Keadilan Waris Islam dalam Kedudukan Anak Perempuan sebagai Hajib Hirman terhadap Saudara dalam Putusan Mahkamah Agung

The inheritance of Islam becomes an interesting discussion when it is associated with the position of the heirs of men and women. Including the discussion of girls can or does not become a barrier (blocker) to other heirs become a barrier to obtaining inheritance or termed with Hajib Hirman. The purpose of this study is to find out the concept of fiqh in determining the position of girls to be a barrier to inheritance for brothers and their implementation in the decision of religious courts so that it can be read considerations and decisions of judges whether based on a sense of justice so as to equalize the position of male and female heirs. The method used in this study is library research with primary materials in the form of court decisions on inheritance cases and relevant fiqh books. The results of this study found that Ibn 'Abbas equated the position of the daughter's inheritance with that of the son so as to prevent the heir brother from obtaining the inheritance and the concept of Ibn Abbas which became the reference of judges in the Court of Religion and the Supreme Court in deciding the case based on the principle of justice.

Praktik Gadai Pohulo’o di Gorontalo dalam Perspektif Hukum Islam

Muslim communities believe that compliance with the law is not only in the field of worship but also in the field of muamalah. Therefore, people want what they practice to be legal and in accordance with Islamic teachings. One of the problems whose legal status continues to be questioned is the issue of pawning which is carried out under customary law. There have been many explanations regarding this problem by religious leaders, but their answers have not been able to satisfy the community. The answers available so far tend to conclude that the practice is not allowed, the law is haram. It is undeniable that the explanation of this in fiqh books is indeed the case because the collateral in the pawn cannot be used by the pawnee, who in this case is a creditor. A creditor may not take advantage of the pledged goods for reasons of riba (usury). However, the practice of pawning, which is carried out according to custom, has become a tradition in the community and is carried out with the pleasure of the pawnbroker and pawnee, and this tradition has become a means to get out of trouble to cover one's life. This article explains the problem of the pawn tradition in Muslim society through a sociological approach in addition to the usuliyah syar'iyah approach

The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.

Perbedaan Manhaj Ulama dalam Fikih Perempuan Kontemporer dan Realitasnya di Indonesia

Kompleksnya permasalahan dan realitas perempuan di era modern menuntut para ulama untuk menetapkan solusi hukum yang aktual dan realistis. Tulisan ini berangkat dari kenyataan bahwa produk fikih perempuan juga dipengaruhi oleh karakteristik manhaj dan metode ulama dalam menetapkan hukumnya. Melalui kajian studi literatur (riset kepustakaan) dan pendekatan Fikih-Usul Fikih, tulisan ini menemukan bahwa ada tiga karakter metodologi atau manhaj ulama dalam fikih perempuan yaitu al-tasyaddud atau al-iftirati al-tafrit wa al-tahallul, serta al-wast wa al-i'tidal. Adapun dalam menetapkan hukum fikih perempuan kontemporer, para ulama menempuh metode melalui analisis komprehensif terhadap nas-nas hukum, atensi terhadap maqasid al-syari'ah, pertimbangan realitas sosial, dan pertimbangan terhadap perbedaan psikologis dan sosial perempuan. Di Indonesia, realitas aktivitas perempuan telah merambah ke dunia politik praktis sehingga menghasilkan respon pemikiran fikih yang beragam. Di sini terlihat bahwa problematika fikih perempuan kontemporer tidak sepi dari perbedaan pendapat ulama.

Diskursus Khilafah dalam Kajian Fiqh Siyasah Klasik dan Kontemporer

Until now, the Muslim community in Indonesia is flooded with massive information about the discourse of the obligation to establish a caliphate. Some argue that establishing a caliphate is an obligation for all Muslims. This article discusses the caliphate discourse in the study of fiqh al-siyasa in the classical era and the contemporary era. The discourse on the caliphate in the contemporary era has warmed up after the collapse of the Ottoman Turks in 1924, the debate on theme of the caliphate in the contemporary era is about whether there is a standard form of government and Islam, the legal status of establishing a caliphate, and so on. This theme is different from the themes of the discussion of the caliphate in the classical era, in this era, themes the caliphate revolved around aspects of Islamic leadership values, such as procedures for choosing a caliph/leader, political ethics that must be held by leaders and other state officials.

Urgensi Fatwa DSN-MUI Mengenai Manajemen Risiko Pembiayaan Berbasis Syariah

Risk management at Islamic financial institutions is still implementing bank Indonesia (BI) and Financial Services Authority (OJK) policies which previously applied the same to conventional financial institutions. The perfection of the enforcement of sharia principles in sharia financing institutions is not enough only in the aspect of transactional mechanisms, it needs to be supported by a sharia-based risk management system. The focus of this research includes the characteristics of Islamic financing, juridical aspects in the principle of prudence, and an overview of the maslahah of the urgency of sharia-based risk management. This research is normative legal research using a statutory approach and a benefits approach with a qualitative descriptive analysis. The results of the discussion show that a dynamic system also needs to be supported by juridical aspects to provide the legal force with the realization of regulatory solidity. At this regulatory level, in addition to the regulations issued by the OJK, the DSN-MUI fatwa is also very necessary and has a very urgent position. Because financing risk management is also part of the sharia economy that must maintain sharia principles, lest the application of sharia principles only exists in product technicalities, but does not apply to technical risk management. The expected sharia is the application of total sharia principles (kaffah), not partial ones.

Kesepakatan Menunda Kehamilan Bagi Pasangan Muda Perspektif Hukum Islam: Upaya Menekan Pernikahan Dini di Masa Pandemi

This research is an attempt to look deeper into why delaying early marriage is appropriate during the COVID-19 pandemic based on the view of Islamic law and the human rights approach. The phenomenon of early marriage during the pandemic had appeared and even jumped based on the data collected. This phenomenon encourages conditions of vulnerability (fiqh: mudharat) which will have an impact on the emergence of new problems and even conflicts for young people, especially if they already have children, given the pandemic conditions that often threaten the household economy. This study departs from the question of why Islamic law and human rights must play a role in reducing the number of early marriages during the pandemic based on the assumption of household vulnerability? How is the phenomenon of early marriage during the pandemic seen from the point of view of human rights and maqasid? This research is analytical descriptive with qualitative methods, and data collection is carried out by literature study on secondary materials to observe the phenomenon of early post-marriage during the pandemic. The results show that the function of Islamic law and human rights can be an important instrument to suppress the surge in early marriage, which will save young households from the vulnerability of household conflicts based on observations made during the covid pandemic.

Islam, Fatwa dan Negara: Meretas Pluralisme Hukum Perceraian di Aceh

The pluralism of divorce in Aceh has had an impact on the current practice of divorce. Fatwa, Jurisprudence, and the State also color the pluralism of divorce law, each of which has a normative and sociological power base. The Aceh MPU's fatwa tends to legitimize divorce regulated in fiqh books while the State has a different view of divorce law. This paper is a doctrinal study with a legal pluralism approach. This article argues that in substance there is a significant difference between the divorce provisions in the fatwa, fiqh, and state law. Fatwa and fiqh share the same view that divorce without witnesses and taking place outside the court is still valid, as well as triple talaq, whether pronounced cumulatively or separately, is still subject to triple talaq, this provision is different from divorce law which is regulated by the state and practiced in religious courts.

Jaminan Fidusia dalam Pembiayaan Murabahah: antara Jual Beli dan Hutang Piutang

The issue of shifting from sale and purchase transactions to service transactions due to the binding of collateral with a mortgage or fiduciary rights can become a transaction that is null and void. Solving legal issues related to how the concept of binding collateral needs to be seen in an ontological and philosophical scope. The binding of collateral on murabahah financing should be based on the existence of customer obligations for purchases that have not been paid off based on the Sharia Banking Law. The binding of collateral on murabahah transactions can also be carried out with mortgage rights or fiduciary guarantees based on the existence of customer obligations for purchases that have not been paid off as guided by the Mortgage Law and the Fiduciary Guarantee Law which has accommodated the binding of collateral by basing other main agreements other than the main agreement due to accounts payable.

Pengalihan Wakaf oleh Sarak Opat di Aceh Tengah Ditinjau Hukum Islam dan Hukum Adat

Waqf is one of the institutions of Islamic social institutions that contain socio-economic values that are expected to help to realize social welfare that benefits can be enjoyed together. However, there are many problems related to waqf land, one of which is the change in the designation of waqf land-based on adat meetings. The purpose of this thesis is to examine the legal position of waqf land that has changed its designation and implementation of waqf in Central Aceh District based on Islamic Law and Customary Law in terms of the Law. The research in this thesis uses the normative juridical approach The specification of the research conducted is analytical descriptive. Based on the results of this study, the legal status of waqf land that has been represented cannot be used if it is not in accordance with the waqf pledge, but there are exceptions to the waqf land that can be changed its designation and must follow the procedure for changes stipulated by Law Number 41 of 2004 Execution of existing land parcels in Central Aceh Regency, Islamic Law has been implemented correctly, but the state administration has not been implemented to the maximum.