The Enforcement of MUI Fatwa Number 1 of 2003 concerning Copyright for Merchants Selling Pirated VCD and DVD in Manado City

This article aims to determine the enforcement of the MUI Fatwa Number 1 of 2003 concerning Copyrights for Muslim merchants selling pirated VCDs and DVDs in Market 45, Manado City. A qualitative method with observation, interview, and documentation techniques was used to analyze the data. Of the six Muslim traders interviewed, the results showed that the MUI fatwa enforcement was ineffective due to the lack of socialization and evaluation of merchants. Also, the merchants did not stop selling pirated products because they lacked religious understanding and awareness and lived below the poverty line. At the same time, the authors' economic rights become a barrier to the public in accessing the product because it is valued beyond the ability of consumers. This study suggests that the MUI ought to pay attention to the economic balance between the authors' economic rights and the public, such as merchants.

Maqāṣid al-Sharī’ah Values in al-Māwardī’s Concept of the Caliphate

This article aims to reveal the values of maqāṣid al-sharī'ah in al-Māwardī's concept of the caliphate. He emphasizes the relationship between politics and maqāṣid al-sharī'ah, both of which aim to realize the benefit. Through literature study using the descriptive-analytical method, this paper finds that his basic concept of the caliphate is influenced by his understanding of maqāṣid al-sharī'ah, including maqāṣid al-imāmah, wasīlah legal status, and maṣlaḥah rules. All three are criteria and conditions that a leader meets. He succeeded in formulating a series of prerequisites for a leader to realize the benefit of the people. These prerequisites are in line with the substance of maqāṣid al-sharī'ah.

Al-Ḥīlah al-Shar'iyyah as a Method in Responding to Prayer Problems in Space

This paper describes the prayer problem for Muslim astronauts in space and provides solutions using the al-ḥīlah al-shar'iyyah method. This paper is qualitative with descriptive-analytic research methods with data sourced from the literature. This paper finds that with the al-ḥīlah al-shar'iyyah method, Muslim astronauts can still carry out their obligations as a mukallaf. They get rukhṣah (dispensation), both related to the direction of the qibla and the determination of prayer times. Rukhṣah, as a result of the al-ḥīlah al-shar'iyyah method, helps Muslim astronauts in two conditions at once, first, in their position as scientists who carry out scientific missions. Second, in his position as a Muslim with his obligations to carry out the sharī'ah.

Social Fiqh and Its Implications for Community Life in Society 5.0

This paper aims to analyze and examine the developmental model of social fiqh in the era of society 5.0 and its implications for the social life of modern society in the 21st century AD. The research method uses a literature review by collecting various appropriate and supportive literature on social fiqh studies, such as the works of KH Sahal Mahfudz and KH Ali Yafi. The study results show that social fiqh in the 5.0 era will increase the ease of access and progress in people's lives concerning social, cultural, economic, and political issues by prioritizing the values of the public benefit. The development of social fiqh in the era of society 5.0 is a step to alleviate the increasingly complex problems of the people. Social fiqh also educates and guides humans to become advanced, independent, prosperous, tolerant, moderate, balanced, and just human beings.

Review of Equity Crowdfunding Practices through Santara.id in the Perspective of Islamic Economic Law

This article aims to find out the mechanism of equity crowdfunding through the santara platform from Islamic economic law. This article uses a qualitative method using library data. This article finds that santara.id is an intermediary between investors and issuers in developing a business. The scheme is similar to the muḍārabah contract, the investor is identical to ṣāḥib al-māl, and the issuer is identical to the muḍārib. However, this activity cannot be considered as muḍārabah cooperation because there has been no concrete agreement regarding the muḍārabah agreement. This article provides suggestions so that santara.id can further develop the platform's promotion in the community. It is because santara.id can provide investment services for the middle class, both as investors and issuers.

Hate Speech During the Caliphate of ‘Alī ibn Abī Ṭālib and Its Relevance to Regulations in Indonesia: The Study of the Islamic Law History

This paper aims to describe the process of overcoming hate speech crimes during the caliphate of 'Alī ibn Abī Ṭālib in the perspective of the history of Islamic law. The important question to be answered in this paper is how did the caliph 'Alī ibn Abī Ṭālib contribute to handling the problem of hate speech? This paper finds three essential things. First, the death of Caliph 'Uthmān became the cause of the emergence of various slander. The main perpetrators were the Sabā’iyyah, Khawarij, and Shia groups. The form of slander is in the form of hate speech, such as insulting, defaming, inciting, spreading hoaxes which are violations of human rights and have discriminated against certain entities and individuals. Second, the policy of overcoming hate speech is pursued by a criminal and social law approach. Third, the relevance between ‘Alī ibn Abī Ṭālib's policy and existing regulations in Indonesia lies in the form of actions, punishments, and protection of human rights from discrimination.

Justice Ontology; A Study of ‘Umar Ibn Al-Khaṭṭāb’s Ijtihād

The paper was conducted to discover the nature of justice in the view of 'Umar Ibn Al-Khaṭṭāb and to reveal his ijtihād from the point of view of a philosophical theory of justice. This research includes philosophical research that is historical-factual about a character with the type of library research then analyzes and presents it in a descriptive form. This paper finds that the essence of justice in the view of 'Umar Ibn Al-Khaṭṭāb is acceptable behavior that is animated by the principle of equality. 'Umar Ibn Al-Khaṭṭāb has applied the principle of equality before the law. He treats reason and revelation in harmony and balance in his ijtihād. 'Umar Ibn Al-Khaṭṭāb drew inspiration from the intellect that Allah had given him by capturing universal values brought by the Koran, such as justice and equality, which are valid forever. This research contributes to the flexibility of 'Umar Ibn Al-Khaṭṭāb in ijtihād, which is imbued with the principle of equality.

Yūsuf Al-Qarḍāwī's Istinbāṭ Method and Its Implementation in the Moderation of Islamic Law

This paper described the formulation of Yūsuf al-Qarḍāwī's isntinbāṭ method towards moderate fiqh. The choice of this theme was based on the existence of two demeanours in religion, between permissive and inclusive. Two main questions in this research were, first, how did Yūsuf al-Qarḍāwī formulate the istinbāṭ method for moderate fiqh? Second, how is the implementation of this method in formulating Islamic law? This paper concluded two things through a literature study with the descriptive-analytic method. First, there were six formulations of the istinbāṭ method for the moderation of Islamic law. a. Examining the maqāṣid contained in the text before determining Islamic law, b. Linking texts and Islamic law with texts and other Islamic laws. c. Understanding texts in the frame of asbāb (al-nuzūl or al-wurūd), both micro and macro. d. Distinguishing between constant maqāṣids and changing instruments. e. Adjusting between al-thawābit and al-mutaghayyirāt. f. Observing the difference between worship and mu’āmalah in terms of wisdom, ‘illah and maqāṣid. Second, this method of istinbāṭ could produce fiqh with a flexible, elastic, dynamic, adaptive, and easy-to-practice.

Fiqh Mu’āmalah Content in Friday Sermon: Dialectics of the Mosque as a Ritual Space and the Market as Economic Space

This paper describes fiqh mu’āmalah content in Friday sermons at the Great Mosque of Kauman Semarang to understand the dialectics between the mosque as a ritual space and the market as an economic space. This paper's data are in the form of 51 sermons delivered in 2015 from January 1 to December 31, 2015, and interviews with the foundation, ta’mīr, and the preachers. This paper shows that Friday sermons' characteristics at the mosque are reflected in their preachers' diversity, both in terms of educational background, scientific fields, organizational affiliations, and professions. This paper finds that fiqh mu’āmalah's content has not become the point of attention of the preachers. This finding is proven by the absence of a sermon theme on fiqh mu’āmalah (mu’āmalah madiyah). The topic that appeared in Friday's sermon was related to Islamic economics's ethical principles and business-related to mu’āmalah adabiyah. The minimal content of fiqh mu’āmalah or economic fiqh in the Friday sermon of the mosque reflects the low intensity of the mosque's dialectics as a ritual space with the market as an economic space. The Friday sermon at this mosque still does not pay more attention to the jamā’ah of Johar market seller as the essential segment.

Reconstruction of Sakīnah Family Criteria During the Covid-19 Period

This article describes the implementation and achievements of the sakīnah family during the Covid-19 period. Both refer to the technical guidelines of the Indonesian Ministry of Religious Affairs in 2011 regarding the criteria for the sakīnah family. This study uses sociological and al-maṣlaḥah approaches. The research location is in Konda District, Konawe Selatan Regency. The researchers obtained data from the Office of Religious Affairs (KUA), sub-district government, village heads, community leaders, and the public. This study found that the criteria for the sakīnah family were irrelevant to apply. The reason is that the expectations of these criteria are too high, especially in the fields of economy and social status. In addition, the KUA officers did not implement the sakīnah family counselling properly. Thus, the criteria for the sakīnah family need to be simplified and adapted to the conditions and characteristics of each region.