WALI ADHAL DALAM PERNIKAHAN (Penyebab dan Penyelesaiannya Dalam Perspektif Hukum Islam)

Al-MAJAALIS ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 145-178
Author(s):  
Syailendra Sabdo Djati PS
Keyword(s):  
Islamic Law ◽  
Relevant Literature ◽  
Social Economy ◽  
Religion And Law ◽  
Definition Of ◽  
Voluntary Basis ◽  
Descriptive Qualitative

Marriage is a bond between humans on a voluntary basis, according to religion and law. The normative procedure for organizing a marriage is regulated in Law Number 1 of 1974 concerning Marriage. In the implementation of marriage, it must fulfill the pillars in the form of: 1. fiancé, 2. fiancée, 3. marriage guardian, 4. two witnesses and, 5. consent and acceptance. However, sometimes marriage is hindered by a guardian who is reluctant or refuses to marry off which is known as adhal.This study seeks to determine the definition of adhal and adhal guardian and its laws in Islam, the factors that cause guardian to do adhal and how it is resolved in the perspective of Islamic law. The writing method used is descriptive qualitative by looking at data in the field and studying of relevant literature. Factors that cause the occurrence of adhal can be due to fiancédoes not meet the criteria of guardian in terms of origin, nature, social, economy, as well as the  unharmonious relationship between the guardianand the woman under his guardianship, or motives for hurt toward ex-wife.The solution of adhal guardian is to use kinship persuasive advice. If this does not work, the bride and groom can ask for the appointment of a guardian to the Religious Court. After the verdict is issued, the marriage can be carried out with the magistrate guardianand registered at the KUA.

Conceptual Expansion and Approaches to the Concept of Alternative Economy

2020 ◽  
Vol 12 (3) ◽  
pp. 257-282
Author(s):  
Dev Narayan Sarkar ◽  
Kaushik Kundu
Keyword(s):  
Principal Components ◽  
Empirical Studies ◽  
Relevant Literature ◽  
Social Economy ◽  
Economic Networks ◽  
Wide Range ◽  
Qualitative Data Analysis Software ◽  
Definition Of ◽  
Alternative Economy

Researchers have emphasized upon the significance of alternative economy. Inferences from past studies, and the suggestions on the characteristics of alternative economic networks, are manifested in studies concerning multiple disciplines. The present study explores the definitional aspects and the facets of alternative economic networks. The analysis of a wide range of literature, sampled in the present study, employed a disciplined literature discovery process with Max Qualitative Data Analysis software to produce a tabulation of characteristics of “alternative economy”/“community economy”/“social economy.” Furthermore, these characteristics were studied through a statistical content analysis of relevant literature, and an importance-based classification of the characteristics was developed. Principal components analysis was used to distinguish thematic clusters within extant literature. These principal components were used to construct a definition of alternative economy. The present study subsequently analyzed the temporal evolution of the possible characteristics of alternative economy as proposed by scholars. The facets of alternative economy, thus identified, may be utilized for supplementary empirical studies in the context of alternative economic networks.

scholarly journals Standard Quality Banking Services of Islamic Banks

2018 ◽  
Vol 8 (1) ◽  
pp. 301
Author(s):  
Haneen A. Al-Khawaja ◽  
Barjoyai Bardai
Keyword(s):  
Islamic Law ◽  
Theoretical Aspect ◽  
Islamic Banking ◽  
Islamic Banks ◽  
High Confidence ◽  
Banking Services ◽  
Standard Quality ◽  
Definition Of

This research discusses in detail the theoretical aspect of the quality standards of banking services of traditional Islamic banks. The criterion of "Shari'ah Compliance" was added by the researcher to the importance and role of dealing with Islamic banks, the definition of this standard and its importance, how to test it for banks as well as how, without the legitimate commitment of these banks to what is classified as Islamic from the foundation, we focus on the importance of the existence of a legal commitment to any Islamic bank to achieve the quality of Islamic banking services of high quality in accordance with Islamic law and laws to achieve a high confidence in the customers who belong to him and deal with his Conspiracy.

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 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 Criticism of Gender Mainstreaming according to Abdul Karim Zaidan in "Al-Mufassol Fi Ahkam Al-Mar'ah wa Bayt Al-Muslim"

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Abbas Sofwan Matlail Fajar ◽  
Mara Sutan Rambe
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Gender Issue ◽  
Social Economy ◽  
Gender Mainstreaming ◽  
Culture Study ◽  
Politics And Culture ◽  
Academic Problem ◽  
Regulation Changes

AbstractGender Mainstreaming is an action originated from feminism movement closely related to society changes that involves regulation changes, social, economy, politics, and culture. Study about gender issue with all kind of topic that related to religion, especially in Islam, is always catchy to be discussed. In this case, Abdul Karim Zaidan as Islamic jurist in his work “Al-Mufassol Fi Ahkam Al-Mar’ah wa Bayt Al-Muslim” discusses about a life of a woman as a family member as well as a part of society, he carries out academic problem to create an outcome that concern with changing of times, with the aim of reintroducing comprehensively to Moslem women and all Moslems about Islamic Law on women and Islamic household as taught in Islam, and clearly explaining about the rules of life of Moslem women and Moslem family.

scholarly journals Kobiece reguły gry. Spór o kobiety w dialogu Il merito delle donne Moderaty Fonte

Terminus ◽  
2020 ◽  
Vol 22 (3 (56)) ◽  
pp. 209-232
Author(s):  
Maja Skowron
Keyword(s):  
Early Modern ◽  
Lively Discussion ◽  
Ordinary Life ◽  
Querelle Des Femmes ◽  
Unique Character ◽  
Famous Book ◽  
Johan Huizinga ◽  
Definition Of ◽  
Voluntary Basis ◽  
Rules Of The Game

Women’s Rules of the Game: A Dispute over Women in the Dialogue Il merito delle donne by Moderata Fonte This paper concerns Moderata Fonte (Modesta dal Pozzo), a female Venetian writer who lived in the 16th century, and a dialogue she wrote, Il merito delle donne (On the Value of Women), in which seven women gathered in a garden have a lively discussion about men and their flaws. The author of the study presents the book and Fonte’s biography in the context of the early-modern dispute over women (querelle des femmes). She then analyses Il merito delle donne in terms of the functionality of both the genre in which it was written and the convention of play (game) that is relevant to the work, in order to answer the question of the importance of these devices for the topic Fonte raises. Skowron writes about what makes Il merito delle donne different from other dialogues published at the time by women, as well as from Balthazar Castiglione’s famous Book of the Courtier (Il libro del Cortegiano), and in discussing the motif of the play she uses the definition of the ludic element of Johan Huizinga of Homo ludens. She points to the presence of particular determinants of play in Il merito delle donne, wondering how the voluntary basis of the game, limited time and space, imposed rules or a situation different from ordinary life affect the female characters’ freedom to express their opinions in discussion, as well as the reception of the work itself. Il merito delle donne owes its unique character to its form because it allows not only different views in a dispute over women to be presented, but above all it involves the reader in a discussion which does not end with the last page of the dialogue.

scholarly journals RESEPSI MASYARAKAT DAN WISATAWAN TERHADAP KARYA SENI MURAL DI KAWASAN KRUENG DHO DAN KRUENG DAROY KOTA BANDA ACEH

2020 ◽  
Vol 9 (1) ◽  
pp. 70
Author(s):  
Susandro Susandro ◽  
Hatmi Negria Taruan ◽  
Muhammad Ghifari
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Legal Basis ◽  
Literature Study ◽  
Research Results ◽  
The Public ◽  
Islamic Perspective ◽  
Mural Art ◽  
Banda Aceh ◽  
Descriptive Qualitative

AbstrakKarya seni mural berkemungkinan dapat mendorong meningkatkan kepariwisataan, hingga sejalan dengan meningkatnya perekonomian suatu masyarakat atau perihal lainnya. Namun, persoalannya ialah karya seni mural bertentangan dengan suatu ketentuan, khususnya sebagaimana yang terdapat dalam syariat Islam. Secara jelas dinyatakan dalam syariat Islam, dilarang membuat gambar yang menyerupai makhluk yang bernyawa atau memiliki ruh, seperti gambar manusia dan hewan. Akan tetapi, gambar tersebut dapat ditemui di pagar dan dinding-dinding rumah warga di bantaran Krueng Dho dan Krueng Daroy, Kota Banda Aceh. Faktanya, Aceh merupakan satu-satunya provinsi di Indonesia yang menjadikan syariat Islam sebagai landasan hukum Peraturan Daerah. Tujuan penelitian ini tidak bermaksud ‘memperuncing’ kontradiktif tersebut, melainkan ingin mengetahui pandangan masyarakat terhadap karya seni mural dari perspektif Islami dan berbagai kemungkinan dampak lainnya. Guna mencapai tujuan tersebut, penelitian dilaksanakan dengan metode deskriptif kualitatif. Data dikumpulkan dengan cara observasi, melakukan wawancara – terencana maupun tidak terencana – kepada masyarakat yang dianggap relevan, serta studi pustaka. Kemudian hasil penelitian dibangun berdasarkan analisis terhadap data, paparan bagaimana resepsi masyarakat terhadap karya seni mural dari sudut pandang syariat Islam.Kata Kunci: syariat Islam, mural, kontradiktif, resepsi.AbstractMural art is most likely to be able to encourage increased tourism, so that it is in line with plans to increase people's income or other matters. However, the question is the mural art which is opposed to the provisions, especially those relating to Islamic law. Clearly stated in Islamic Shari'a, released images are released that have life or spirit, such as pictures of humans and animals. However, the picture can be found on the fence and walls of the houses of the residents on the banks of Krueng Dho and Krueng Daroy, Banda Aceh City. In fact, Aceh is the only province in Indonesia that makes Islamic Sharia a legal basis for Regional Regulations. The purpose of this study is not to discuss 'trusting' these contradictions, discussing the public about mural works from an Islamic perspective and various other perspective changes. In order to achieve this goal, the study was conducted using descriptive qualitative methods. Data is collected by observation, conducting interviews - unplanned - for the community considered relevant, as well as literature study. Then the research results are built based on an analysis of the data, a presentation about the community of mural art from the perspective of Islamic law.  Keywords: Islamic sharia, murals, contradictions, receptions. 

Thematic Review of Trends in Inclusive Urban Development Studies (2000- 2020)

2021 ◽  
pp. 362-372
Author(s):  
Samuel Medayese ◽  
Hangwelani Hope Magidimisha-Chipungu ◽  
Ayobami Abayomi Popoola ◽  
Lovemore Chipungu ◽  
Bamiji Michael Adeleye
Keyword(s):  
Urban Development ◽  
Urban Space ◽  
Relevant Literature ◽  
Physical Development ◽  
City Development ◽  
The Past ◽  
Thematic Review ◽  
Definition Of ◽  
The City ◽  
Best Parameters

This study followed a chronological review of literature over the past 20 years. This was able to show relationship between inclusivity and physical development. A variety of discussions were looked into including dimension of inclusivity, definition of inclusivity, scales for measurement of inclusivity, methodology for appraising inclusivity, protagonists of inclusivity, and antagonists of inclusivity. The intricacy of the correlations between inclusive physical development and life expectations of residents are improved upon so as to show the similarities of these parameters. The analysis of the relevant literature indicated the process of enhancing the urban space and ensuring that all interest and strata of groups in the human composition are adequately cared for by employing the best parameters from the conceptualization of the city development, all the indicators of inclusiveness are well thought out.

Shariah

2021 ◽  
pp. 17-25
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Islamic Law ◽  
Moral Values ◽  
Daily Lives ◽  
Legal Rules ◽  
Concise Review ◽  
Broad Concept ◽  
History Of ◽  
Definition Of ◽  
The Way

In addition to a concise review of the meaning and definition of shariah, the chapter introduces the sources of shariah, including the two main types of revealed and rational sources and their subdivisions. The history of shariah (“the way to the watering place,” or “the path to correct guidance, salvation, and relief”) is occupied with scholastic developments and the embodiment of what became known as fiqh, which consists mainly of the practical rules of Islamic law that regulate the daily lives of Muslims. Shariah is a broad concept that is not confined to legal rules but comprises the totality of guidance that God Most High has revealed to humankind, pertaining to the dogma of Islam, its moral values, and its practical legal rules.

scholarly journals Higher Education in Innovation Ecosystems

2020 ◽  
Vol 12 (11) ◽  
pp. 4376 ◽  
Author(s):  
Yuzhuo Cai ◽  
Jinyuan Ma ◽  
Qiongqiong Chen
Keyword(s):  
Higher Education ◽  
Relevant Literature ◽  
Special Issue ◽  
Innovation Ecosystem ◽  
Innovation Ecosystems ◽  
Definition Of

While higher education has been considered as both an ‘engine’ for innovation and a ‘catalyst’ for sustainability development, the integration of both the ‘innovation engine’ and ‘sustainability catalyst’ roles is best reflected in higher education’s engagement in innovation ecosystems—the theme of this special issue, including 16 articles dealing with the topic from various perspectives. In this editorial, we outline an overarching framework about the relations between higher education and innovation ecosystem. When elaborating the framework, we provide a new definition of innovation ecosystem and identify three roles of university in innovation ecosystems, based on synthesizing relevant literature. The framework could facilitate readers to comprehend each of the collected articles and find synergy among them.

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