Al-Mizan
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Published By Institut Agama Islam Negeri Sultan Amai Gorontalo

2442-8256, 1907-0985

Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 89-114
Author(s):  
Sulham Karim Made Aming ◽  
Misbahuddin Misbahuddin

The purpose of this study was to determine the Go-Pay transaction process and the problem of pricing between cash transactions and Go-Pay transactions as well as the solution to the perspective of Islamic law. A qualitative research method was adopted in this study by using the approaches of juridical normative and qualitative descriptive. The data sources are drivers, merchants, consumers, and companies as primary data and other scientific papers as secondary data. Data collection methods used were interviews, observation, and documents with the number of informants are 12 people. Data processing and analysis techniques were carried out in three stages, namely; reduction, presentation, and conclusion.  The results showed that there are three important processes in Go-Pay transactions, namely: Top Up Process, Transfer Process or Withdrawal Go-Pay Balances, and Payment Process. In the process of using Go-Pay are two transactions in Islam that take place, namely transactions:  al-Ijārah (service rental) and al-Ṣarf (money exchange) transactions.  Meanwhile, the problem faced by consumers in fixing prices between cash transactions and Go-Pay transactions is a problem that can be resolved by the Decree of the Head of the Minister of Transportation No.  KP 348 of 2009. From the perspective of Islamic law, the settlement with the Go-Pay transaction system is an al-Ṣarf transaction with the legal consequence that Go-Pay transactions are allowed in shariah with the promo offered by the company as a gift.


Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 65-88
Author(s):  
Fatihatul Anhar Azzulfa ◽  
Afnan Riani Cahya A.

In general, the majority of people only know the meaning of the iddah period to see the cleanliness of the uterus. This study aims to determine how the period of iddah of husband and wife after divorce. Iddah is the waiting period before a widow or divorced woman may remarry. This research is included in library research which uses analytical descriptive as a method and is equipped with a gender equality approach. The results of the study explain that the iddah period if is associated with the basis for identifying whether a woman is pregnant or not, then the meaning is irrelevant when viewed using science and technology which has different legal implications for the iddah itself. Cleansing the uterus is not an illat of the stipulation of iddah. Illat is something that can change the situation. Iddah has until now been considered as discrimination against women, which later gave rise to the opinion that iddah is a form of gender inequality. The concept of iddah discriminates against women because it is considered to limit women’s movement after divorce. The implementation of the iddah period for husband and wife is a solution so that gender relations between men and women are well established.


Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 139-162
Author(s):  
Rizal Darwis ◽  
Hajira Bilondatu

Selling and buying goods with the regular social gathering system is the same as selling and buying in general. However, buying and selling with this social gathering system is a sale and purchase that is carried out when one party gets a lottery at the social gathering, only getting goods, not money. This study aims to determine the factors that cause buying and selling of goods with the regular social gathering system and how the perspective of sharia economic law on selling and buying goods with the regular social gathering system in Dulamayo Selatan Village. This research is field research with an empirical juridical approach. Data were collected through observation, interviews, and documentation. Then the data collected were analyzed by qualitative descriptive. Based on the results of the research and discussion carried out, it is known: first, buying and selling goods with the regular social gathering system is carried out because it is caused by internal factors, namely the chairman of the regular social gathering gains from money, the price of goods, and discounts if someone gets a lottery by taking money, as well as other factors external, namely because there are parties who cannot afford to buy goods in the case and because Dulamayo Selatan Village is very far from urban areas. Second, buying and selling goods with the regular social gathering system in Dulamayo Selatan Village; in the view of sharia economic law is not allowed because it contains elements of usury, and the practice of the regular social gathering goods being replaced with money is also not allowed because it violates the agreement at the beginning of the sale and purchase of goods with the regular social gathering system and is detrimental to the regular social gathering members.


Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 27-42
Author(s):  
Syarifuddin Syarifuddin
Keyword(s):  

Maqāshid is a goal to be achieved through the application of religion on the basis of maximizing maslahah and minimizing mafsadah. The originality of maqasid Auda's thoughts lies in the shifting paradigm and the development of maqāshid through a system approach that he takes. This was developed by Auda, because he saw the classical maqāshid theory which tended to be individual, rigid, narrow, and even seemed hierarchical. Auda shifted the classical maqāshid whose styles were protection and preservation (guarding) into development and human rights. In addition, Auda also approached the maqāshid with the features of the system he created: cognition, wholeness, openness, interrelated hierarchy, multidimensional situation, and purposefulness (goal). The existence of a feature lies in its purpose.


Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 43-64
Author(s):  
Muhammad Gazali Rahman ◽  
Aisma Maulasa

Prophet Muhammad left two very valuable legacies, namely the Qur'an and Hadith. These two legacies have always been the main source of reference for anyone in solving the myriad of life's problems. The complexity of human life in the end also demands the reading and review of applicable sources that have been appreciated by the Prophet Muhammad on his period to be contextualized and exist all the time. Likewise, the emergence of modern challenges that tend to reduce the authority of prophethood is a challenge for Muslims to reconstruct the religious foundations that have long been the formal law in interacting. This research is library research which is analyzed with a normative approach and a contextual approach. The results of this study indicate that as part of Islamic teachings, jihad in the early Islamic narrative may be different from the current version of jihad, either due to contextualization of meaning or due to a reduction in the true essence of jihad.


Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 115-138
Author(s):  
Ismail Ismail ◽  
Dikson T. Yasin ◽  
Zulfiah

This study discusses the limits of deviation of the direction of qibla that is allowed in facing the direction of qibla in Indonesia. This study uses qualitative descriptive analysis with an astronomical approach and Islamic law approach. The results show that there are two types of tolerance towards the qibla, namely mathematical tolerance, and sociological tolerance. Mathematically, tolerance lies in the ability to face three directions, namely the direction of the Ka'bah, the direction of the holy mosque, and the direction of the forbidden land. Sociologically, the deflection tolerance of the direction of qibla 6 ° bows to the left of the Ka'bah or the right of the Ka'bah. Mathematical qibla direction tolerance is provided for the construction of places of worship such as mosques and small mosques, while sociological of Islamic Law, qibla tolerance is allocated for people who perform prayers.


Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 1-26
Author(s):  
Palwi Rakhman

Every married couple hopes that their home life will be created as a family that is confident and full of love. This article will discuss the role of the Office of Religious Affairs (KUA) in creating happy families. This research is library research which is analyzed by qualitative descriptive. The approach used is a sociological legal approach. The results showed that the Office of Religious Affairs (KUA) made efforts to foster happy families through religious education in the family, religious education in the community, religious education through educational institutions, bridal brokering courses, family counseling, fostering adolescents of marriage age, empowering family economies and improving nutrition. family.


Al-Mizan ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 299-322
Author(s):  
Jujuri Perdamaian Dunia ◽  
Askar Patahuddin ◽  
Edi Gunawan

This study aims to determine the impacts of contraceptive injection for acceptor health centers Antang Perumnas of the al-Ḍarar Yuzāl rule. This type of research is the qualitative approach to field research. The results of this research show that firstly, the condition of acceptors in health centers of Antang Perumnas Manggala is quite diverse, acceptors in this region belong to the middle and lower economic classes with varying levels of religious understanding; secondly, two reasons cause family planning acceptors to inject, namely internal and external reasons with different impacts on their acceptors; thirdly, the application of al-Ḍarar Yuzāl's rule for the use of contraceptive injections has the following Islamic legal implications:  wajib when the acceptor is awake from diseases such as uterine cancer, or death if having a pregnancy, becomes makruh if the acceptor feels pain during menstruation and intercourse, or the emergence of uterine myoma in the endometrium, and becomes haram when removing sexual sensitivity, not passionate until the feeling of anger towards the husband that ends in divorce. This research is expected to contribute to the medical world to find healthy birth control solutions for acceptors and make acceptors wiser before deciding to use contraceptive injection.


Al-Mizan ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 349-374
Author(s):  
Muhammad Gazali Rahman

This study discusses the issue of corruption that occurs in human life. However, the problem is how the grants and gifts given to certain parties are categorized as corruption. This research is library research which is analyzed with a qualitative approach with national law and Islamic law perspectives. The results showed that from the point of view of Islamic law, people's insights were very limited to the issue of bribes and rewards. Some people think that bribery is not a crime, but only a small mistake. Some others, even so, that bribes are forbidden, but they do not care about the prohibition, let alone because they get the benefits. On the other hand, society perceives the bribe as a gift or a token of gratitude. Some even think of it as money for the help someone has given, so they don't feel it as a mistake or even a crime.


Al-Mizan ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 201-224
Author(s):  
A. Zamakhsyari Baharuddin ◽  
Rifqi Qowiyul Iman

This study aims to highlight the review of Islamic jurisprudence regarding the competence of religious courts in handling judicial divorce as a reflection of the view that judges' actions to terminate the marriage relationship are unjustifiable and the only divorce institution is divorce which is husband's prerogative. The method applied is descriptive-analytic research method with the main data source is library research. The results of this study indicate that the Religious Court is not only a state institution, but also a religious institution as recorded in the Islamic literature, and a judge with the authority to pronounce divorce is actually playing the role of amar makruf nahi mungkar, therefor his authority is not only legally valid in the state law, but also has its own legitimacy regulated in Islamic jurisprudence.


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