Geld im islamischen Recht

2019 ◽  
Author(s):  
Abdelaali El Maghraoui

In Islamic law, there are many approaches to ethical issues. The best-known examples of this are the zakat tax on money and property as well as the prohibition of riba. Only an examination of the basic questions concerning money makes it possible to fundamentally understand economic thinking in Islam. This work deals with the social and market relevance of money and its significance in terms of contract theory. In this way, the author focuses on a topic that has so far received little attention in ‘Islamic economic theory’. His findings are based on an interdisciplinary examination of numerous primary sources. The main results of this book relate to the exchange of goods and the prohibition of riba as well as partnership (sharika) and profit-sharing (mudaraba).

2017 ◽  
Vol 7 (1) ◽  
pp. 96-118
Author(s):  
Syaukani Syaukani

An effort to preserve and utilize manuscripts in this archipelago, especially religious manuscripts, is very important due to, at least, two reasons. Firstly, there has been abundant important information pertinent to religious phenomena in the manuscripts. Secondly, physical condition of the manuscripts has been increasingly fragile. Following the process of choosing the manuscript, the author has selected one of the manuscripts preserved in the State Museum of North Sumatra. This study employs the theory of philology, literature and history in analyzing the manuscript. Analyses are focused on the language used, the cultural background of the manuscript, and the social history of the region where it has been written. The findings of this study tell us that the manuscript, named Kashf al-Gharā’ib, is a classical Islamic manuscript which still has been well preserved at the State Museum of North Sumatra. It contains the scientific information of fiqh (Islamic law), especially discussing about the way of worshipping the God. The manuscript also consists of religious poems and problems of adab (ethics). Of the three topics discussed in this manuscript, I give considerable attention on worship and ethical issues.


2021 ◽  
Vol 1 (2) ◽  
pp. 34-50
Author(s):  
Nur Afni

The management of zakat in relation to economic empowerment means that zakat as an asset of an Islamic economic institution, zakat is a source of strategic potential funds for efforts to build the welfare of the people. Because of that, the Koran gives a sign that the zakat collected is managed appropriately and effectively. The purpose of this research is to describe how the management and distribution of zakat to improve the social welfare of society. The type of research used in this research is library research or library research conducted by collecting data or scientific papers aimed at the research object. The results of the discussion in the article are; 1) in the process of managing zakat, it can be realized seriously, of course, this needs to be supported by good management, as was done in the early days of Islam. Managing zakat effectively and efficiently needs to be managed properly. Therefore, the management of zakat provides the application of modern management functions. 2) Zakat must be distributed to mustahik under Islamic law. 3) the distribution of zakat is carried out based on a priority scale, with due observance of the principles of equity, justice, and territoriality, and 4) Zakat is distributed through two distribution models directly or consumptive zakat, and indirect distribution, namely productive zakat.             


2016 ◽  
Vol 1 (1) ◽  
pp. 115-126
Author(s):  
Khozainul Ulum

There is a negative assumption that arises in community with regard to economic transactions. For example, the statement "interest" and "profit-sharing" is similar, it justifies something that has become a previous habit. Whereas after having studied and researched, the economic transactions is belongings to the category of riba (usury) and society is still reluctant to get used to something right, which has not yet become a tradition. So, it is impressed that Islam does not take care of worship that do not directly relate to Allah, as obligatory (mahdoh) worship in the pillars of Islam. The question arising then is why the statement emerged from the realm of Muslims who are still reluctant to attempt to transact transactions that should be appraised with shariah paradigm? How is the danger of riba, in the world and the Hereafter? Author wants to convey thoughtfulness and perception related to economic thought developing at this time. They merely legitimize the phenomenon of conventional economics by attaching ayat and hadits although there are also alternative thoughts of genuine Islamic Economics, so easy to get caught up in usurious practice. Therefore, author is inspired to invite readers to dare to unburden, examine, and study riba (usury) and the reason of prohibition in Islam. The existence of incompatibility of Islamic economic theory with the application of contemporary economics does not mean that Islamic economics is not applicable, but it motivates us to implant Islamic economics proportionally and objectively in life. In order to analyze the problems, in this article, author uses a combination of mindset based on reality with faith, then author draws conclusion on the nature of reality of transaction, by  comparing reality with argument and opinion relating to" Does interest applied nowadays include riba and how is the danger of consuming usurious results?"


1991 ◽  
Vol 8 (2) ◽  
pp. 259-274
Author(s):  
Masudul A. Choudhury

In this paper, the decision-making character of shura, the consultativedemocratic concept in an Islamic social order, will be shown to clearly definethe determination of both state variables (socioeconomic variables) and policyvariables and the simulative interactions between them. These variables willthen be shown to configure the consumption, production, and distributionmenus in an Islamic political economy. They will thus be shown as clearlydefined variables that help to formulate the social choice, the social welfarefunction, and the institutional decision-making problems in an Islamic politicoeconomicorder.Shuratic Decision Making in the Perspective ofOrganizational TheoryThe Islamic shuratic (i.e., based on shura) decision-making process isthe centerpiece of organhtional behavior in Islamic institutions. The followingis a technical explanation of this process in light of modem organizationaltheory:’(a) Shura is structured into representative decision makers fromvarious walks of life (“sharees”).(b) “The abstract nature of each individual task” is carried outby ijtihad and the interpretations and implementation of theShari’ah (Islamic law) to various socioeconomic problems ...


1991 ◽  
Vol 30 (4II) ◽  
pp. 1105-1118
Author(s):  
Ziaul Haque

The Martial Law regime which came into power in Pakistan on July 5, 1977 after a political crisis undertook a comprehensive scheme of Islamizing the political, legal, economic and educational areas of the Pakistani society. Ordinances and Laws on Zakat (poor-due), 'Ushr (tithe), elimination of riba (interest/ usury), profit and loss scheme, mudaraba (profit-sharing), and twelve modes of Islamic finance, were promulgated with the avowed aim of transforming the Pakistani economy into an Islamic economic system. In this article we shall confine ourselves to an examination of the Islamization of the economy only; that is, the article shall focus on the relationship between religion and economics in general, and Islam and economics in particular. Since the times of Adam Smith (1720-1790), and especially after the works of Lionel Robbins (1898-1984) the modern economy is generally taken by the economists as an autonomous economic system and modern economics, an important branch of the social sciences, has gradually become independent from religion. In both capitalist and socialist versions, economics is generally defined as the "study of the social laws governing production and distribution of the material means of satisfying human needs" [Lange (1963)].


2016 ◽  
Vol 2 (02) ◽  
pp. 213-226
Author(s):  
Muhamad Ali Mustofa Kamal

This paper tries to explore the views of Thomas Kuhn that science is moving through the stages that will culminate in normal conditions and then "rot" because it has been replaced by science or new paradigm. So next. The new paradigm threatens the old paradigm that had previously become the new paradigm. With this thinking concept, Thomas Kuhn is not just a major contribution in the history and philosophy of science, but more than that, he has initiated the theories that have broad implications in the social sciences, arts, politics, education and even religious sciences , provide an important contribution in order to project humanization Islamic sciences. in showing Islamic humanist deconstruction re the primary sources of Islam, namely the Qur'an and Tafseer already should keep abreast of the needs of Muslim humanist paradigm so that the functional interpretation theories and theories of literacy is very possible to grow, to challenge the needs of the times.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Khozainul Ulum

There is a negative assumption that arises in community with regard to economic transactions. For example, the statement "interest" and "profit-sharing" is similar, it justifies something that has become a previous habit. Whereas after having studied and researched, the economic transactions is belongings to the category of riba (usury) and society is still reluctant to get used to something right, which has not yet become a tradition. So, it is impressed that Islam does not take care of worship that do not directly relate to Allah, as obligatory (mahdoh) worship in the pillars of Islam. The question arising then is why the statement emerged from the realm of Muslims who are still reluctant to attempt to transact transactions that should be appraised with shariah paradigm? How is the danger of riba, in the world and the Hereafter? Author wants to convey thoughtfulness and perception related to economic thought developing at this time. They merely legitimize the phenomenon of conventional economics by attaching ayat and hadits although there are also alternative thoughts of genuine Islamic Economics, so easy to get caught up in usurious practice. Therefore, author is inspired to invite readers to dare to unburden, examine, and study riba (usury) and the reason of prohibition in Islam. The existence of incompatibility of Islamic economic theory with the application of contemporary economics does not mean that Islamic economics is not applicable, but it motivates us to implant Islamic economics proportionally and objectively in life. In order to analyze the problems, in this article, author uses a combination of mindset based on reality with faith, then author draws conclusion on the nature of reality of transaction, by  comparing reality with argument and opinion relating to" Does interest applied nowadays include riba and how is the danger of consuming usurious results?" Keyword: Riba, Interest, The danger of riba


2010 ◽  
pp. 73-89
Author(s):  
M.-F. Garcia

The article examines social conditions and mechanisms of the emergence in 1982 of a «Dutch» strawberry auction in Fontaines-en-Sologne, France. Empirical study of this case shows that perfect market does not arise per se due to an «invisible hand». It is a social construction, which could only be put into effect by a hard struggle between stakeholders and large investments of different forms of capital. Ordinary practices of the market dont differ from the predictions of economic theory, which is explained by the fact that economic theory served as a frame of reference for the designers of the auction. Technological and spatial organization as well as principal rules of trade was elaborated in line with economic views of perfect market resulting in the correspondence between theory and reality.


2012 ◽  
pp. 41-66 ◽  
Author(s):  
M. Storchevoy

The paper deals with development of a general theory of the firm. It discusses the demand for such a theory, reviews existing approaches to its generalization, and offers a new variant of general theory of the firm based on the contract theory. The theory is based on minimization of opportunistic behaviour determined by the material structure of production (a classification of ten structural factors is offered). This framework is applied to the analysis of three boundaries problems (boundaries of the job, boundaries of the unit, boundaries of the firm) and five integration dilemmas (vertical, horizontal, functional, related, and conglomerate).


Author(s):  
William F. McCants

From the dawn of writing in Sumer to the sunset of the Islamic empire, this book traces four thousand years of speculation on the origins of civilization. Investigating a vast range of primary sources, some of which are translated here for the first time, and focusing on the dynamic influence of the Greek, Roman, and Arab conquests of the Near East, the book looks at the ways the conquerors and those they conquered reshaped their myths of civilization's origins in response to the social and political consequences of empire. The Greek and Roman conquests brought with them a learned culture that competed with that of native elites. The conquering Arabs, in contrast, had no learned culture, which led to three hundred years of Muslim competition over the cultural orientation of Islam, a contest reflected in the culture myths of that time. What we know today as Islamic culture is the product of this contest, whose protagonists drew heavily on the lore of non-Arab and pagan antiquity. The book argues that authors in all three periods did not write about civilization's origins solely out of pure antiquarian interest—they also sought to address the social and political tensions of the day. The strategies they employed and the postcolonial dilemmas they confronted provide invaluable context for understanding how authors today use myth and history to locate themselves in the confusing aftermath of empire.


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