islamic law
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2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Ascarya Ascarya ◽  
Muhamad Nadratuzzaman Hosen ◽  
Siti Rahmawati

Purpose Productive waqf is one type of ethical business/investment, which should comply to Islamic law, with so many models to choose from. The purpose of this study is to determine factors of simple productive waqf, propose several simple productive waqf models and select the best simple productive waqf models appropriate to be adopted by waqf institution in Indonesia. Design/methodology/approach This study applies the analytic network process, including field survey, focused group discussion and in-depth interview, with two groups of respondents, namely, expert and waqf practitioner. Findings The results show that the determinants of simple productive waqf in Indonesia are the waqf institution, productive waqf asset to be developed, how to finance the productive waqf, how to manage the productive waqf and the compliance of productive waqf. Proposed productive waqf models include cash-waqf and self-managed model, Islamic bank financing and self-managed model, Sukuk and external partnership model, cash-waqf and external partnership and cash-waqf + co-financing and external partnership. Moreover, the best simple productive waqf model is cash-waqf and self-managed model, followed by cash-waqf and external partnership, where they could achieve the most in all socio-economic variables, well-being compliance and moral/ethics within the theory of unity of knowledge, Tawhid. Research limitations/implications The simple productive waqf models proposed are not exhaustive, since there are so many variations of the model. Moreover, the case and respondents are all Indonesian, so that the results are possibly only applicable to Indonesia. Practical implications To increase the probability of successful productive waqf development, waqf institutions could apply cash-waqf and self-managed model first, while other models could be applied in staged in line with waqf institution experience. Social implications The successful development of productive waqf could increase the social programs provided by waqf institutions to the society. Originality/value Productive waqf development is desperately needed due to many unproductive waqf lands in Indonesia, while studies have been limited, and there is no study discussing the productive waqf model appropriate for Indonesia.

2022 ◽  
Vol 2 (2) ◽  
pp. 104-111
Ahmad Fatoni ◽  
Muhamamd Zainuddin

Indonesia is one of the countries with the largest population in the world. Nearly 85% of Indonesia's population  is Muslim. One of the problems faced by the majority of the Indonesian population, especially those who are  Muslim, is the problem of the distribution of inheritance rights. Many Muslims no longer use the inheritance distribution system according to Islamic Shari'a due to the lack of heirs and lack of knowledge about the distribution of inheritance rights according to Islam so that inheritance issues are often a trigger for disputes that lead to flattening family relations. On the other hand, currently the technology that is developing rapidly is Android technology. Almost everyone has an Android-based mobile phone. Android itself is an operating system that runs on smartphones and adjusts specifications from low-end to high-end classes. Almost all vendors are currently developing their products with the Android operating system because the demand is increasing sharply. Based on the problems and conditions above, an expert system application for the distribution of inheritance based on Islamic law based on Android was made with the forward chaining method, which can help solve the problems faced by the community above

2022 ◽  
Vol 4 (3) ◽  
pp. 528-544
Desi Ratnasari ◽  
Muhammad Iqbal Fasa ◽  
A. Kumedi Ja’far

The development of sharia economy in Indonesia is increasing. Islamic economic development can be seen from the development of Islamic financial institutions and the Islamic financial instruments they offer, ranging from Islamic banks, Islamic capital markets, and Islamic insurance. With these developments, nowadays financing activities with sharia contracts are increasing and growing rapidly. However, only a few can pay it off. In other words, non-performing financing or bad loans at Islamic financial institutions often occur. Non-performing financing caused by the inability of the customer as a debtor to pay debts to a financial institution as a creditor resulted in the customer being bankrupted by the financial institution as a creditor. Bankruptcy is defined as the inability of the debtor or debtor (can be a person, legal entity, company) which is proven based on a court decision that the debtor has stopped paying his debts (unable to pay off debts) which results in general confiscation of his assets, so that the debtor is no longer entitled to manage his assets. . If it is associated with zakat, one of the ashnaf of zakat is gharimin or people who are in debt. Zakat institutions in Indonesia have not made bankrupt customers as gharimin who are entitled to receive zakat. The formulation of the problem in this paper is to find out the views of Islamic law on the status of bankrupt debtors as gharimin. The conclusion is that the status of a bankrupt debtor can be determined as a gharimin who is entitled to receive zakat. The use of debt in question can be for personal or public interest. The distribution pattern can use the qardh hasan pattern where the zakat given to the gharimin is not to be owned but to be returned again. The zakat funds are not only used to pay off debts, they can also be used as initial capital for bankrupt debtors to restart their business. Keywords: bankrupt debtor, gharimin, zakat mustahik.

2022 ◽  
Vol 6 (1) ◽  
سليمان ، محمد سليمان النور

women rights in regard to marriage and divorce, which had been endorsed by Sudanese personal statutes for 1991, also the actions to protect theses rights , with a comparing with Islamic law .   The research found that the Sudanese personal law has a strong trend towards expanding the adoption of most forms of these rights , even those which disputable among scholars.   In regarding to the protection of these rights, the mere letter of the law is considered as the basis upon which women can claim to get judiciary protection .   In addition to that the law includes many actions to protect these rights .   which have been detailed in the search.

Hikwan Wahyudi ◽  
Ubay Harun ◽  
Muhammad Taufik

The traditional Balabe or Nolabe in the thanksgiving event is an asset of cultural wealth in Central Sulawesi, Indonesia. The Balebe or Molabe custom is carried out every time there are celebratory activities such as weddings, mourning, childbirth and others. This study aims to provide knowledge and understanding of the process of using incense in the implementation of the Balabe custom and how to review Islamic law on the tradition. This study uses a qualitative approach, namely research procedures that produce descriptive data in the form of written or spoken words from people related to the people in Palupi, especially the Kaili tribe. The data collection techniques used in this research are observation, interview, and documentation techniques. Furthermore, after the data is collected, the data obtained needs to be analyzed in three stages that run in cycles: data reduction, data presentation, and drawing conclusions or verification. The results of this study indicate that basically, the major schools of jurisprudence agree to accept customs as the basis for the formation of law. However, in terms of numbers and details, there are differences of opinion between these schools, so that 'urf is included in the group of disputed arguments among scholars. The research implies that it is hoped that all leaders, the community and local government officials will maintain and preserve the bolabe tradition in order to survive even in the face of today's times.

2022 ◽  
Vol 14 (4) ◽  
pp. 819-834
Sh. R. Kashaf

The Constitutional and Legal Institute of Religious Freedom in the Penitentiary System is subordinated to and regulated by the rules established by the Federal Executive Body exercising law enforcement functions in the fi eld of execution of sentences (FSIN of Russia). Finding themselves isolated from society, ethnic and practising Muslims, sentenced to imprisonment, feel forced restrictions on the religious freedom. The time and place of Muslims who perform religious rites and rituals are regulated by the documents issued by the Ministry of Justice of Russia were outlined the internal regulations for correctional institutions. The state is entrusted with the duty to provide in prisons a special environment, which would enable the spiritual nourishment of Muslims, whose rights to freedom of religious life are supported by centralized Islamic religious organizations. The civil institutions exercise public control over this implementation. At the same time, the Russian State is increasingly interested in interacting with the main subjects of the religious and penitentiary space. Among them there are offi cial structures of the Islamic Ummah, sending educated imams and Islamic theologians for religious service in prisons, representatives of the Islamic expert community, also there are Public Councils on the problems of the penitentiary system under the Federal Penitentiary Service of Russia. The present author considers the activities of Muslim spiritual departments to provide prison libraries with religious literature (the Holy Quran and semantic translations, the Hadith of Prophet Muhammad, His biography, books on Islamic law) as well as the best examples of religious literature, which manifest the traditional values of Russian Islam and the imperatives of a positive socio-cultural environment to be the signifi cant means of communication in the religious-penitentiary environment.

2022 ◽  
pp. 147-160
S. A. Shovkhalov ◽  
M. R. Abdulmuslimov

The purpose of this article is to outline the basic rules of Islamic law in the matter of regulating investment transactions in order to facilitate the development of investment activity of Muslims in accordance with Islamic law. The key prohibitions in the stock market and the criteria for the selection of shares of companies that undergo Shariah analysis are formulated, and based on this, some of the joint stock companies are listed, for which the Islamic law allows to trade shares.

2022 ◽  
Vol 16 (2) ◽  
pp. 595-623
Mohammad Hasan

This article explores moderate and eclectic traditionalism beyond Kiai Haji Muhammad Hashim Ash’ari’s contribution in the shariah and Islamic jurisprudence of social politic (Fiqh al-Siyâsah al-Ijtimâ’iyah) in Indonesia. It is conceptual research referring to some of his works as well as discussion about his thought among Islamic scholars. Based on definition of moderation from the Qur’an, hadith, and some scholars’ opinion, Hashim can be best categorized as Islamic traditionalist figure who enforced both moderation and eclecticism. However, he maintained distinctive features compared to both traditionalist and modernist Islamic figures. It is mainly clear from both his thought and movement which rely on the Ahlus Sunnah wal Jama’ah in theology, four fiqh school leaders (Hanafiyah, Malikiyah, Syafi’iyah dan Hambaliyah), and thariqah sufiyah mu’tabarah. Additionally, he showed appreciation and promoted for adaptation to both local and foreign idea that later inspired distinctive religiosity in Indonesia. This particularly applies in the concept of relation between Islamic law and nationalism, jihad, political fiqh and governmental system in Islam. تستكشف هذه الورقة الوسطية التقليدية والانتقائية التي ساهمها كياهي حاجي محمد هاشم الأشعري في الشريعة الإسلامية وفقه السياسة الاجتماعية. إنه بحث مفاهيمي يشير إلى بعض أعماله وكذلك مناقشة حول أفكاره كعلماء المسلمين. بناءً على تعريف الوسطية من القرآن والحديث وبعض آراء العلماء، يمكن تصنيف هاشم بشكل أفضل على أنه الشخصية الإسلامية التقليدية التي فرضت الوسطية والانتقائية. ومع ذلك، فقد حافظ على سمات مميزة مقارنة بكل من الشخصيات الإسلامية التقليدية والحداثية. يتضح بشكل أساسي من فكره وحركته اللذين يعتمدان على أهل السنة والجماعة في العقيدة، قادة المذاهب الفقهية الأربعة (حنفية، المالكية، الشافعية والحبلية) والطريقة الصوفية المعتبرة. بالإضافة إلى ذلك، أظهر التقدير والترويج للتكيف مع الأفكار المحلية والأجنبية التي ألهمت لاحقًا التدين المميز في إندونيسيا. وهذا ينطبق بشكل خاص على مفهوم العلاقة بين الشريعة الإسلامية والوطنية والجهاد وفقه السياسية والنظام الحكومي في الإسلام.

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