Islamic Law as Legal Tradition and Cultural Identity of the People of Indonesia

2018 ◽  
Author(s):  
Prawitra Thalib ◽  
Faizal Kurniawan ◽  
Hilda Yunita Sabrie
Keyword(s):  
Cultural Identity ◽  
Islamic Law ◽  
Legal Tradition ◽  
The People

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Using the Past and Bridging the Gap: Premodern Islamic Legal Texts in New Media

2018 ◽  
Vol 36 (4) ◽  
pp. 993-1019 ◽  
Author(s):  
Mahmood Kooria
Keyword(s):  
New Media ◽  
Islamic Law ◽  
Legal Tradition ◽  
New Developments ◽  
Digital Platforms ◽  
Historical Texts ◽  
Legal Discourses ◽  
Institutional Structures ◽  
Legal Texts ◽  
Audio Video

This article analyses the internal dynamics of online Islamic legal discourses embedded in their offline and multimedia contexts that use of a rich repository of legal texts composed over a period of about a thousand years. Through their vigorous and spirited engagements with these historical texts, contemporary Islamic jurists simultaneously create new digital platforms in mass and social media to disseminate their ideas. In so doing, they perpetuate a long textual legal tradition through hypertext commentaries and super-commentaries. The premodern texts are thus reborn through new forms ofḥāshiyas such as audio commentaries, video commentaries, audio-video commentaries and hypertext commentaries. These new developments from the age of new media contribute to the textuallongue-duréeof Islamic law. Tracking the peregrinations of three Islamic legal texts in the mass media and cyber world, I argue that the dissemination of premodern Islamic legal texts via cyber space has resulted in the “democratization” of a knowledge-system that was previously dominated by trained fuqahā and affiliated institutional structures and has enlivened the traditional school affiliations.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Place Of Karakalpak Ethnoculture In The Integration Of Society

2021 ◽  
Vol 03 (04) ◽  
pp. 676-688
Author(s):  
Halima Kadirova ◽  
Keyword(s):  
National Identity ◽  
Cultural Identity ◽  
Scientific Article ◽  
Social Changes ◽  
Next Generation ◽  
Way Of Life ◽  
The Past ◽  
Global Space ◽  
The People

This scientific article highlights the place and role of the Karakalpak ethnic culture in the development and preservation of the identity of the people. The authors analyze the culture and life of the modern Karakalpak family, which inherits to the next generation the traditional way of life associated with national holidays and traditions, dastans performed by Karakalpak bakhshi (singers), legends and legends of the past, told by the older generation. The article argues that social changes in the global space contribute to the emergence of certain changes in the content of cultural identity, language, art, spiritual categories, which are elements of the basis of the national identity of each nation and various ethno-regional units, which further strengthens the study of this issue under the influence of the process of globalization.

scholarly journals The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah
Keyword(s):  
Role Model ◽  
Islamic Law ◽  
Human Life ◽  
Self Esteem ◽  
Substantial Effect ◽  
Public Confidence ◽  
The People ◽  
The Right ◽  
Material Values ◽  
Islamic Society

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals ARSITEKTUR RUMAH BETANG (RADAKNG) KAMPUNG SAHAPM

2014 ◽  
Vol 6 (3) ◽  
pp. 461
Author(s):  
Poltak Johansen
Keyword(s):  
Cultural Identity ◽  
Qualitative Method ◽  
Residential Buildings ◽  
Architectural Form ◽  
Cultural Objects ◽  
Library Research ◽  
The People ◽  
The Village ◽  
At Home ◽  
Descriptive Qualitative

AbstrakArsitektur dari suatu bangsa, pada suatu masa sering berbeda-beda, baik dalam hal bentuk maupun konsep-konsep yang melandasinya. Hal ini tentu disebabkan adanya perbedaan kebudayaan dari suatu masyarakat dengan masyarakat lainnya. Setiap suku bangsa biasanya akan menunjukkan identitas budayanya melalui benda-benda budaya yang mereka buat. Demikian halnya masyarakat Dayak Kanayatn memiliki ciri tersendiri dalam bentuk arsitektur bangunan khususnya bangunan rumah tinggal. Bentuk arsitektur masyarakat Dayak Kanayat’n yang tinggal di Desa Sahapm tercermin dalam bentuk Rumah Betang atau Rumah Panjang dan hingga kini masih dijaga dan dihuni oleh masyarakat. Bentuk rumah Betang juga menunjukkan hidup kebersamaan bagi penghuninya. Dalam  Rumah panjang atau Rumah Betang mereka berinteraksi antara bilik yang satu dengan bilik yang lainnya. Tujuan penulisan untuk mendeskripsikan bentuk arsitektur Rumah Betang dan keberadaannya pada saat ini, selain itu penelitian ini juga  mendeskripsikan kehidupan masyarakat di Rumah Betang. Metode yang digunakan adalah metode deskriptif kualitatif dengan menggunakan tehnik pengamatan dan wawancara dalam menggali data di lapangan serta studi kepustakaan sebagai menggali bahan untuk menulis. AbstractThe nation has a diverse architecture, both in terms of form as well as the underlying concepts. The diversity of architecture due to differences in the culture of a society. Each tribe will usually show its cultural identity through cultural objects that they create. Similarly with Kanayatn Dayak community has its own characteristics in the architecture, especially residential buildings. Architectural form of the Dayak people who live in the village Dayak Kanayat'n reflected in the form of Rumah Betang or Rumah Panjang and is still maintained and inhabited by people. Betang shapes also showed live together or togetherness. The people who lived in Rumah Panjang interact with each other in one room to other room. The main purposes of this study is to describe the architectural form and its existence today. In addition, this study describe betang people's lives at home. The method used is descriptive-qualitative method using the techniques of observation and interviews to collect data in the field and library research.

scholarly journals PERANAN KOMUNIKASI DENGAN STAKE HOLDER DALAM MEWUJUDKAN EFEKTIVITAS PENERAPAN HUKUM (Studi Kasus Dalam Pelaksanaan Syariat Islam di Provinsi Aceh)

2018 ◽  
Vol 2 (3) ◽  
Author(s):  
Teuku Ahmad Yani
Keyword(s):  
Organizational Performance ◽  
Agenda Setting ◽  
Islamic Law ◽  
Local Culture ◽  
Local Television ◽  
The People ◽  
Television Broadcasting ◽  
Local Media ◽  
Aceh Province ◽  
Stake Holder

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.

scholarly journals PERUBAHAN STATUS RADIO REPUBLIK INDONESIA DALAM PENGEMBANGAN KAPABILITAS DARI MILIK PEMERINTAH MENJADI MILIK PUBLIK

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Nellis Mardhiah
Keyword(s):  
Organizational Performance ◽  
Agenda Setting ◽  
Islamic Law ◽  
Local Culture ◽  
Image Editing ◽  
Local Television ◽  
The People ◽  
Television Broadcasting ◽  
Local Media ◽  
Aceh Province

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.

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