ONLINE LOANS THROUGH SMART CREDIT APPLICATION; A COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW

This article aimed to describe and analyze the comparison of the two laws, namely Islamic Law and Positive Law, regarding online loans in the Smart Credit application. This study was a literature study using a qualitative design that was the basis for library research by exploring the postulates of Islamic law and articles of positive law that were directly related to the object studied and analyzing and concluding the comparison of the two laws. The results of this study indicated that the legal requirements for online loans in the Smart Credit application was based on the provisions of Islamic Law and Civil Code. In addition, according to Islamic Law and Positive Law, the online loan mechanism through the Smart Credit application had differences, including in Islamic Law allowing online loans. However, if the loans process used usury or interest, Islamic law forbade the lender. While the Positive Law, in this case, was contained in Article 1320 of the Civil Code, which explained that if a lender has agreed to the process of terms and conditions that the Smart Credit application has made and has bound himself in the applicable provisions, whether a loan that was known to have an interest or a delay in paying would be given a fine, then the loans process was legal in the eyes of the law. This was because they have tied themselves to the online loan process, the Smart Credit application. This study implies that online loans are allowed to be used by the public. However, people must remain careful in using online loan applications that lend funds because the interest from lending these funds is very high and will result in very large losses.

POLITICAL CONFIGURATION AND LEGAL PRODUCTS IN INDONESIA IN TERMS OF ISLAMIC CONSTITUTIONAL LAW

Politics and the state are inseparable. The confusion of the form of politics or what is known as the Political Configuration and Legal Products in Indonesia makes people wonder. Then, Islamic Constitutional Law will look at or see how Indonesia's forms of politics and legal products are used. This study aimed to determine Indonesia's political configuration and legal products in terms of Islamic constitutional law. The type of study was normative legal research or research library. The primary data sources were obtained from Al-Qur'an and Hadith, while the secondary data were obtained from books, journals, or materials taken from writings related to the subject matter. The data collection technique was used through the literature by searching, reading, studying, and reviewing related literature. The results of this study showed that: 1) Indonesia currently used a democratic political configuration and responsive legal products, where the public was given space to express themselves and play an active role in determining policies in the government; 2) Islamic constitutional law considered that the political configuration and legal products in Indonesia were in accordance with what was contained in the Islamic constitutional law. This was because Indonesia's democratic political configuration and legal products had the same vision, namely creating prosperity for the general public.

I’TIBĀR AL MA'ALAT PRINCIPLES IN MUI FATWA NUMBER 14 OF 2020 CONCERNING ORGANIZATIONS OF WORSHIP IN SITUATIONS OF THE COVID-19 OUTBREAK

This study aims at examining the use the principle of i`tibar al ma'alat in the MUI fatwa number 14 of 2020 concerning the organization of worship in situations of the Covid-19 outbreak. MUI fatwa number 14 of 2020 forced most Muslims in Indonesia to worship out of the box. the results of the study it was found that the MUI in issuing fatwa number 14 of 2020 had considered the principle of i'tibar al ma'alat, the prohibition of worshiping in congregation in areas with high distribution potential was determined in order to anticipate the spread of the Covid-19 outbreak. However, the MUI does not generalize all regions, this is also done based on the principle of i'tibar al ma'alat to avoid the practice of tafrith to religious orders in the midst of society

RATIONAL IDEAS HARUN NASUTION PERSPECTIVE OF ISLAMIC LAW

Gagasan pembaharuan hukum Islam lebih dipandang sebagai tantangan sekaligus ancaman yang perlu diwaspadai. Keadaan yang demikian ini hampir menjadi model pemikiran sebagian besar Muslim di Indonesia, yang tentu saja pada akhirnya memimbulkan kegelisahan bagi para penggiat pemikiran Islam, untuk berusaha melakukan rekonstruksi pemikiran, terutama bagi kalangan muda Muslim dari berbagai ormas Islam. Gesekan pemikiran, baik yang muncul dikalangan umat Islam maupun yang diimpor dari Barat, tentunya membawa pada wajah gerakan pemikiran Islam menjadi sangat variatif Obsesi Harun, yaitu ingin melihat ummat Islam Indonesia maju. Kemajuan tersebut menurutnya akan tercapai jika pemikiran umat Islam juga maju, dan pikiran maju tersebut bertitik tolak pada pandangan ideologi rasionalnya yang menurutnya sangat cocok dengan perkembangan dan tantangan kemajuan ketika itu. Atas dasar itulah Harun membawa pemikiran-pemikiran yang diintrodusir di IAIN, sehingga ketika memperkenalkan Islam, Harun mencoba menggunakan pendekatan filosofis dalam buah pikirannya seperti antara lain dalam buku Islam ditinjau dari Berbagai Aspeknya, Pembaharuan dalam Islam, Sejarah Pemikiran dan Gerakan, serta Islam Rasional, Gagasan dan Pemikiran Harun Nasution. Harun Nasution adalah seorang pembaharu pendidikan tinggi Islam di Indonesia, yang kontribusinya terhadap perkembangan pemikiran Hukum Islam di Indonesia, adalah hasil dari dialog antara dia dengan lingkungan.