Penelitian ini bertujuan untuk mengetahui metode Program Fajar Indah yang ada di Radio Citra Progo dalam meningkatkan pemahaman keagamaan masyarakat, mengetahui klasifikasi da’i pengisi program Fajar Indah, serta pesan dakwah dari program Fajar Indah. Penelitian ini menggunakan penelitian kualitatif dengan metode deskriptif. Pengumpulan data dalam penelitian ini menggunakan teknik observasi, wawancara dan dokumentasi. Analisis data digunakan penafsiran logika yang dihubungkan dengan konteks Komunikasi Penyiaran Islam. Hasil penelitian menunjukan bahwa Radio Citra Progo dalam program Fajar Indah menggunakan metode ceramah dengan pembawaan da’i yang santai ketika siaran. Adapun klasifikasi da’i dalam siaran dakwah ini, dapat dilihat dari wawasan keilmuan penyiar dalam menguasai Al Quran dan Hadist sebagai sumber hukum Islam dan kedisiplinan untuk menjalankan tugas sebagai da’i penyiar radio. Dalam siaran Program Fajar Indah terdapat pesan dakwah berupa materi Aqidah untuk meningkatkan kepercayaan masyarakat kepada Allah, mengimani rukun Iman dan rukun Islam, serta materi Akhlak yang diperintahkan oleh Allah dan dicontohkan oleh Nabi Muhammad SAW, materi Ibadah yang menyampaikan tatacara beribadah kepada Allah meliputi hukum pernikahan, hukum bertetangga, shodaqoh, sholat, puasa dan menyampaikan materi tentang hari-hari besar umat Islam. This study aims to determine the methods of the Beautiful Fajar Program on Radio Citra Progo in improving people's religious understanding, knowing the classification of preachers for the Fajar Indah program, and preaching messages from the Fajar Indah program. This study uses qualitative research with descriptive methods. Data collection in this study uses observation, interview and documentation techniques. Data analysis used the interpretation of logic connected with the context of Islamic Broadcast Communication. The results showed that Citra Progo Radio in the Fajar Indah program used a lecture method with a relaxed nature when broadcasting. The da'i classification in this da'wah broadcast, can be seen from the broadcaster's scientific insights in mastering the Qur'an and Hadith as a source of Islamic law and discipline to carry out their duties as radio broadcast preachers. In the broadcast of the Fajar Indah Program there is a da'wah message in the form of Aqeedah material to increase public trust in God, faith in the pillars of faith and pillars of Islam, as well as moral material ordered by God and exemplified by the Prophet Muhammad, the material of worship which conveys the procedure of worship to God including marriage law , neighborly law, shodaqoh, prayer, fasting and delivering material about the Muslim holidays.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

scholarly journals Metode Pembelajaran Bahasa Arab (Studi Kasus di Pondok Modern Zam-Zam Muhammadiyah Cilongok Banyumas)

2017 ◽  
Vol 5 (1) ◽  
pp. 135-150
Author(s):  
Kusnan Kusnan
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Problem Based Learning ◽  
Boarding School ◽  
Islamic Education ◽  
Learning Method ◽  
Combined Method ◽  
Interactive Analysis ◽  
The Third

Arabic is the language of Muslim’s holy book, and reading  it is obligatory for Muslims. In Islamic education, Arabic is the language that should be mastered as a means of understanding the original texts of the source of Islamic law. One of the important thing in learning Arabic is the method. Zam-Zam Muhammadiyyah Modern Islamic Boarding School implements a diffent model and method of learning Arabic compared to other Islamic boarding schools in the district of Cilongok. This is a qualitative research, through a case study using interview, observation and documentation techniques for collecting data and interactive analysis for analying data. The findings of this research are three models of Arabic learning in Pondok Pesantren. The first model is khiwar or muhadatsah, the second is mufrodat walls intended to make students familiar with Arabic vocabulary, and the third is Lughoh. The method and model of Arabic learning in the institution as described above is a combined method. There are at least three methods used, i.e. Communicative Problem-Based Learning Method, Audiolingual Method, and Grammar-Translation Method.

scholarly journals KONTRIBUSI POSITIF ORIENTALISME: KAJIAN ATAS REINHART DOZY (1820-1883 M)

2020 ◽  
Vol 20 (1) ◽  
pp. 85
Author(s):  
Ghulam Falach
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Great Influence ◽  
Literary Work ◽  
Comprehensive Understanding ◽  
Islamic History ◽  
Library Research ◽  
History Of ◽  
And Function ◽  
Islamic Civilization

The main focus of Orientalist thought is nothing but to reconstruct and influence Islamic civilization. Their enthusiasm to activate orientalism is increasingly challenged by the presence of Islam as a religion that has followers of most of the world's population. One of the actions of orientalism towards the Islamic world is to start a research movement on the Qur'an and al-Hadith which are the basis of the law and guidelines of Muslims. Not far from the critics of the Qur'an and al-Hadith, they also deconstructed aspects of the development of science, Islamic law, and even the originality of Islamic history. Some famous orientalism figures, one of them is Reinhart Dozy, a famous orientelism from the Netherlands with the concept of literacy in the history of Islamic civilization in Spain. Even though he received a lot of criticism and appreciation from both orientalists and Muslim thinkers, his literary work has had a great influence on Islamic civilization. The discussion steps of this study are entirely carried out using qualitative research that is library research. To be more useful and function properly, this paper is equipped with an explanation using the method of description, interpretation and analysis of data in each discussion. This is done, none other than to focus the discussion to produce a consistent and comprehensive understanding.

scholarly journals KOMERSIALISASI NIKAH SIRI DI DESA PEKOREN KECAMATAN REMBANG PASURUAN JAWA TIMUR

AL-HUKAMA ◽  
2018 ◽  
Vol 8 (1) ◽  
pp. 169-193
Author(s):  
Salman Alfarisi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Religious Leaders ◽  
Operational Cost ◽  
Qualitative Research Method ◽  
Positive Law ◽  
Doing Business ◽  
Operational Costs ◽  
Legal Marriage

This article is a study of the commercialization practice of secret marriage in Pekoren Village, Rembang Subdistrict, Pasuruan Regency, East Java Province. Secret marriage is carried out by the community using a broker service. In carrying out its duties, the broker asks for payment in the form of dowry money for operational costs and paying for the services of the Kyai who marry off. This case was analyzed using the eyes of Islamic law and juridical law. While the method used is a descriptive qualitative research method by collecting data through reading or reviewing the expressions and behaviors observed from the speakers in the field. From the field it is described, that the commercialization of secret marriage in Pekoren Village is a fixation of the price of dowry as an operational cost that uses the services of kyai and brokers to find the type of women wanted by interested person. In Islamic law, secret marriage is a legal marriage with the fulfillment of requirements and pillars of marriage. Brokers in this case can be categorized as buying and selling because of doing business, but it is still not suggested in Islam. In Positive Law, unregistered marriage is not valid because one element is not fulfilled, namely marriage recording. In line with these conclusions, the holders of the marriage registration policy must emphasize the regulation of marriage registration. For religious leaders, should not facilitate the  secret marriage ceremonies which are patterned as pleasure.

scholarly journals PENERAPAN PRINSIP SYARIAH DALAM PEYELENGGARAAN LAYANAN PINJAM-MEMINJAM BERBASIS FINTECH

2020 ◽  
Vol 6 (7) ◽  
pp. 1521
Author(s):  
Basrowi Basrowi ◽  
Julianas Julianas
Keyword(s):  
Qualitative Research ◽  
Information Technology ◽  
Islamic Law ◽  
Service Providers ◽  
Secondary Data ◽  
Accounts Payable ◽  
Financial Transactions ◽  
Financial Technology ◽  
Descriptive Qualitative

This study aims to describe the application of sharia principles in the implementation of fintech-based lending services. The method used in this study is descriptive qualitative research and literature. The data used is secondary data from various relevant and up to date literature. Based on the results of the analysis it can be concluded that accounts payable is an agreement between two parties giving money or goods to a second party to be utilized. In terms of engagement in accordance with Islamic law or according to sharia, contracts through information technology media still have to fulfill harmony and terms of contract. The contract scheme implemented by service providers includes the Wakalah bil Ujrah contract and the Musyarakah contract. In the field of muamalah known as the principle of Islamic law, namely the principle of skill or change. The terms of Ijab Qobul must describe the agreement of the parties to enter into the online debt agreement. To achieve this, it is necessary to apply the principles of Islamic engagement, sharia, into financial transactions and other businesses that are consistently related.Keywords: financial technology, sharia, principle

scholarly journals The Value of Local Wisdom in the Contextualization of Budgeting in Aceh

2019 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Delfi Suganda ◽  
Teguh Murtazam
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
State Regulations ◽  
A Value ◽  
Aceh Province ◽  
Special Area ◽  
Broad Framework ◽  
The Government ◽  
Local Value

Aceh Province is a special area. Acts No. 11 of 2006 concerning theGovernment of Aceh provides freedom in terms of managing the government,especially regarding the implementation of Islamic law in Aceh. Islamic Shari’a isnot only understood as a rule that regulates education, but also about regulation ingovernment management in Aceh. One part of the government is about compilingregional spending in Aceh. This research is focused on budgeting which will becontextualized with Acehnese values, namely the local value of implementingIslamic law in Aceh. Priority indicators for a budget arrangement so that theyfulfill the requirements as ideal budgets according to Islam (Islamic budget ideal).In terms of substance, this research is classified into qualitative research, whichfocuses on the depth and sharpness of the study. So if more quantitative researchis on a broad, broad framework, the qualitative study is digging, swooping, anddeep. Islamic budgeting is a value that in this context wants to be included in thebudget in South Aceh. Based on the results of the study it was found that in terms ofthe determination of post-expenditure it is possible to include the values of IslamicShari’a. In this case the post expenditure is based on maqasid as-Syari’iyah. Interms of revenue, only zakat, shadaqah, and infaq are possible to be contextualized.As for ‘usyr, rikaz, etc., it is not possible because regional revenues from the fiscalside are regulated so rigid in state regulations  

Epistemologi Fikih Filantropi Masa Pandemi Covid-19 di Indonesia

2021 ◽  
Vol 14 (2) ◽  
pp. 345-366
Author(s):  
Wahyu Wahyu Akbar ◽  
Athoillah Ismaly
Keyword(s):  
Qualitative Research ◽  
Literature Review ◽  
Islamic Law ◽  
Moral Values ◽  
Philosophical Approach ◽  
Public Benefit ◽  
Economic Problems ◽  
The Government ◽  
Alternative Solutions ◽  
Epistemological Basis

Handling economic problems in Indonesia during the Covid-19 pandemic necessitates the importance of cooperation from all elements of society with the government in offering various alternative solutions. This study intends to explore and identify the epistemological basis of Islamic law in the construction of the Fatwa Majelis Ulama Indonesia (MUI) Nomor 23 Tahun 2020 Tentang Pemanfaatan Harta Zakat, Infak, dan Shadaqah Untuk Penanggulangan Wabah Covid-19 dan Dampaknya. This qualitative research is in the form of a literature review with a normative philosophical approach. The analytical theory used is the paradigm of idealism and realism of Islamic law. The results of the study state that the epistemological construction of Islamic law in the MUI fatwa Number 23 of 2020 tends to emphasize the idealism paradigm of Islamic law. First, universal ethical moral values ('am) which are taken from the theological text basis (nas). Second, the use of the rules of Islamic law (qawaid fiqhiyah) which emphasizes the rules of maslahah mursalah (public benefit).Third, the opinion of classical scholars.This finding shows that the presence of the MUI Fatwa in responding to contemporary problems is not always based on the realism paradigm of Islamic law, but also based on the idealism paradigm of Islamic law by making the foundations of theological normative texts and the repertoire of classical fiqh thought as the epistemological basis of its fatwa, as well as in addressing socio-economic problems that arise. caused by the Covid-19 pandemic in Indonesia.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Western Civilization ◽  
Normative Approach ◽  
Western Imperialism ◽  
Secondary Data Source ◽  
Data Source

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

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