DIGITALIZATION OF CREATIVE MARKETS: EFFORTS TO DEVELOP FAMILY ECONOMIC RESILIENCE IN LAMPUNG

This study aims to analyze the digitalization of the creative market on the economic growth of the family and to see the role of the family in the economic resilience of the community. This research uses a qualitative method with a case study approach that is field research. Sources of data from creative markets in two districts, namely Metro City and East Lampung. The results of the study indicate that the creative market is able to encourage family economic growth towards a more established direction, and build family relationships in economic resilience. The digitalization of the creative market has also been proven to be able to improve the family’s economy, such as meeting secondary and tertiary needs, education savings and retirement savings, fulfilling education costs, and fulfilling kitchen utensils. Another indication of the progress of the family economy is also marked by the development of fundamental aspects that support the creative economy, such as creativity, innovation, and invention. These three aspects can then affect creative business opportunities that are more wide open, more diverse livelihoods, easier to find additional income, souvenirs typical of tourist areas, and the title of a tourist city.

SELAGHIAN TRADITIONAL SANCTIONS UPON A PERSPECTIVE OF ISLAMIC LAW (Study on Serawai Community in Air Nipis District, South Bengkulu Regency)

This study discusses the issue of the application of selaghian customary sanctions to the Serawai people of South Bengkulu as well as examines the opinion of Islamic law on these sanctions. This study uses a qualitative method with a descriptive normative legal approach, to unravel the facts found in the field (field research). Based on the data collected through observation and in-depth interviews in the field, it was found that the form of selaghian that is still being practiced is selaghian sebambangan, a type of selaghian performed by a couple (male and female) with both of them secretly running away from the house with no friends, going to the house of a local traditional leader, then being told by someone else to tell the couple’s parents, to pick up the couple and marry them off. Customs impose fines that vary according to the severity of the offense committed. In terms of Islamic law, the provision of customary sanctions in the form of ta’zir punishment is legal and may be carried out as a good custom (‘urf shahih) with the aim of causing a deterrent effect for the perpetrators (zawajir).

THE URGENCY AND IMPLICATION OF BREAST MILK DONOR IN INDONESIA IN MASHLAHAH PERSPECTIVE

In Islamic teachings, the issue of breastfeeding is a very important issue to pay attention to, because it can have an impact on the issue of the prohibition of marriage and lineage. The purpose of this study is to dig deeper into the urgency of breastfeeding donors and their implications based on the practice of breastfeeding donors in Indonesia, and a review of the mashlahah of these breast milk donors. This type of research is library research, with analytical descriptive method. This research uses mashlahah theory with ushul fiqh approach. As a result, breast milk donation in Indonesia can be done by fulfilling several conditions: first, the request of the biological mother or the baby’s family. Second, the identity, religion, and address of the breast milk donor are clearly known by the mother or family of the baby receiving the donor. Third, the approval of the breast milk donor by knowing the identity of the donor recipient baby. Fourth, the breast milk donor is in good health and has no medical indication. Fifth, breast milk is not traded. Meanwhile, based on Ijtihâd istishlâhî, breast milk donation which aims to help babies who do not get breast milk from their biological mothers for certain reasons, is a humanitarian aid to save human life. Therefore, it is legally permissible to donate breast milk and can be categorized as mashlahah dharuriyat if the mother of the baby is sick and the baby is premature or sick. Including mashlahah hajiyat if the baby’s mother dies, or her whereabouts are not known.

ACCURACY TEST OF SUPERMARKET'S MUSHOLA QIBLA DIRECTION IN CIREBON CITY

This study aims to answer the questions that become the formulation of the problem “How is the method of measuring the Qibla direction of the supermarket prayer room in Cirebon City” and “How to analyze the accuracy of the supermarket prayer room Qibla direction in Cirebon City.” This study uses qualitative research; the data collected uses observation, interviews, documentation, and literature study. They were then analyzed by the descriptive analysis method in narration. The results of this study: that the Qibla direction of the supermarket in Cirebon City has all measured the Qibla direction. The method of measuring the Qibla direction was carried out by the musala supermarket, where the author’s research uses the Qibla compass and the Qibla direction application on the smartphone. Of course, using the Qibla direction application on a smartphone is an inaccurate method. This method’s method is partly an error in determining the Qibla direction. Due to his ignorance of astronomy in measuring the Qibla direction and ignorance of the magnitude of the Qibla direction angle in the Cirebon City area, resulting in the Qibla direction of the supermarket in the Cirebon City area experiencing a wrong Qibla direction.

IMPACT OF FATWA UPON BANK INTEREST BAN ON THE DEVELOPMENT OF ISLAMIC BANKING IN INDONESIA

The purpose of this article is to describe the impact of bank interest ban fatwa on the development of Islamic Banks in Indonesia. Fatwa of the Indonesian Ulama Council number 1 of 2004 is the basis for various parties to contribute to realizing competitive Islamic banking. This fatwa has encouraged the Government to issue various rules in the form of laws and government regulations related to banking. The issuance of this rule is a serious proof of the government’s commitment to provide more space for the development of Islamic banking in Indonesia, in addition to being a proof of appreciation for the issuance of bank interest ban fatwa by the Indonesian Ulema Council. In addition, the bank’s fatwa on the ban on bungan has encouraged the role of the community to contribute real to the development of Islamic banking. The emergence of the Association of Islamic Economists (IAEI), sharia economic community (MES), the National Committee of Islamic finance which is now renamed to the National Committee of Islamic Economics and Finance (KNEKS) is a concrete evidence of community contribution to socialize and strengthen Islamic banking.

DYNAMICS OF HAJJ FINANCIAL MANAGEMENT REGULATION IN EFFORTS TO GOOD GOVERNANCE

Hajj financial management, especially within the scope of the Ummah Endowment Fund, has a dark record that must be corrected. Not only limited to investment, but the discourse of Hajj funds for infrastructure is also one of the government’s efforts so that Hajj funds can provide use-value. Legal certainty, justice, equality, prohibition of acting arbitrarily, and creating welfare and social cohesiveness in society are the principles of good governance. In Indonesia, to establish an orderly organization of Hajj, laws and regulations, government regulations, presidential regulations, and regulations for the Hajj Financial Management Agency have been made. As for the formulation of the problem in this paper, how are the dynamics of the financial management of Indonesian Hajj?, and how are the efforts to manage the Hajj finances based on good governance?. This research is library research, using a normative juridical method with a statutory approach. Some of the findings in this study indicate that regulations in the financial management of Hajj provide a polemic of its own so that it loses its identity and principle. Dualism of authority, inefficient management, and the potential for fraud are demands to fix the messy financial management of Hajj, towards good governance-based Hajj financial management.

SHARIA COMPLIANCE RISK IN ISLAMIC BANK: DOES INDONESIA NEED TO ADOPT NEW SHARIA RISK RATING APPROACH ?

The purpose of this study is to find the most relevant practice of supervision to manage Sharia Compliance Risk in Indonesian Islamic Bank based on the existing literature. The standard doctrinal approach is used to analyse, examine and evaluate the practice of Islamic banking supervision in Indonesia and Islamic banking in Malaysia for comparative purposes. The results revealed that the prior study on Sharia risk rating is applicable to manage Sharia Compliance Risk in Islamic Banks and their factors meet the Basel, AAOOIFI, and IFSB standards. However, there is no assessment made on evaluating the quality of supervision by Sharia Supervisory Board (SSB) members. Thus the study suggested the inclusion of additional factors on the performance of SSB. For Islamic Banking in Indonesia, this sharia risk rating approach can be combined with applicable internal and external risk rating techniques, to provide the promising quality of service and ensure that the offering of various products and services complies with Sharia rules and principles

CONCEPT OF WALI MUJBIR IN MARRIAGE (LEGAL CRITICISM OF COUNTER LEGAL DRAFT COMPILATION OF ISLAMIC LAW)

Responding to demands from a group of parties to formalize Islamic law, the Counter Legal Draft Compilation of Islamic Law (CLD KHI) team has compiled a pluralist, democratic, humanist, and gender fair Islamic law text.This manuscript reaps pros and cons during society because it is considered not in line with the values contained in the Qur’an and hadith.Because of the discrepancy between the opinions of most jurists in general with the contents of the CLD-KHI, of course, it will result in the absence of legal certainty in the future. The object of this research is only focused on the concept of walimujbir. The method used in this research is a qualitative method with a descriptive approach, data is collected openly according to what is obtained from primary and secondary sources. The results of this study indicate that the presence of a guardian in a marriage is positioned as a pillar of Marriage. In contrast, in the CLD-KHI formulation, a guardian is not required in a marriage. The formulation of Islamic family law reform offered by CLD-KHI is based solely on public logic, local wisdom, and on several perspectives such as democracy, pluralism, human rights, justice, gender equality, and western ideology. In matters of marriage, especially regarding guardians of mujbir, the ideas of CLD-KHI are different and even contradict the common understanding of principles of Islamic teachings and practices.

Cash on Delivery Payment System in Online Buying and Selling Perspective of Sharia Economic Law

Observing the phenomenon of the rise of online buying and selling with cash on delivery (COD) payment systems that are not following consumer satisfaction, this research aims to discuss the view of Sharia economic law in the process of online buying and selling with the COD payment system. This type of research is literature research, using qualitative descriptive methods. Its approach is through normative and empirical legal approaches in the form of case studies. The results of this study concluded that based on the propositions of the Qur'an and hadith and the opinions of fiqh scholars, basically doing business is allowed as long as there is no element of gambling, fraud, riba, gharar, and dharar. In the case of online buying and selling with the COD payment system, if the goods sold are halal, it is clear that the quality and quantity of goods are between those offered by the seller and those received by the buyer; the payment is no element of fraud and addition, except for the postage agreed at the beginning, then according to Sharia economic law, the law can (mubah). However, conversely, if the practice of buying and selling online with COD payments, there are elements of gharar (unclear goods), riba (additional price without replacement), tadlis (fraud), and dharar (danger) that have an impact on harming sellers or buyers, then the law is haram.

Relevance of The Fatwa of The Indonesian Ulema Council to The Renewal of Islamic Family Law in Indonesia (Study of MUI Fatwa Number: 4/Munas VII/MUI/8/2005 on Marriage of Different Religions)

Fatwa is a practical law similar to fiqh (al-ahkām al-'amaliyah). Therefore, the fatwa must be context-bound; context of time (tempus), place (locus), context of natural conditions, social context, demographic context, and other contexts. In the Indonesian context, the Indonesian Ulema Council (MUI) is the official state-recognized institution to issue fatwas as guidelines for Indonesian Muslims. This paper answers two questions: how is the MUI fatwa related to the legal status of interfaith marriages? Furthermore, is the MUI fatwa on interfaith marriage relevant to the reform of Islamic family law in Indonesia? As a result, although many scholars allow interfaith marriages because Muslim men and women are experts of the book, the MUI fatwa forbids interfaith marriages based on sadd al-dzari'ah to prevent negative impacts. This is a family law product with a renewal side, because it is responsive to social dynamics and changing times, by prioritizing the benefit based on maqasid shari'ah