scholarly journals Tradisi Te'nea dalam Perspektif Hukum Islam (Studi Kasus di Desa Majannang)

2020 ◽  
Vol 6 (1) ◽  
pp. 145-158
Author(s):  
Hendra Wijaya ◽  
Fadlan Akbar
Keyword(s):  
Driving Force ◽  
Research Method ◽  
Islamic Law ◽  
Extended Family ◽  
Field Research ◽  
Study Format ◽  
Research Studies

The purpose of this research was to identify the description of te'nea tradition, to recognize the driving force behind the shift in the meaning of te’nea tradition, and to explain the view of Islamic law regarding te’nea tradition in Majannang Village, Parigi District, Gowa Regency. The research method employed field research studies with a case study format through sociological and normative approaches.. The results showed that te'nea tradition was initially conducted merely with the purpose of kinship and eating together with relatives in an effort to commemorate the ancestors of the Pajaiyya extended family. The shift of the meaning of te'nea tradition occurred due to healing phenomenon of a broken leg sufferer in Bungung Toa where the ritual of te'nea took place. The shift of the tradition of te'nea is very fatal because it is suspected to contain shirk which has implications for the haram of this tradition in the perspective of Islamic Law, but if the element of shirk can be eliminated then this tradition will be in line with the teachings of friendship which is mustahab (recommended).

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

Analisis Pembiayaan Dana Talangan Haji untuk  Biaya Perjalan Ibadah Haji

2018 ◽  
Vol 1 (2) ◽  
pp. 228-244
Author(s):  
Asmawarna Sinaga ◽  
Anjur Perkasa Alam ◽  
Fariz Arkan ◽  
Sri Wahyuni Hasibuan
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Interactive Methods ◽  
Islamic Banks ◽  
Data Presentation ◽  
Analysis Techniques ◽  
Collection Data ◽  
Definition Of ◽  
The Cost

  Analysis of the amount of financing the hajj bailout for the cost of the pilgrimage (Case Study of Bank Sumut Syariah Sub-Branch Stabat).Asmawarna Sinaga and Anjur Perkasa Alam. Hajj financing is a loan from a sharia bank to customers to cover the shortage of funds to obtain a seat (seat) Hajj at the time of repayment BPIH (Hajj Travel Expenses). This financing product uses the Qardh Wal Ijarah principle. The purpose of this research is to know the view of Islamic law against financing of Hajj bailout fund and to know the view of Islamic law about ujrah fee on akad of bailout fund of Hajj. This research is field research. The definition of the Hajj bailout is a bailout fund from a bank to a special customer to cover kekurangandana to cover the lack of funds to obtain a portion number at the time to pay the cost of organizing the pilgrimage. The research design uses a qualitative approach with non-statistical analysis While the data analysis techniques use content analysis and interactive methods consisting of data reduction, data collection, data presentation and conclusion. The results of this study note that the akad bailout funds in Islamic banks contain multi-akad, where the contract used qardh and ijarah is allowed. While the view of Islamic law regarding the taking of ujrah fee on hajj bailout fund is not in accordance with sharia due to the percentage of ujrah fee based on qardh fund.

scholarly journals Towards reafirmation of the case study research method: From „building blocks“ and „process tracing“ to typological theories

Sociologija ◽  
2015 ◽  
Vol 57 (1) ◽  
pp. 152-167
Author(s):  
Ivana Milovanovic
Keyword(s):  
Social Sciences ◽  
Research Method ◽  
Case Study Research ◽  
Field Research ◽  
Building Blocks ◽  
Process Tracing ◽  
Case Study Method ◽  
Study Research

This paper represents a contribution to the consideration of the characteristics of the case study research method in sociological researches. In the first part of paper, some specifics of case study method are described, in the second part we represented ways of use of this method in field research. finally, third part of this paper indicates certain ?sub methods? within case study method, such as ?building blocks? and ?process tracing?, which are, at the same time, conditions for developing typological theories. Those ?sub methods? indicate evolution of case study method in social sciences during last few decades, as well as importance of existence and use of such ?elastic? method in all, especially field researches where researcher is facing with a series of cognitive concerns.

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals The role of tacit knowledge in the formation and continuation of architectural patterns case study: garden-houses of Meybud, Iran

2019 ◽  
Vol 43 (1) ◽  
pp. 62-70
Author(s):  
Ahmad Danaeinia Danaeinia ◽  
Masoud Hodaei
Keyword(s):  
Tacit Knowledge ◽  
Research Method ◽  
Field Research ◽  
Natural Context ◽  
Architectural Patterns ◽  
Library Studies ◽  
Research Questions ◽  
Cultural Rules

Human has a dimension of knowledge named the tacit knowledge that the main important part of it is obtained through experience and direct connection with phenomena over time that turns into a pattern. Based on knowledge and intelligent use of it, the garden-house pattern appears to have an unbreakable bond with the nature and the understanding of both social and cultural rules of users. The research questions at first place discuss the role of tacit knowledge in shaping the architecture of garden-houses of Meybud and how this knowledge has appeared in architecture of garden-houses of Meybud. Qualitative research method and data collection method relies on library studies and field research. The results indicate that the patterns of housing in Meybud have shaped based on the recognition of two components of environment (the climate and natural context) and human (social norms), understanding of these two and applying them. The tacit knowledge and reliance on experiences is very influential and the garden-house pattern is institutionalized as the most sustainable pattern of architecture.

scholarly journals MENGUNGKAP REALITAS DENGAN PROYEK SENI SEBAGAI METODE PENCIPTAAN KARYA DALAM MEA

INVENSI ◽  
2017 ◽  
Vol 1 (1) ◽  
pp. 109-127
Author(s):  
Octalyna Puspa Wardany
Keyword(s):  
Research Method ◽  
Scientific Research ◽  
Field Research ◽  
Economic Community ◽  
The Arts ◽  
Asean Economic Community ◽  
The Aesthetic ◽  
The Impact ◽  
Aesthetic Values

The implementation acceleration of ASEAN Economic Community from 2020 to be 2015 is not only impacted on economic and politic. It also brings the impact on the freedom of cultural flow. This situation then need the method and tool to creating arts which enable the artists and the actors in arts to works in other countries or places within ASEAN scope which material is the community reality as fusion form between social and cultural (in this term is arts) and also possible with other fields. Through this paper, the researcher would like to propose a method of creating artworks that is the art project which reveals the reality in community as an effort to contribute in advance and develop Indonesia arts world and unearth the arts in terms of ideas of working, creating process, and artworks. This research method is case study of Tentang Hutan Art Project of gerimisUngu Production by reference review, field research and empirical experience, observation, and interview. Based on this case, it found that (1) The Art Project is a method of creating artworks which based on currently reality in the community that is already examined using scientific research; (2) The Art Project is able to be implemented at any location, including MEA context and for any type of arts; (3) The Art Project is enable arts including their artworks become unity with the live; (4) The Art Project does not abandon the aesthetic values as the content of the artworks.

scholarly journals Transaksi Bisnis Online dalam Perspektif Islam

2020 ◽  
Vol 2 (2) ◽  
pp. 91-102
Author(s):  
Siti Dwi Pujiyanti ◽  
Anis Wahdi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
The Internet ◽  
Library Search ◽  
Business Transactions ◽  
Transaction Process ◽  
Online Business ◽  
Responsible Party

Purpose-The purpose of this research is to find out and explore the online business transactions implemented by the Tokopedia application and online business transactions in the Islamic perspective on the Tokopedia application case study. Methods- This study is a qualitative research method, namely by using the Library Search (Literature Review) field by taking references from several books and sources from websites or the internet. Findings- From the results of this study, it can be concluded that the transaction of buying and selling online on the Tokopedia application is perfectly legal in Islamic law. As long as there is no element of deception or fraud or the desired item is incomplete or defective (not as expected) that occurs during the transaction process. Even if this happens, the responsible party is obliged to return all buyer's money and the sale and purchase is considered invalid because it does not meet the trading agreement.

scholarly journals Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh

2017 ◽  
Vol 1 (2) ◽  
pp. 167-174
Author(s):  
Muhammad Sibawaihi ◽  
Mokhammad Baharun
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Research Approach ◽  
Applicable Law ◽  
Normative Approach ◽  
Moral Sanction ◽  
Preparation Period ◽  
Research Type

Marriage has rules and regulations its implementation. According to Jambi Malay customary law,  there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth  day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by  all society  of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of  research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand  the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded  the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.

scholarly journals PANDANGAN HUKUM ISLAM TERHADAP ADAT TOPO SALIA DI DESA MANINILI BARAT KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG

2020 ◽  
Vol 1 (1) ◽  
pp. 67-79
Author(s):  
Nizrah Nizrah ◽  
Nasaruddin Nasaruddin ◽  
Hamiyuddin Hamiyuddin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
Mutual Cooperation ◽  
Data Collection Technique ◽  
The Village ◽  
Islamic Values

This research has a problem that how is the implementation of the topo salia custom in Desa Maninili Barat, Kecamatan Tinombo Selatan, Kabupaten Parigi Moutong, and what is the view of Islamic law on the topo salia custom. The research method used is a qualitative method that describes field research. In the data collection technique, the writer used the method of observation and direct interviews with informants, namely the village head and several religious figures as well as documentation. Then, the results of the research found that first the topo salia custom is a ritual that is carried out in the month of Rabiul Awal to commemorate the birthday of the Prophet Muhammad. namely on the 12th of Rabiul Awal, this tradition was carried out with the aim of rejecting calamities and making their children live and cultured. Second, according to the view of traditional Islamic law, topo salia does not contradict Islamic law because it contains Islamic values, such as deliberation, mutual cooperation, strengthening friendship, and a form of gratitude to Allah swt.

scholarly journals IMPLEMENTASI AKAD WADIAH DALAM PRODUK TABUNGAN DI BANK SYARIAH MANDIRI DAN TINJAUANNYA MENURUT HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Lulu Rodiyah ◽  
Abd Hadi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Arabic Language ◽  
Qualitative Research Method ◽  
The Core ◽  
Economic Law ◽  
Conventional Bank

ABSTRACT\         Since Sharia Banking Law issued, Sharia bank is blooming and gaining the trust of people in Indonesia. This is showed by the increase of the number of the established Sharia bank in Indonesia. However, in their practice, these Sharia banks are not in accordance with Islamic law. They plagiarize usury principles from conventional bank and just translate it to Arabic language e.g. Sharia savings and Akad Wadiah.In principle, the foundation of this product is correct according to Fiqh due to its Wadiah base. However, in their implementation, Sharia bank may applies Wadiah Yad Dhamanah principle; whereas, Akad Wadiah Yad Dhamanah by name can’t be found in the classical Fiqh literature, and if this principle is further analyzed, two contradicting Akads which are forcibly combined will be found, i.e. Akad Wadiah and Akad Qard.This research is field research, where the researcher involved directly in the field or research object i.e. Bank Syariah Mandiri, Lamongan branch. The data is collected by observing and interviewing the management and the employee of Bank Syariah Mandiri, Lamongan branch, thus the collected data is the core of the research object which then analyzed using Qualitative Research method. The result shows that the application of Akad Wadiah in Bank Syariah Mandiri, Lamongan branch is using Wadiah Yad Dhamanah principle, which is not in accordance with the Sharia Economic Law. Keywords: implementation, Wadiah, Sharia Economic Law. 

Sign in / Sign up

Export Citation Format

Share Document