Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
Not a member yet
974 research outputs found
Sort by
Pendapat para Ulama Kabupaten Gresik terhadap Penggunaan Uang Elektronik menurut Hukum Islam
Full text linkThis study aims to determine the opinion of the Ulama in Gresik Regency on the Use of Electronic Money according to Islamic Law. This field research uses a descriptive analysis method related to the views of the scholars of Gresik Regency on the use of electronic money. The data is then analysed using the Fatwa of the National Sharia Council (DSN) Number 116/DSN-MUI/IX/2017 concerning Sharia Electronic Money. Scholars in Gresik Regency stated that electronic money is only a modern payment tool in the card format that stores the money value in digital form. In general, electronic money can make it easier to use in all types of transactions, although it is not entirely reliable in terms of security. If the electronic money card is lost, the money value in the card will also be lost, and the owner cannot ask for accountability from any party. The scholars in Gresik Regency also stated that electronic money is halal and legal as long as it does not contain elements of gharar, is not used for things prohibited by religion. In purchasing electronic money, balances must be in the amount of cash paid so that usury does not occur. Thus this is also per the DSN-MUI Fatwa No. 116/DSN-MUI/IX/2017, which states that sharia electronic money is following sharia principles
Analisis Fatwa Jabatan Mufti Wilayah Persekutuan Malaysia Irsyad Al-Fatwa Ke 94 dengan Fatwa Majelis Ulama Indonesia Nomor 6 Tahun 2009 Tentang Otopsi Jenazah
Full text linkAutopsy is still unacceptable in the Islamic community. It is considered an act that hurts and destroys a corpse and also against Islamic law. The problem in this research is how the legal istinbāṭ method of autopsy for bodies according to the position of the 94th Mufti of the Malaysian Alliance Region Ersyad Al-Fatwa and the Fatwa of the Indonesian Ulama Council Number 6 of 2009 and how to compare the Position of the Mufti of the Malaysian Alliance Region, Irsyad Al-Fatwa 94 with the Fatwa of the Indonesian Ulema Council on legal istinbāṭ for autopsy bodies? This study is comparative study. The results, the Malaysian Association of Territory Mufti has determined that initially, it is legal to carry out an autopsy of a corpse to be permissible. Then it is legal to autopsy a body based on certain circumstances. The Indonesian Ulama Council also enforces the law on the autopsy of bodies as it must be based on certain circumstances. In a situation where a corpse autopsy is performed in order to save a still-living fetus in the womb of the corpse, it is mandatory
Membentuk Kemandirian Ekonomi Pesantren: Telaah terhadap Peran Kiai dalam Pesantren Al-Amien Prenduan, Madura
Full text linkThe role of the Kiai in the independence of the pesantren is very urgent and central. The Kiai determines the pesantren's journey because he has a significant role as the most responsible person. The Kiai is the highest leader in the boarding school structure and has enormous authority. So, the economic independence factor of the pesantren is an essential factor in the future and the determination of the direction of the pesantren by the Kiai. In this study, two problems become the focus of the study: First, how is the role of the Kiai in the economic independence of pesantren. Second, what factors shape financial freedom in Islamic boarding schools. The Al-Amien Prenduan Islamic Boarding School, Sumenep, East Java, focus on this research. This type of research is qualitative research by describing and collecting phenomena and data. Data collection techniques using observation, interviews and documentation. The data analysis method used descriptive analysis. Based on the research conducted, it is known that: first, the role of the Kiai in the economic independence of the pesantren is as a motivator, giver of ideas, advice, provider of capital, management controller, and decision-maker in various regulations that exist in the pesantren business unit that is managed. Second, internal and external factors are two factors that shape economic independence in Islamic boarding schools. Each component, either directly or indirectly, in the pesantren participates in supporting the economy of the pesantren, such as Kiai, administrators, asatidz, santri, and others are internal factors. Meanwhile, the external factor is that the community around the pesantren provides trust and support, such as employees in business units owned by the pesantren and by becoming consumers and investors
Studi Komparatif Kewenangan Pengadilan TIPIKOR dan Wilayah Mazalim
Full text linkThe paper aims to determine and compare the authority of the TIPIKOR court and Wilayah Mazalim Courts in the Islamic judicial system. The results of the study showed the similarity and differences in both judicial systems. The similarity is that they were established specifically to handle and resolve corruption cases. It is their authority, the TIPIKOR Court and Wilayah Mazalim, to settle and solve corruption cases. The differences are that the TIPIKOR Court has a lower level of institutional position than Wilayah Mazalim. It is because of Wilayah Mazalim is equated with the Supreme Court of today. Also, the TIPIKOR Court has a narrower scope of authority than Wilayah Mazalim. The TIPIKOR Court only wields power on corruption cases, whereas Wilayah Mazalim court, apart from handling and settling corruption cases, is also authorized to resolve other cases such as criminal acts
Keberlakuan KUHP dan Qanun Jinayat terhadap Tindak Pidana Pencabulan di Aceh (Studi Putusan Nomor: 417/Pid.B/2018/Pn.Jth)
Full text linkPenal Code is a material law applicable to any person who commits a crime in the state. Meanwhile, the criminal law of Aceh (Qanun Jinayat Aceh) is material law applies specifically to every person who is Muslim and who has committed a crime within the jurisdiction of the Aceh Province. In Decision Number 417 / Pid.B / 2018 / PN.Jth the defendant was sentenced by the judge to imprisonment for the indecent acts against the victim under Article 289 of the Criminal Code, the case also comes under Article 46 of the criminal law of Aceh (Qanun Jinayat Aceh). Thus, this paper aims to analyze the defendant's actions under Article 289 of the Penal Code of Indonesia and Article 46 of the criminal law of Aceh (Qanun Jinayat Aceh), as well as the court's decision. It concluded that: First, the defendant's actions are more under Article 46 of the criminal law of Aceh (Qanun Jinayat Aceh) regarding sexual harassment. Secondly, applying the case under the Penal Code is inappropriate because the public prosecutor overlook the principle of criminal law, namely; lex specialis derogate legi Generali in formulating a criminal act
CONSTRUCTION OF VILLAGE AUTONOMY REGULATION IN ACHIEVING PEOPLE'S WELFARE: CRITICAL REVIEW LAW NUMBER 6 OF 2014 ON VILLAGES
Full text linkThis study aims to explore the construction of Village autonomy arrangements to realize people's welfare. As it is understood, the issuance of Law No. 6 of 2014 on Villages has become a new chapter of autonomy regulation in Indonesia, which opens space for villages to be independent and autonomous. This research is juridical-normative research, which includes a descriptive-qualitative type—using secondary data from primary and secondary legal materials. This study applies statute, conceptual and hermeneutic approaches to data analysis. The findings of this study are that in realizing people's welfare, the construction of village autonomy arrangements is based on comprehensive and integrated planning based on each region's potential. So that each region gets benefits and benefits together. The realization of this welfare includes two components: the provision of essential services in the village and the development of the village economy based on local resources' potential
FIQIH AND PROGRESSIVE LAW: Study of Inequality and Racial Issues in America
Full text linkRacial issues and gaps in the US are a phenomenon that the world is witnessing, where intimidation against minority groups is often heard, and this act certainly contravenes the values of appropriateness and human values people of all races highly respect. This research is literature-based in which the data was analyzed in descriptive method based on content analysis. This research aims to reveal the racial issues in the US seen from the perspective of Fiqh and progressive law. The findings of this research imply that this phenomenon contravenes the fundamental principles of fiqh and progressive law
Relevance of Ijtihad Ibn Taimiyah to Contemporary Jurisprudence
Full text linkThe ijtihad Ibn Taimiyyah update was built in two models of ijtihad; istidlal and istinbat. Relevance strengthening of the naqly istinbat evidence and the approach of rationality independence (istidlal) is urgently needed. Although in reality, Ibn Taimiyyah was more likely to wear the istinbat model than istidlal. Ibn Taimiyyah said the foundation of the ijtihad method comprehensively, the naqly and ‘aqly evidence applied simultaneously in every determination of Islamic law. Upon consideration of every sharia law, there must be a good content of shari'a purposes, then ibn Taimiyyah's most popular view is that valid shariah evidence must correlate with the correct rational evidence. Ibn Taymiyah's legal method uses: (1) the Qur'an, (2) sunnah, (3) ijmâ', (4) qiyas, (5) istish}ab, and (6) maslah}ah al-mursalah. There is a strong relevance between the renewal of ijtihad Ibn Taimiyyah and the development of Islamic law, especially in the field of contemporary jurisprudence with the approach of mas}lah}ah. Such as the ability to exchange and sell waqf property, the ability to appoint leaders from non-Muslims, the ability to buy and sell goods embedded in the ground, and the ability to buy and sell goods on credit.
Abstrak: Pembaruan ijtihad Ibn Taimiyyah dibangun dalam dua model ijtihad; istidlal dan istinbat. Penguatan relevansi pembuktian naqly istinbat dan pendekatan independensi rasionalitas (istidlal) sangat dibutuhkan. Meski pada kenyataannya, Ibnu Taimiyyah lebih cenderung memakai model istinbat daripada istidlal. Ibnu Taimiyyah mengatakan landasan metode ijtihad secara komprehensif, dalil naqly dan 'aqlī diterapkan secara simultan dalam setiap penetapan hukum Islam. Berdasarkan pertimbangan setiap hukum syariah, harus ada isi yang baik dari tujuan syariah, maka pandangan paling populer ibn Taimiyyah adalah bahwa bukti syariah yang valid harus berkorelasi dengan bukti rasional yang benar. Metode hukum Ibnu Taimiyah menggunakan: (1) Al-Qur'an, (2) sunnah, (3) ijma', (4) qiyas, (5) istishab, dan (6) maslahah al-mursalah. Terdapat relevansi yang kuat antara pembaruan ijtihad Ibnu Taimiyyah dengan perkembangan hukum Islam, khususnya dalam bidang fikih kontemporer dengan pendekatan maṣlaḥaḥ. Seperti kemampuan menukar dan menjual harta wakaf, kemampuan mengangkat pemimpin dari non muslim, kemampuan jual beli barang yang disematkan di tanah, dan kemampuan jual beli barang secara kredit
Nasab Anak di Luar Perkawinan Perspektif Hukum Progresif dan Maqāṣid Sharī’ah
Full text linkThe granting of rights in civil relations for children born out of wedlock with their biological fathers can be regarded as an effort to protect children's rights as human beings or citizens. Legislation should exist to protect children's human rights as legitimate children. Article 2 Paragraph (2) and Article 43 Paragraph (1) of Law no. 1 of 1974 concerning Marriage is considered to cause legal uncertainty, which results in loss of marital status and the legal status of children born outside of marriage according to the law. On the other hand, the shari'ah rules relating to the validity of Marriage and civil relations, including lineage, guardianship, inheritance, are expressly regulated by the shari'ah, carried out and internalized in their implementation. This study aims to analyze how the rights of children outside of Marriage in the decision of the Constitutional Court Number 46/PUU-VIII/2010 from the perspective of Progressive Law and how the lineage rights of children outside of Marriage according to maqāsid-al-sharī'ah. This study uses a qualitative method with a juridical-normative approach. The object of this research study is Constitutional Court Decision No. 46/PUU-VIII/2010. The Constitutional Court's decision caused the child's civil rights to be strengthened in the eyes of the law to reflect the application of progressive legal principles. Based on the maqāṣid-al-sharī'ah perspective, the Constitutional Court's decision that defends the rights of children outside of Marriage can be categorized as protecting the soul, which includes maṣlaḥah ḍarūriyah
Hukum Ekspor Ganja menurut Majelis Ulama Indonesia dan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika
Full text linkIndonesian Ulema Council (MUI) and Law Number 35 of 2009 concerning Narcotics. Research data was collected through documentation and interviews and then analyzed comparatively, comparing marijuana export laws according to the Indonesian Ulema Council (MUI) and Law Number 35 of 2009 concerning Narcotics. This study concluded that the export of marijuana, according to the MUI, is not allowed or called haram. This is based on marijuana exports based on Islamic law, that Islamic law prohibits the consumption of marijuana and its distribution. It is also based on the rule of la dharara wa la dhirara (must not cause harm to oneself, nor harm others). According to Article 18 of Law Number 35 of 2009 concerning Narcotics, marijuana exports may be carried out if there is permission from the minister to pharmaceutical companies under the provisions of laws and regulations.
Keywords: export, Marijuana, Islamic law, MUI, law.
Abstrak: Artikel ini membahas tentang ekspor ganja menurut Majelis Ulama Indonesia (MUI) dan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika. Data penelitian dihimpun melalui dokumentasi serta wawancara kemudian dianalisis dengan komparatif, yaitu membandingkan hukum ekspor ganja menurut Majelis Ulama Indonesia (MUI) dan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika. Penelitian ini menyimpulkan bahwa ekspor ganja menurut MUI tidak diperbolehkan atau disebut dengan haram. Hal tersebut didasarkan pada dasarkan ekspor ganja pada pinsip hukum Islam, bahwa hukum Islam mengharamkan konsumsi ganja dan penyalurannya. Hal tersebut juga didasarkan pada kaidah la dharara wa la dhirara (tidak boleh menimbulkan atau menyebabkan bahaya bagi diri sendiri, dan tidak boleh pula membahayakan orang lain). Menurut pasal 18 Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika, ekspor ganja boleh dilakukan bila ada izin dari menteri kepada perusahaan farmasi sesuai dengan ketentuan peraturan perundang-undangan.
Kata Kunci: ekspor, Ganja, hukum Islam, MUI, undang-undang.