scholarly journals KONTRIBUSI MUI DALAM REKONFIGURASI SYARIAH DI INDONESIA

2020 ◽  
Vol 8 (2) ◽  
pp. 179-196
Author(s):  
Moch. Nurcholis
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Muslim Community ◽  
Sharia Law ◽  
Empirical Level ◽  
Religious Law ◽  
Unwritten Law ◽  
Statutory Regulation ◽  
Laws And Regulations

This research describes the contribution of MUI in the reconfiguration of sharia in Indonesia, from being an unwritten law to a binding law. MUI's efforts in reconfiguring sharia are carried out through the bureaucratization of sharia, namely the process of incorporation of sharia into national law which at an empirical level has been lived and carried out by the Muslim community in Indonesia. In contrast to the process of shariatisation or law Islamization which presupposes the replacement of national law with religious law, sharia bureaucratization is the work of labeling sharia law in legislation as an effort to guarantee legal certainty, administrative order, and achieve justice in legal disputes. The significance of the MUI's contribution in the effort to reconfigure Islamic law is evidenced by the issuance of statutory regulations sourced from fatwa products. Reconfiguration efforts are carried out in three ways, namely; First, to provide support for the birth of certain laws and regulations; Second, provide critical support and correction to a statutory regulation; Third, give a sharia fatwa.

scholarly journals Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 160-174
Author(s):  
Azmil Fauzi Fariska
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Secondary Material ◽  
Library Research ◽  
Primary Reference ◽  
Shared Property ◽  
Data Collection Technique ◽  
Research Decision ◽  
Joint Property ◽  
Laws And Regulations

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals HITUNGAN A JHIONG DALAM PENENTUAN JODOH PADA MASYARAKAT MUSLIM TIONGHOA SURABAYA DALAM PRESPEKTIF HUKUM ISLAM

2021 ◽  
Vol 8 (1) ◽  
pp. 17-25
Author(s):  
Rasikhul Islam ◽  
Masfufah Masfufah
Keyword(s):  
Islamic Law ◽  
Muslim Community ◽  
Research Subjects ◽  
Sociological Approach ◽  
Marriage Contract ◽  
Legal Identification ◽  
Unwritten Law

This study intends to explore A Jchiong's calculations in determining a mate in the perspective of Islamic law in the Chinese Muslim Community in Surabaya. This study uses an empirical sociological approach, namely research that includes legal identification (unwritten law) and research on the effectiveness of law in society, namely collecting empirical legal data by means of researchers who go directly to research and explore data about the thinking of the Chinese Muslim Community in Surabaya as research subjects. about A Jchiong's calculations in matchmaking. The results showed that the tradition of determining a mate in the Chinese Muslim community such as using the services of Mak Jomblang or Mi Ren, application or Bingli, marriage contract or Cik Fuk according to Islamic law is fine as long as the tradition of determining a mate that is carried out does not contradict the values ​​of al- Qur'an and al-Hadith. The tradition of determining a mate that they have used is the result of the legacy of their ancestors and ancestors, such as the tradition of calculating A Jchiong, there is a need for alignment with the values ​​of Islamic teachings.

scholarly journals Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia

2021 ◽  
Vol 21 (4) ◽  
pp. 435
Author(s):  
Ahyar Ahyar
Keyword(s):  
Islamic Law ◽  
Correctional Officers ◽  
Food Service ◽  
Secondary Data ◽  
Sociological Research ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Sharia Law ◽  
Adequate Food ◽  
Laws And Regulations

The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.

scholarly journals MONEY POLITIC DALAM PERSPEKTIF SADDU AL-ZARIAH

2020 ◽  
Vol 3 (4) ◽  
pp. 413
Author(s):  
Rahwan Rahwan
Keyword(s):  
Islamic Law ◽  
Legal Regulations ◽  
State Laws ◽  
Legal Decisions ◽  
Sharia Law ◽  
The World ◽  
The Law ◽  
Laws And Regulations

Money politics is a political disease that is increasingly prevalent today. Money politics is a part of the bribery offense. In general, the criminal act of bribery is considered a violation in the world of politics, thus requiring money politics to also be considered a violation. In absolute terms, state laws and regulations explicitly prohibit this action, but this practice is rampant nonetheless. In Sharia law there is often discussion about risywah which is in the form of the millennial period which is reflected in the money political mechanism. However, Jurisprudence scholars in general still disagree over the law of certainty risywah. The editor of the Prophet's Hadith said that Rasulullah Saw. cursing the perpetrator and the recipient of the bribe. However, various interpretations of the scholars have resulted in an imbalance between positive legal regulations and Islamic law. By combining two legal decisions through the study of Ushūl Fikih with Saddu ad-Dzāriah's approach. This study will discuss legal decisions regarding risywah from a different perspective and prove that there is no imbalance between the two.

scholarly journals Implementasi Akad Ijarah Muntahiya Bi Al-Tamlik (IMBT) Perspektif Fatwa DSN-MUI Nomor 27 Tahun 2002 & Hukum Islam

2020 ◽  
Vol 2 (2) ◽  
pp. 153-181
Author(s):  
Jamaluddin
Keyword(s):  
Financial Services ◽  
Islamic Law ◽  
Scientific Paper ◽  
Islamic Banking ◽  
Legal Certainty ◽  
Legal Norms ◽  
Freedom Of Contract ◽  
Bank Regulations ◽  
Unwritten Law ◽  
Legal Consequences

The Ijarah Muntahiya bi al-Tamlik (IMBT) contract is a lease agreement that ends with the transfer of property rights by means of sale and purchase (grant) at the end of the lease period. In the perspective of Islamic law, the IMBT contract is in accordance with the principles, pillars, and some terms of the contract. Unfulfilled contract conditions, namely the requirement for legal certainty. Meanwhile, in the perspective of the DSN-MUI Fatwa Number 27/2002 and Islamic Law, the IMBT agreement is an anonymous agreement that arises from the existence of the principle of freedom of contract. The IMBT contract is in accordance with the terms and elements of the agreement. IMBT legal consequences are rights and obligations. This scientific paper will examine the normative and applicable aspects of law. Legal norms that are included in the realm of unwritten law in the context of laws and regulations in Indonesia concerning Sharia Economics are DSN-MUI fatwas, especially regarding IMBT which has been perceived as a national law, (Law Number 21 of 2008, concerning Islamic Banking), Bank Regulations Indonesia (BI), the Financial Services Authority (OJK) and Sharia Financial Institutions (KLS) as an effort to apply the law in an applicative manner.  

scholarly journals Mereview Arah Undang-Undang Perbankan Syariah di Indonesia

2011 ◽  
Vol 2 (1) ◽  
pp. 91 ◽  
Author(s):  
A. Zuliansyah
Keyword(s):  
Islamic Law ◽  
The State ◽  
Economic Activities ◽  
Positive Law ◽  
Interesting Study ◽  
Finance Law ◽  
Religious Law ◽  
The World ◽  
Modern Economic ◽  
Laws And Regulations

The application of Islamic law in the activities of banking/finance  or  other modern economic activities is not a simple job. The study of the banking law, or sharia  finance law to be an interesting study and challenging for the world of law in Indonesia, where the positive law (law) in the country of Indonesia is different from  that applicable to the religious law  (Islam). Enforcement of religious law (Islam)  must go through a process referred to as  the ”positivisasi” Islamic law. In this case, Islamic law accepted by the state  in  positive laws and regulations that apply  nationally. This paper will examine  the law of Law no. 10 of 1998 concerning Amendment to law number 7 of 1992. Likewise, Law number 21 of 2008 has some interesting general provisions to be observed. General provisions referred to (Article 1) is a novelty and will  provide certain implications

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish
Keyword(s):  
Islamic Law ◽  
World Market ◽  
Legal Certainty ◽  
Muslim Countries ◽  
The World ◽  
Constitutional Protections

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

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