Community Response to the Health Protocols in Organizing Weddings Ceremony During the Covid-19 Pandemic

Government regulations regarding health protocols during the Covid-19 pandemic have resulted in many impacts and dilemmatic atmosphere in almost all community activities relating to the economic, social, political, and religious fields. This effect can be seen clearly in all community activities, including in the implementation of wedding ceremonies and receptions. This study tries to identify the impact of these regulations on wedding traditions in the North Coast region of Java, precisely in Winong and Pucakwangi sub-districts, South Pati. The research focuses on two types of activities, namely the process of wedding ceremony and the wedding reception. This qualitative research uses a socio-normative approach. Data were collected through interviews, observation, and documentation which were then analyzed using qualitative descriptive analysis. Interviews were conducted with some prospective bride and groom couples and marriage registrats in the local area. This study found that citizens, starting from the general public to the social, political, and religious leaders, tend not to care about the provisions on health protocols regulated by the government. This tendency can be seen in the public's response to these provisions at the time of marriage, which can be classified into three types of groups, namely affirmative, conditional-adaptive, and ignorance

Analysis of the Application of the Wa‘d Concept in the Issuance Project Based Sukuk (PBS) in Indonesia

Indonesia, in recent years, has been trying to accelerate economic development, especially in the field of infrastructure development. This effort requires enormous funding, both from abroad and domestically. To expand funding sources from within the country, the government issued Project Based Sukuk (PBS) which aims to finance infrastructure development through sharia-based financing instruments. PBS is indeed an alternative for Muslim communities who are interested in building the country's economy without being overshadowed by the element of usury. This instrument has a main contract in the form of ijarah, supporting contracts and promises (wa'd). The application of these contracts can only be said to be valid from the point of view of the Shari'ah if all the rules and conditions are fully complied with. This study tries to analyze the application of the wa'd concept in PBS, to find out whether all the rules and conditions set by Syara' have been implemented properly. Data were collected through interviews and literature review which were then analyzed using a normative approach. This study concludes that the application of the al-wa'd concept to PBS is in line with sharia principles, although there are still two issues that still need to be fixed, namely first: the problem of investor ownership of PBS assets which is only for benefits, not accompanied by ownership of the goods; both mechanisms for reselling PBS assets at a price equivalent to the nominal value of PBS, even though according to AAOIFI and Majma' al-Fiqh al-Islāmī al-Duwali sukuk assets may not be resold at a price equivalent to the nominal value of the sukuk.

Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.

Acculturation in the Inheritance Law of the Dayak Ngaju community

The Dayak community, as an agrarian community, respects and upholds the noble values of their ancestors. These values strongly affect their social and cultural system, including the customs and traditions of inheritance settlement. This research is descriptive-analytic using a phenomenology approach. The aim is to identify the uniqueness of the traditional heritage of the Dayak Ngaju tribe in Palangka Raya through the perspective of acculturation theory of culture and law. The study shows that the acculturation model that occurs in Palangka Raya is an adjustment model, in which the process of adjustment and adaptation of one culture to other cultures occurs without forming a new culture. In addition, this study also finds that the community kinship system also influences the application of inheritance law among the Ngaju Dayak indigenous people, Palangka Raya, Central Kalimantan.

The Effectiveness of Zakat Distribution at the National Zakat Agency

The effectiveness of zakat management in Indonesia can be seen from how far the zakat funds can be collected and properly distributed to the right people (mustahiq) by the zakat management agencies. This study aims to determine the extent of the collection, management, and distribution of zakat and its effect on the efficiency of zakat distribution by the National Zakat Agency in the 2008-2019 periods. This research uses the combination of qualitative and quantitative research, which the data source refers to the annual financial report of the National Zakat Management Agency in the 2008-2019 periods. Analysis of the Data uses the descriptive-qualitative and statistical-quantitative through correlation and linear regression tests. The results of this study show: first, the regulation of zakat has not been fully implemented in practice, so that the distribution of zakat has no positive and significant effect on the efficiency of zakat distribution; second, the role of zakat management institutions has no significant effect on the efficiency of zakat distribution in Indonesia; and third, the distribution of zakat and the role of zakat management institutions have no simultaneously positive and significant effect on the efficiency of zakat distribution in Indonesia, which is shown through the results of the significance test (F test) and the coefficient of determination test, as evidenced by the calculation results of the determination test only 19.1%, while the remaining 80.9% are other factors that are not studied. The implication of the results of this study is the management of zakat management must be improved so that its distribution becomes more effective and efficient.

Institutionalization of Islamic Law in Indonesia

This article discusses the institutionalization of Islamic law into national law in Indonesia. The aim is to analyze the possibility of incorporating Islamic Law into the national legal system. This desire is logical, considering that Muslims in Indonesia occupies the majority position (85%) and the community requires appropriate regulations sourced from the teachings of their religion. Based on the results of the 1979/80 BPHN legal review seminar, there are at least 3 (three) main things that could be done, namely; (1) making Islamic law one of the ingredients in the preparation of national law, (2) reviewing and updating national legal products originating from colonial law that is not following the elements of Islamic law. (3) coordinating new regulations which contain Islamic legal norms. This study finds the fact that not all provisions of Islamic law can be incorporated into national law. Only provisions of a civil nature and which are truly correlated with public order (public interest) can be adopted. Apart from that, the law is not only a legal product but also a political product. In other words, the configuration of legal politics in Indonesia shows a very close relationship with the political realm. Therefore, it is necessary to have a strong synergy between Muslim intellectuals and political actors.Keywords: Islamic law, legal politics in Indonesia, political configuration.

Legal Synchronization between Government Policy and Sharia Concepts on Lockdown Discourse during the Covid 19 Pandemic

This article aims to analyze government policies related to Large-Scale Social Restriction Policy (PSBB), known as lockdown, through the concept of Islamic law to find legal synchronization between the policy and the concept of sharia. The problem that will be answered in this study is how Islamic law regulates PSBB when an infectious disease occurs, and whether the PSBB policy has been intertwined with the provisions of the Shari'ah. This research is a normative-juridical that focuses on the problem of synchronization between the two legal systems; sharia and positive law. The results show that Shari'a provisions explicitly require that a lockdown be imposed for anyone and any interest (including collective worship activities) in an infectious area, except for medical personnel carrying out the mandate to provide health services to the community. Prohibition of going out or entering the disaster area can lead to the legal status of haram (strongly prohibited) or makruh (Lessly prohibited) depending on the level of emergency it causes based on information from medical experts. Thus there is a legal synchronization between the provisions of the Shari'a and government policies related to the lockdown, the policies that must be adhered to by citizens for the safety of the individuals and the people as well.Keywords: Covid-19, PSBB, synchronization of law.

Analyzing the Maduranese's Traditional Inheritance from al-Tūfi’s Maslahah Theory

This study reveals the tradition of inheritance distribution among the Maduranese community and analyzes it using the maslahah of al-Tūfi. Although the entire Maduranese community adheres to Islam, in terms of inheritance distribution, they tend to apply customary inheritance law, only a small portion of which applies Islamic inheritance law (farāidh). This research is qualitative research; the data is obtained from interviews, observations, and documentation. This study found that most Maduranese people only give inheritance portion to children's groups, rarely did they include other groups as stipulated in farāidh law. Apart from that, the distribution pattern is also different from one region to another. In Sumenep, for instance, the distribution of inheritance prioritizes girls over boys. In Sampang, priority is given to the eldest child, while in Bangkalan it is prioritized for the youngest child. Only in Pamekasan, the distribution of inheritance is distributed to all family members in equal portions. This pattern of distribution that does not comply with the provisions of Islamic inheritance law, when viewed from the perspective of maslahah al-Tūfi, is still in line with the principles of Islamic law because it aims to bring good, avoid conflict, as well as to adjust to customary provisions and community development.