Bitcoin As A Means of Transaction and Investment In The Perspective of Islam

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Abdulloh Hamid ◽  
Anis Fittria ◽  
Ubbadul Adzkiya' ◽  
Santi Andriyani

The emergence of bitcoin as a means of transaction and investment in the virtual world is intriguing to be studied. Many countries in the world have different perspectives upon the law of bitcoin itself. In Indonesia, the regulation on electronic money is in Indonesian Bank Regulation Number 20/6/PBI/2018 and MUI Fatwa Number 116/DSN-MUI/IX/2017. However, both have not specifically regulated bitcoin. As something new, bitcoin is necessary to be studied in the perspective of Islamic law. The research is a literature study utilizing content analysis to approach the data. The findings of the results are that bitcoin as a means of transaction is permissible (mubah) since there is a similar handover (taqabudh)--that there is a bitcoin to handover, there is no gambling (maisir), speculation (gharar), haram, riba, and false, and that the transactions is on a willingness basis (antharodin) of the both parties. Second, bitcoin as a means of transaction is haram if there is an uncertainty which is close to gharah and maisir, bitcoin as an investment tool has more damages than benefits.

Author(s):  
Donald R. Davis

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.


Author(s):  
Wan abdul fattah Wan ismail ◽  
Ahmad Syukran Baharuddin ◽  
Fuadah Johari ◽  
Muhammad Aunurrochim Mas’ad

Online financial transaction is not new to the world and has been widespread into Malaysia. It has been applied in various matters including financial. Yet, there are still several issues that need to be clarified within the contekxt of Islamic Law of Evidence in Malaysia. This study gathered relevant data which have been obtained through qualitative content analysis approach towards related reported cases, statutes, and literature. As from the perspectives of Islamic Law of Evidence in Malaysia this paper discusses the concept of online financial transaction and its admissibility, verification procedure of online transaction. It also explains on the issues and challenges behind the application of this kind of transaction. All in all, this study highlights on the completeness of Islam in prividing solution of current issues despite of the changes of time, era, and technology as can be seen in the discussion related to online financial transaction.   Abstrak Transaksi kewangan secara ‘online’ bukanlah suatu yang baru kepada dunia dan telah tersebar sehingga ke Malaysia. Ia telah diaplikasikan dalam pelbagai urusan termasuklah kewangan. Namun, terdapat beberapa isu yang perlu diperjelaskan dalam konteks Undang-Undang Keterangan Islam di Malaysia. Kajian ini mengumpulkan data-data yang relevan diperolehi dari pendekatan analisis kualitatif terhadap kes-kes yang dilaporkan, statut-statut, dan kesusasteraan yang berkaitan. Melalui perspektif Undang-Undang Keterangan Islam di Malaysia, kajian ini membincangkan konsep transaksi kewangan secara ‘online’ dan penerimaannya. Ia juga menjelaskan isu-isu dan cabaran di sebalik pengaplikasian transaksi jenis ini. Secara keseluruhannya, kajian ini menyerlahkan kesyumulan Islam dalam memberi penyelesaian terhadap isu-isu terkini sekalipun berlaku perubahan zaman, masa dan teknologi seperti yang dapat dilihat melalui perbahasan berkenaan transaksi kewangan secara ‘online’.


2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>


2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.


Author(s):  
Ahmad Edwar

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation


2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Syahrial Dedi

The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure.  The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah. Generally the ta'wil method is still considered relevant to the renewal of Islamic law.


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 67-80
Author(s):  
Kh. Awais Ahmed Khawaja ◽  
Muhammad Arif Khan ◽  
Dr.Uzma Begum

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.


2021 ◽  
Vol 21 (2) ◽  
pp. 122-133
Author(s):  
Ismail -

The Will of ‘Wajibah’ has been implemented in several Muslim countries, it is still debated. According to the majority of fiqh scholars, the obligation of will for a Muslim who is close to his death has been abolished by inheritance law. In addition, they argue that a will is ‘ikhtiyâriyah’ or an act of ‘ikhtiyâriyah’, the act depends on a person’s will, and it is not enforced by force (ijbariyah). This study tries to answer the controversy with the sub-problems of the actual concept of the mandatory will, the legal basis used by Islamic juries in determining the law, and how its reforms. This research is qualitative with a literature study and the sources used to include some ‘fiqh’ books and law books. To analyze the data, the author used content analysis methods, through inductive, deductive, and comparative thinking methods. The results of this study indicate that the mandatory will is new ‘ijtihad’ in the treasury of ‘ijtihad’. This concept was born from the reinterpretation of the will and inheritance verses by relating them to the context of today's social life with considerations of benefit or ‘mashlahah mursalah’. Abstrak: Wasiat wajibah meskipun telah berlaku di beberapa negara Muslim, masih mengundang perdebatan, antara lain disebabkan karena menurut pendapat mayoritas atau jumhur ulama fiqh kewajiban berwasiat bagi seorang Muslim yang telah mendekati masa kematiannya itu telah  dihapuskan oleh hukum waris. Di samping itu, mereka juga berpendapat bahwa wasiat adalah perbuatan yang bersifat ikhtiyâriyah, yakni ada tidaknya wasiat tersebut tergantung kepada kehendak seseorang, tidak berlaku secara paksa (ijbâriyah). Penelitian ini, mencoba menjawab kontroversi sebagaimana dikemukakan di atas dengan sub masalah bagaimana sebenarnya konsep wasiat wajibah tersebut, apa landasan hukum yang digunakan oleh para juris Islam dalam menetapkan hukumnya dan bagaimana pembaruan yang terjadi di dalamnya. Jenis penelitian ini adalah kualitatif dengan studi kepustakaan yang menjadikan sejumlah kitab fiqh dan kitab undang-undang sebagai sumbernya. Analisis dilakukan dengan metode konten analisis, melalui metode berpikir induktif, deduktif dan komparatif. Hasil dari penelitian ini menunjukkan bahwa wasiat wajibah sejatinya merupakan ijtihad baru dalam khasanah ijtihad. Konsep ini lahir dari penafsiran ulang terhadap ayat-ayat wasiat dan ayat-ayat waris dengan mengaitkannya dengan konteks kehidupan sosial masyarakat sekarang dengan pertimbangan kemashlahatan atau mashlahah mursalah. Kata-kata kunci: pembaruan, ijtihad, hukum islam, wasiat wajibah


2020 ◽  
Vol 6 (2) ◽  
pp. 289-309
Author(s):  
Sirajuddin Sirajuddin ◽  
Kasjim Salenda ◽  
Abdul Wahid Haddade

This research aimed to analyze the relevance of dismissal of friday prayers in circular letter of south sulawesi governor number: 451.11 / 2057/2020 during covid-19 pandemic from the perspective of maqāṣid al-syarī’ah. This research is library research using a qualitative approach and content analysis techniques. The results of the research conclude that the substance of the circular letter is relevant to the principle of maqāṣid al-syarī’ah which is the core philosophy of the formation of Islamic law in presenting the benefit of mankind in the world and the hereafter, both from the aspect of maqāṣid al-kulliyyah (universal) and maqāṣid al-juz'iyyah (partial) especially maqāṣid in obeying a leader. Therefore, the emergence of the phenomenon of counter attitudes from some people and even preachers towards the policy should not occur.


2020 ◽  
Vol 7 (2) ◽  
pp. 126-138
Author(s):  
Moh. Ismail

Discussing the philosophy of Islamic law gives its own nuances to our scientific discipline. The study of Islamic legal philosophy does not merely discuss how the ideal basis of a law emerges, but rather leads to how a legal event occurs, the basic principles of establishing a law, and the values ​​of its benefits. This study is intended to analyze the philosophy of Islamic law from a review of ontology, epistemology and axiology. The results of this literature study show that Hasbi's discussion of Islamic legal philosophy was simplified into Tashri 'Philosophy, which discusses Mabadiu al-Ahkam (the basic principles of Islamic law), Ushul al-Ahkam (Juridical basis or the ideal basis of Islamic law), Qawaid al -Ahkam (principles of Islamic law), and others. Furthermore, the discussion forms the Shari'ah philosophy in which it describes Asrar al-Ahkam (secrets of Islamic law), Khasais al-Ahkam (specificities of Islamic law), and Mahasin al-Ahkam (beauties of Islamic law). Meanwhile, Muchlis Usman divides three models of methods used in the development of legal philosophy, namely: Pragmatic, Idealistic, and Comparative. They produce various methods in formulating Islamic law. Muhammad Ma'ruf al-Dawalibi divides the method of ijtihad in Islamic law into three groups. Namely the Bayani, Qiyasi, and Istislahi methods. The benefits of studying Philosophy are three dimensions of advantages, namely: Providing a foundation as well as directing the process of implementing the law based on Islamic teachings, Criticizing and correcting the methods and processes of implementing Islamic law, and evaluating the methods and processes of implementing Islamic law.


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