STUDI KOMPARATIF EMPAT MADZHAB FIQIH TENTANG HUKUM PUTUS KHITBAH

The phenomenon of breaking the khitbah often occurs. However, there are still many Muslim communities who are still unfamiliar with the implications and the Fiqh when this case occurs. This study aims to describe the different views on the law of breaking the Khitbah and the status of the Hadiah that were submitted during the Khitbah period based on the concept of Fukaha. This study uses a qualitative approach with a literature study design. The data was collected by collecting books which became the reference for the four schools of Fiqh. The results show that: (1) Fukaha have different opinions about the law of breaking the khitbah. The main cause of this difference is due to differences in understanding the texts and principles of covenant fiqh and the absence of a qath'i text in this matter. (2) Fukaha, also have different opinions regarding the status of the items given before the break of the khitbah

FORMALISASI HUKUM ISLAM DALAM BENTUK PERATURAN DAERAH: ANALISIS PERATURAN DAERAH SYARIAH DI BULUKUMBA

This article aims to examine the formalization of Islamic law in the form of a Sharia Regional Regulation (Perda) in Bulukumba. The approach in this research is juridical-normative. This approach is used to understand the phenomenon of the formalization of Islamic law in the Bulukumba area. The results show that the formalization and application of sharia regulations in Bulukumba is running quite well, this is based on the development of public understanding and compliance with the Perda. On the other hand, these sharia-based regulations sometimes run less effectively. This is because there are still many Bulukumba people who do not know, let alone understand the Sharia Regional Regulations well.

PRAKTIK TRANSAKSI NON TUNAI MELALUI LAYANAN SYARIAH LINKAJA PADA EKOSISTEM KEISLAMAN DI KOTA CIREBON

The rise of non-cash transactions today has made people tend to switch from manual transactions that use cash to electronic transactions. LinkAja Syariah service is an application-based electronic money service designed to facilitate user transactions. LinkAja Syariah Services prioritizes three main categories of sharia service products, namely the ZISWAF, mosque-based economic empowerment and digitization of Islamic boarding schools, micro small and Medium Enterprises. Thus, this study seeks to reveal the contribution of LinkAja Sharia Services in the city of Cirebon, where the majority of the population is Muslim and there are many religious institutions. This study aims to determine the practice of using LinkAja Syariah Services in Cirebon City from an Islamic law perspective. The method used in this research is qualitative by inductive means, that is, from data to a higher level of abstraction, including synthesis and theory development (if necessary and the data supporting). This means that data analysis in qualitative research is more open-ended and must be adjusted to data in the field, such as the results of interviews, observations, and documentation. In addition, the data analysis technique used in this study was qualitative analysis as stated by Miles and Hubberman, namely data collection, data education, data presentation and conclusion drawing. The results of this study are: LinkAja Sharia services that prioritize three main products, namely the ZISWAF ecosystem, mosque-based economic empowerment, and digitization of Islamic boarding schools and UKM. In Cirebon City LinkAja Syariah services can be used for zakat, infaq and shodaqoh payments at LAZISMU Cirebon Regency, donations at At-Taqwa Mosque, and shopping at traditional markets such as Gunung Sari Market, PGC Morning Market, and Kanoman Market

KETETAPAN HUKUM DAN REKONSTRUKSI PARAMETER HILAH PADA PRAKTIK PERBANKAN SYARIAH

Many Islamic bank products and contracts are not in accordance with sharia principles. This research will discuss in detail the related hilah in Islamic banking practices and the differences in bank interest with margins, fees, and profit sharing on Islamic bank financing. This research is a qualitative research which is literature study. The results showed that the use and parameters of hilah in syari'ah banking were different and it could be measured to what extent the practice violated the principles of syari'ah or not. Basically, the profit-sharing system, fees and margins are designed to bridge anti-usury groups, but not a few of the syari'ah banks use law to wrap a product or contract with the syari'ah label because in practice it is far from theory and principle. shari'ah. The standard of hilah, where a contract or product must meet Qasd al-shari ', Qasd al-mukallaf, Wasa'il, Maslahah, Rukhsoh and Azimah. If a contract or product meets the five parameters above then it is categorized as masyru'ah (which is permissible), but if it does not fulfill it, even the opposite, it is classified as mazmumah (which is prohibited).

PENINGKATAN EKONOMI UMAT MELALUI ZAKAT PROFESI DAN ZAKAT PRODUKTIF

Tulisan ini merupakan sebuah kerangka pikir tentang Peningkatan Ekonomi Umat Islam melalui Pemberdayaan Zakat Profesi Dan Zakat Produktif. Pengelolaan zakat di masyarakat yang mayoritas beragama Islam memberikan keyakinan bahwa Zakat dapat digunakan sebagai instrumen penting dalam pembangunan ekonomi umat Islam. Satu hal penting lain adalah membenahi setiap UPZ (Unit Pengelolaan Zakat) yang ada agar dapat menerapkan prinsip-prinsip manajemen modern dalam pengelolaan zakat agar tercipta akuntabilitas publik dan transparansi kepada lembaga ini dapat meningkat dan mendapatkan kepercayaan dari muzakki secara terus menerus. Pemerintah dapat menggunakan sistem pengumpulan dan pengelolaan zakat sebagaimana diterapkan pada pengumpulan pajak negara, sehingga potensi zakat dapat dimanfaatkan oleh negara dan dinikmati oleh masyarakat khususnya umat Islam Indonesia. Untuk mewujudkan cita-cita tersebut pemerintah perlu menyiapkan petunjuk teknis tentang zakat sehingga dapat berjalan dengan baik, agar bisa lebih banyak manfaatnya dalam pertumbuhan ekonomi umat Islam di Indonesia.

MUSYARAKAH PADA HARTA BERSAMA

The concept of marital property is still an interesting topic to discuss. Because there is still a disagreement between the concept of marital property to described by contemporary scholars through the approach of syirkah and the financial reality of today's family in Indonesia. This is because syirkah mufawadhah and syirkah 'abdan which explain is the type of syirkah 'uqūd that requires ijab-kabul and its provision for business. While in the context of marital property this concept is not achieved. Because the concept of marital property in Indonesia is more suitable towards the concept of syirkah amlak that does not require ijab-kabul and non-business. However, if want to conform to the concept of syirkah 'uqūd or syirkah business then there needs to be an improvement that must be preceded by a syirkah agreement or a contractual agreement on joint property either before marriage on premarital agreement or during marriage.

BADAN USAHA MILIK DAERAH SEBAGAI SARANA MEWUJUDKAN OTONOMI DAERAH

Establishment of Regional Owned Enterprises (BUMD) An effort to reduce the dependence of local governments on balancing funds from the central government. This Regionally Owned Enterprise is mostly or wholly owned by regions of wealthy regions. This BUMD is a government instrument that has a role to develop the regional and even national economy. The existence of BUMD in successful regional economic activities is a new thing, but has been going on for a long time. The obligation to establish BUMD is to carry out regional development through services to the community, implementing public benefits and increasing the level of local government. The purpose of this study is to determine the legal description of BUMD in taking legal actions and what factors are obstacles for BUMD to achieve their orders. The research method used is normative juridical research method.

KAJIAN HUKUM ISLAM TERHADAP TRADISI SEDEKAH BUMI (KONVENSI TRADISI JAWA) DALAM PERSPEKTIF FIQIH IMAM SYAFI’I

Among the people of Java. Especially in the Cangkring Village of Rembang, Karanganyar, Demak. There are various rituals that are sacred and have been hereditary traditions, one of which is the earth alms tradition is a cultural ritual from the past. The community in the Cangkring Rembang Village, Karanganyar, Demak, considers that the real purpose and purpose of the earth alms tradition is a form of gratitude that created the universe namely God who has bestowed agricultural produce for the people in the Cangkring Rembang Village. Therefore, the people of Cangring Village in Rembang always carry out the tradition of alms in the earth, which is in the middle of the moon or dzulqo’dah. In this study included field research in the Cangkring Rembang Village, Karanganyar, Demak. While information is collected by interviews. The data that has been obtained is analyzed using data analysis techniques with descriptive, deductive, and inductive methods. Likewise, almsgiving is a convention of Javanese tradition with Islam. Given the earth alms tradition is a ritual passed down from ancestors to later generations, even though the earth alms tradition does not directly mention it in the Holy Qur'an and the Prophet's Hadith, but it is reviewed from the Islamic law in perspective fiqh, it is still permissible but does not contradict existing Islamic laws, and does not associate partners with Allah SWT.

PROSESI KHITBAH DI INDONESIA PERSPEKTIF LOCAL WISDOM DAN QAIDAH FIQH

In an initial process leading to marital ties is identical to the procession of the sermon as the delivery a serious will to get married. Where in general, the family of men first conveyed their intentions to the women. The implementation of sermon is considered important in order to avoid a regret in the future, considering the divorce rate is pretty much happening lately in Indonesia. This research was conducted in literature study, based on consideration of the provisions of the sermon in view of the local wisdom and qaidah fiqh. The procession of sermons in Indonesia as long as they dont conflict with the principles of fiqh and are of good value, the law is good and highly recommended to be implemented.

PENANGANAN JENAZAH KORBAN BENCANA ALAM BADAN PENANGGULANGAN BENCANA DAERAH DALAM PERSPEKTIF HUKUM ISLAM

It is the Regional Disaster Management Agency’s (BPBD) onus of South Sulawesi to assist the Governor in organizing regional government administration within the scope of regional disaster management. Among BPBD’s duties in South Sulawesi in handling corpses of natural disaster are: intact Muslim corpses are handled normally, in which the bodies were washed, shrouded, sanctified and buried by following the procedures that have been determined by the Shari'ah. Afterwards, decaying and unrecognizable Muslim corpses were directly shrouded, sanctified then buried. Whilst the large numbers corpses that mixed between Muslims and non-Muslims, were immediately buried and sanctified by religious leaders from each of the existing religious representatives. Hereinafter, the constraints faced by the BPBD of South Sulawesi in handling the corpses of natural disasters include: limited equipment, difficulty in reaching the location and the identification process which requires a long time. The Islamic law view regarding the handling of the natural disasters corpses is that basically, in normal conditions, the corpses must be washed, shrouded, sanctified and buried according to the procedures that have been determined by Islamic law. When a disaster occurs, the handling of the body is still carried out in accordance with the provisions of the Shari'ah but in an emergency situation.