Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.

Pembaruan kalender masehi Delambre dan implikasinya terhadap jadwal waktu Salat

Kalender Masehi merupakan sistem penanggalan berbasis Matahari (Solar System), yakni menggunakan peredaran Bumi mengelilingi Matahari yang berjumlah 365,2425 hari dalam satu tahun. Penentuan awal waktu salat juga mengacu pada kalender Masehi tersebut. Seiring berkembangnya ilmu pengetahuan, muncul sebuah fakta bahwa nilai rata-rata kalender Gregorian memiliki selisih 0,0003 hari per tahun dengan nilai tahun tropis saat ini. Selisih itu akan terakumulasi menjadi 1 hari dalam 3600 tahun. Hal ini menjadi alasan untuk melakukan pembaruan kalender Masehi. Seorang astronom Prancis bernama Jean Baptiste Joseph Delambre mengusulkan gagasannya dalam memperbarui sistem aturan yang ada pada kalender Gregorian, yakni panjang satu tahun sipil rata-rata 365 hari 5 jam 48 menit 48 detik atau 365,2422 hari. Dalam 3600 tahun ada 872 kali interkalasi, artinya menhapus 1 hari dari interkalasi tahun Gregorian dan tahun 2800 dipilih sebagai tahun kabisat yang diubah menjadi tahun basitoh. Sehingga dalam jadwal waktu salat pada tahun 2800 terdapat selisih awal waktu salat pada �tanggal 29 Februari dan tanggal 1 Maret.�

Rad concept: authentic evidence women's specialties in Islamic heritage law

Basically, Islam is a religion explains existence of equivalents and parallelization between man and woman which placed woman in a fair position to get her rights in social, economy, politic, and Islamic inheritance law. This study aims to answer gender bias in the manner of describing woman uniqueness in rad concept by Islamic inheritance law. This study uses descriptive-analytic method via normative, juridical, and historical approachment. In jahiliah period, a woman did not get inheritance, even they are commercialized publicly. Islam comes to change that tradition and gives inheritance for her by value a half from man. But, some gender activists argue this statement and say it as discrimination shape for woman, and they disagree with that. This study result shows in rad concept, when there is still treasure rest after be taken by permanent inheritor (a?habul furu?), according to jumhur ulama that rest is given to all woman inheritors. This proves that Islamic inheritance law comes to glorify woman status and dignity from the beginning till now in giving uniqueness and goodness for woman.

al-zakah wa al-?aribah fi al-Fiqh al-Islami wa al-qanun al-Indunisi (Dirasah Tajribiyyah Muqaranah)

Zakat is a financial system that is essential to create a balance between society, so as not to make the rich richer and vice versa.Zakat is an obligation for Muslims to get closer to Allah and to cleanse his property. While the tax is a mandatory contribution to the state charged to the public for the benefit of the government and the general public. Seeing the importance of zakat and tax as an instrument of income of a country, then the purpose of this study was to determine the legitimacy of a combination of zakat and taxation in Islamic law, and its application in Indonesia, whose population includes Muslims and non-Muslims. This research uses descriptive analysis approach and simultaneously inductive approach in explaining the rules of zakat and tax system and to clarify the differences between them, then explain the application of zakat and taxation in Indonesia, for increasing the zakat payment.

Relationship of Maqasid al-Shari�ah with Usul al-Fiqh (overview of historical, methodological and applicative aspects)

Studies on maqasid al-shari�ah have been widely written and reviewed by researchers of Islamic law. Some have written about the maqasid al-shari�ah�s concept, the figures� thought, and its application to various Islamic law and social issues. As a new study, maqasid al-shari�ah is widely studied in the context of renewing Islamic law, however little discuss about history of maqasid al-shari�ah and relations with usul al-fiqh. Because historically, the birth of maqasid al-shari�ah can�t be separated from development of usul al-fiqh through the scholars usul al-fiqh. As well as in terms of methodology, maqasid al-shari�ah have a close relationship with method istinba? al-�hkam in usul al-fiqh,� as qiyas,� maslahah al-mursalah, al-�ari�ah �and istihsan. While in terms of application, maqasid al-shari�ah together with usul al-fiqh namely departing from the proposition of naqli (revelation) and �aqli (reason) which is global and analyzes various opinions in deciding Islamic law. It�s just that usul al-fiqh is dominated by linguistic aspects, meanwhile the maqasid al-shari�ah emphasizes the divine aspect behind the law.� That�s why to see relationships among maqasid al-shari�ah and usul al-fiqh, this research uses library research method or literature review by researching the main sources which discusses about relations maqasid al-shari�ah and usul al-fiqh in terms of historical, methodological and applicative.

Islamic law review on use of Go-Pay in payment of Zakat

Technological developments turned out to have a major influence on changes in community economic transactions. The system that was once used by the community is a manual system but technological developments bring it to change into an online system that all transactions can be done without having to face to face, without being influenced by time and place. So, that the community is spoiled by the system. Not only in the scope of economic transactions around trade, but this online system has also been used in zakat payment transactions that use electronic money. The purpose of this research is to see how the legal use of electronic money when used to pay zakat. To achieve the objectives of this study the authors use the method of library research, namely by examining documents both published officially or contained in all printed materials, or in electronic form relating to the topics discussed. From the results of the analysis conducted by the author on these data it can be concluded that electronic money Go-Pay may not be used because it is not in accordance with the provisions of DSN-MUI. When electronic money or Go-Pay should not be used, Go-Pay also should not be used to pay zakat.

Transaction in non-cash payments through Ovo application: an Islamic judgment study by the Mazhab Syafi'i

Along with the development of technology, nowadays payment can be done through smart phones with applications, those application enable transactions to pay for goods or services only through websites, credit cards or similar. OVO is one of smartphone applications available. The purpose of this article is to analyze OVO-related services in online transportation payments based on the perspective of shafi'i fiqh. The research method used is normative law, the specification of this study is descriptive analysis which is in the form of detailed and measurable exposure analyzed with an applicable legal norm, while data analysis techniques used is content analysis. The results show that based on the perspective of Ulema 'Syafi'iyah in terms of objectives and OVO application transactions, the contract used was a wadi'ah contract, but the OVO application according to the wadi'ah category of the user category in fiqh science was invalid because the user could not take money or balance on the application, while in theory the balance or money is should be the user's full ownership.

The Influence of Waqf Distribution and Promotion on Community Trust (Case Study: Tabung Wakaf Indonesia)

Waqf is a potential source of funds to overcome social problems, but most poverty reduction programmes rely on foreign credit, especially from the World Bank. In this case, the development of a waqf by a nadzir can be an alternative source of funding in the general economic empowerment, which is supported by society�s trust in waqf institutions. Therefore, this study is conducted to identify the factors that determine public trust and to examine the influence of waqf distribution and promotion on society trust in waqf funds managed by Tabung Wakaf Indonesia. This paper used quantitative methods and utilized primary data through direct surveys with questionnaires were collected and analyzed using multiple regression analysis. The findings reveal that promotion and distribution have significant relationships with society trust. In addition, this study indicates that distribution has the greater impact than promotion on influencing society trust in waqf management. The findings nevertheless give a wide understanding of the concept of public trust and its antecedent in the context of Tabung Wakaf Indonesia.

Kebijakan Proteksi Anak Jalanan di Kota Yogyakarta Menurut Perspektif Maqasid Syariah

The problem of street children is a social problem that often occurs in urban areas. We may often meet many children who are on the streets. Such a scene is influenced by a number of factors that cause children to suffer in life on the streets, such as family financial difficulties or pressure from poverty, parental disharmony, and special problems regarding the relationship between children and parents. The existence of street children is often a problem for various parties both from family, community and government. In overcoming the problem, the Yogyakarta city government contributed to provide a solution by issuing regional regulations related to the handling of street children, the regulation considers many aspects such as replacing repressive approaches or forced withdrawal then becoming a humane (persuasive) approach to achieving mutual prosperity. By referring to these objectives, it is appropriate to implement a policy that needs to be based on the concept of maqasid sharia which is a study of Islamic law in establishing a law that must be accompanied by goals which are shar'i (human benefit).

Tinjauan Maqashid Syari�ah Terhadap Pandangan Ulama Mengenai Ruislagh

Wakaf merupakan bagian dari ajaran agama Islam yang betujuan untuk mewujudkan kesejahteraan umum. Melihat kenyataan di lapangan terkadang harta yang diwakafkan tidak sesuai dengan tujuan wakaf, bahkan ironisnya harta wakaf terbengkalai. Melihat fenomena demikian sebagai Nadzir yang diberi mandat untuk� mengelola harta wakaf harus memberikan solusi yang kongkrit dan maslahah. Tidak sedikit ruislagh menjadi solusi akhir bagi harta benda wakaf yang tidak lagi memberikan manfaat. Adapun rumusan masalahnya, Bagaimana pandangan ulama terhadap ruislagh? Bagaimana maqasidu syari�ah memandang keperbedaan pandangan dalam hal ruislagh? Pendekatan penelitian ini dengan pendekatan normatif, yaitu dengan mendekati masalah yang diteliti dengan melihat apakah hal itu sesuai menurut norma yang berlaku dan sudah sesuai dengan asas hukum Islam yaitu kemaslahatan. Kesimpulan dalam tulisan ini bahwa hakekatnya ruislagh diperbolehkan ketika dalam keadaan darurat dan tujuan ruislagh semata-mata untuk melindungi harta benda wakaf agar pentasarufannya sesuai dengan tujuan wakaf.