scholarly journals Falsification of Hadith: A Study on the Effects and Solutions

2021 ◽  
Vol 11 (2) ◽  
pp. 977-990
Author(s):  
Firdaus Khairi Abdul Kadir
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Secondary Data ◽  
Economic Life ◽  
Secondary Source ◽  
Online Information ◽  
Religious Leaders ◽  
The Public ◽  
Negative Effect ◽  
Personal Welfare

The two main sources of Islam are the Quran and the hadith of the Prophet. From these two sources, there appear Ijma’ (consensus) and Qiyas (analogic reasoning) as supporting complements to Islamic law. Both sources enable Muslims to apply any injunction (nass) to a new circumstance and create a new injunction. With the advancement of the information technology, these two sources are easily referred through cd, soft wares, online information which provide traditional and modern commentaries on the Quran. While the Hadith has been regarded as a secondary source and covers various aspects of human life in social interaction, economic life and personal welfare. The issue that come to our concern is that how to identify hadith authenticity and sources prior to be considered as Islamic source of reference. This is necessary to prevent Muslims from being exposed to negative effect such as their faith, religious law and other acts of worship. Furthermore, the number of fabricated hadiths keep increasing from day to day thus making the public are often confused about the legitimacy of the practice and source. This paper therefore will focus on the legality of hadiths of the Prophet that involve studying and examining its authenticity and to investigate their impacts on religious beliefs, besides suggesting solutions to the issue. The methodology employed involves analysis of secondary data from books and other modern writings. This study also used other qualitative methods such as interviews with Muslim religious leaders who will provide necessary views concerning the issue.

scholarly journals 'MAQASID AL-SHARIAH' IN ISLAMIC BANKS BEFORE VALUE-BASED INTERMEDIATION IMPLEMENTATION

2021 ◽  
Vol 18 (2) ◽  
pp. 173-189
Author(s):  
Sharifah Faigah Syed Alwi ◽  
◽  
Fateha Abd Halim ◽  
Tengku Dewi Ahdiyaty Tengku Ahmad Mazlin ◽  
Aizurra Haidah Abdul Kadir ◽  
...  
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
Human Life ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Structured Interviews ◽  
The Public ◽  
Library Research ◽  
Banking Institutions ◽  
Banking Operations

Bank Negara Malaysia (BNM) had introduced Value-Based Intermediation (VBI) initiatives to help Islamic banks implement a structuralised form of maqasid al-shariah (objectives of shariah (Islamic law)) in their banking operations. Thus, questions were raised by the public on whether or not Islamic banking institutions in Malaysia had been achieving maqasid al-shariah in their banking operations prior to VBI. This paper aims to discuss the real concept of maqasid al-shariah that should be realised in Islamic banks and investigate whether Islamic banks had truly been achieving maqasid al-shariah in their banking operations before the introduction of VBI. Library research is conducted to obtain information on maqasid al-shariah and the qualitative methodology is adopted to gain information from three bankers representing three Islamic banks in Malaysia via semi-structured interviews. The researchers found that the fundamental concept of maqasid al-shariah in Islamic banks includes the protection of religion, life, intellect, progeny and wealth in human life through the products and services offered by the banks. The Islamic banks were found to have developed their products and services to achieve maqasid al-shariah even before VBI was introduced by BNM. However, with VBI, a proper framework in achieving maqasid al-shariah has been developed.

scholarly journals Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib

2012 ◽  
Vol 12 (1) ◽  
pp. 21
Author(s):  
Eficandra Eficandra
Keyword(s):  
Public Good ◽  
Islamic Law ◽  
Human Life ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
Good For ◽  
Life On Earth ◽  
Goals And Objectives

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.

scholarly journals The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 591
Author(s):  
Dikha San Mahresi ◽  
Akhmad Khisni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Gathering ◽  
Secondary Data ◽  
Customary Law ◽  
Adopted Children ◽  
The Public ◽  
Biological Children

The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological  children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary

scholarly journals An analysis of maṣlaḥah based resolutions issued by Bank Negara Malaysia

2019 ◽  
Vol 12 (1) ◽  
pp. 89-102 ◽  
Author(s):  
Suheyib Eldersevi ◽  
Razali Haron
Keyword(s):  
Design Methodology ◽  
Islamic Law ◽  
Secondary Data ◽  
Advisory Council ◽  
Comparative Approach ◽  
Content Type ◽  
The Public ◽  
Broad Concept ◽  
Islamic Jurisprudence ◽  
The Impact

Purpose This study aims to examine the resolutions issued by the Sharīʿah Advisory Council of Bank Negara Malaysia (SAC-BNM), which have recognized maṣlaḥah (public interest) as the basis of ruling to see the extent of its usefulness to the public and the extent of its adherence to the maṣlaḥah parameters. The study will also look into the opposing opinion to identify the basis of rejection and overall implication on Islamic finance based on opposing opinions of SAC-BNM and other bodies of collective ijtihād (juristic interpretation). Design/methodology/approach The study uses a qualitative approach by analyzing the SAC-BNM resolutions, which have been resolved based on maṣlaḥah. The study also applies the comparative approach by comparing the fatwa (Sharīʿah pronouncement) issuing bodies of Malaysia and the Gulf Cooperation Council countries. Furthermore, the secondary data is obtained from sources such as uṣūl al-fiqh (theory of Islamic jurisprudence) books, papers and relevant internet sources. Findings The study found that SAC-BNM’s resolutions are in line with some of the major maṣlaḥah parameters mentioned in the uṣūl al-fiqh sources i.e. must not contradict with the Qurʾān and the Sunnah. While looking at the other two criteria of being in line with ijmāʿ (consensus) and having a general impact, such resolutions might not fulfill the criteria of valid maṣlaḥah considering, respectively, the stand of collective ijtihād or the impact on the group of customers and institutions. Originality/value Most available shari’ah (Islamic law) research considers the perspective of fiqh (Islamic jurisprudence) while analyzing the issue of maṣlaḥah. This study aims to conduct analysis based on uṣūl al-fiqh. Moreover, maṣlaḥah itself is a broad concept, which can be abused. Hence, this study discusses the parameters of maṣlaḥah to understand the validity of an important juristic tool in Sharīʿah.

scholarly journals Tawkil Traditions in the Implementation of Marriage Contract in Aceh, Indonesia

2019 ◽  
Vol 2 (3) ◽  
pp. 210-218
Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Human Life ◽  
The Public ◽  
Religious Law ◽  
Marriage Contract ◽  
History Of ◽  
The One ◽  
The Guardian

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.

scholarly journals Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm

2020 ◽  
Vol 2 (2) ◽  
pp. 100-114
Author(s):  
Siti Kasiyati
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Normative Study ◽  
Human Welfare ◽  
The Public ◽  
Literary Research ◽  
Substantive Justice ◽  
The Law

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.

scholarly journals GOOD CORPORATE GOVERNANCE (GCG) PRINCIPLE IN SHARIA BANKING: AN ISLAMIC LAW PERSPECTIVE

2021 ◽  
Vol 5 (2) ◽  
pp. 242
Author(s):  
Suryani Suryani ◽  
Yudi Ahmad Faisal ◽  
Muhammad Anwar Fathoni ◽  
Lukman Santoso
Keyword(s):  
Corporate Governance ◽  
Islamic Law ◽  
Human Life ◽  
Rapid Development ◽  
Islamic Banking ◽  
Business Decision ◽  
The Public ◽  
Good Corporate Governance ◽  
Maximum Protection ◽  
Banking Development

The implementation of Islamic economy in Indonesia is due to the fact that Islam has a comprehensive and universal teaching in all human life aspects, including economy. One encouraging Islamic banking development in Indonesia is indicated by the operation of banks accommodating the Sharia principles. The rapid development of Sharia banking requires an immediate implementation of Good Corporate Governance (GCG) System to provide a maximum protection for the stakeholders, especially customers. The implementation of GCG is expected to help Sharia banking minimize the poor financing quality, increase the bank assessment accuracy, infrastructure, and business decision making quality as well as become the early detection to high risk business areas, products, and services. The implementation of GCG system is greatly important since Sharia banking is the intermediary institution requiring the public or stakeholders’ trust.

Between Islamic law and science : Contemporary Muftis and Muslim ethicists on embryo and stem cells research

2008 ◽  
Vol 2 (1) ◽  
pp. 27-50
Author(s):  
Vardit Rispler-Chaim
Keyword(s):  
Stem Cell ◽  
Scientific Community ◽  
Islamic Law ◽  
Human Life ◽  
Embryo Research ◽  
Short Life ◽  
Islamic Theology ◽  
The Public ◽  
Law And Science ◽  
Short Life Expectancy

In practice, stem-cell and embryo research have encountered little resistance in Arab and Islamic countries, and it is already in progress in Egypt, Iran, Turkey, Malaysia, and elsewhere. The Islamic scientific community is largely free of religious inhibitions that jeopardize attempts of scientists in Christian oriented countries, for example, to engage in embryo and stem-cell research. The reason lies with the nature of Islamic medical ethics. According to this ethical system, obtaining knowledge is a human’s duty, and an act of faith. Also, science is revealed by Allah to humans to serve humankind, and human life must be saved by all possible means. According to Islamic theology, “humanity”/the soul, is inspired into the fetus only at 120 days of pregnancy. Therefore, the use of fetuses younger than 120 days in research, and especially if sick or disabled and with a short life expectancy, if born alive at all, is not prohibited, provided that certain stipulations are followed. The use of superfluous zygotes in research is also encouraged, instead of their simply being destroyed. The principle that guides the ethics is that the public good [maslaha] gained from the fruits of the research outweighs the harm [darar]. The research is welcomed.

scholarly journals Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom

2018 ◽  
Vol 1 (1) ◽  
pp. 177
Author(s):  
Sri Endah Wahyuningsih ◽  
Muchamad Iksan
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
The Public ◽  
Qualitative Descriptive ◽  
Approach Method ◽  
Descriptive Method ◽  
The Ideal ◽  
Laws And Regulations

Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution.

scholarly journals Pengaruh Faktor Internal Dan Eksternal Terhadap Nilai Pembiayaan Murabahah Pada Perbankan Syariah Di Indonesia Periode Januari 2015-Juli 2018

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Bhaswarendra Guntur Hendratri
Keyword(s):  
Islamic Law ◽  
External Factor ◽  
Third Party ◽  
Islamic Banking ◽  
Internal Factor ◽  
The Public ◽  
Equivalent Rate ◽  
Negative Effect ◽  
Internal And External Factors ◽  
Positive Effect

Bank of Sharia is a bank that in its activities, both raising funds and in the context of channeling funds, provides and imposes compensation in accordance with Islamic law. Its activities does not charge interest, or does not pay interest to customers. Rewards received by Islamic banks, as well as those paid by customers depend on the contract and agreement between the customer and the bank. Related to the transaction contract practiced by Islamic banking. The mura>bah}ah contract is the contract that is most sought by the public. This contract dominates other contracts such as musha>rakah, mud}a>rabah, salam, istis}na>’, qard} and ija>rah. The purpose of this study is to analyze the influence of internal and external factors of Islamic banking, namely third party funds (DPK), capital adequecy ratio (CAR), number of sharia bank offices, equivalent rate (ER), and inflation on the amount of mura>bah}ah financing in Islamic banking in Indonesia. The analytical method used in this study is multiple linear regression. The results of this study indicate that third party funds (DPK), capital adequecy ratio (CAR), number of sharia bank offices, equivalent rate (ER), and inflation together have a positive effect on the value of mura>bah}ah financin.  Partially, third party funds (DPK) have an influence positive towards mura>bah}ah financing. While the number of sharia bank offices and equivalent rate (ER) has a negative effect on mura>bah}ah financing. Then, capital adequecy ratio (CAR) and Inflation have no effect on the amount of mura>bah}ah financing. Keywords: Mura>bah}ah financing, External factor, Internal factor

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