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ANALISIS NORMATIF-FILOSOFIS FATWA DEWAN SYARI’AH NASIONAL MAJELIS ULAMA’ INDONESIA (DSN-MUI) TENTANG TRANSAKSI JUAL BELI PADA BANK SYARI’AH
Get PDFDSN-MUI uses trade transactions in Islamic financial institutions in order to avoid interest rate system. Moral and legal issues had became the important thing in the formulation of trade transaction in syariah banking, since the concern about the system of interest that still exist in syariah banking’s trade transaction. This means that the trade transaction on syariah banking according to fatwa DSN-MUI still contains usury (riba). This paper intends to explore the important things about the rules and practices of trade transaction on the syariah banking according to DSN-MUI. This study concluded that DSN-MUI performs ijtihād taṭbīqī to facilitate the concept of trade operations on syariah banking. DSN-MUI’s fatwa about trade transaction appears to correspond to a normative concept of fiqh. It's just that there is ambiguity in the salam and istithnā' contract and less attention to the philosophy of trade. The trade transactions were reduced as provision of funds for purchasing of goods, with multi contract institutions. The use of supporting contracts that are not true will potentially lead to morality inconsistencies in trade transactions
TELAAH KRITIS PUTUSAN SIDANG ITSBAT PENETAPAN AWAL BULAN QAMARIYAH DI INDONESIA DALAM PERSPEKTIF USHUL FIKIH
Get PDFThis study aims to criticize the implementation of the Itsbat Conference (a conference determining the beginning of Qamariyah month) implemented by the government through the Ministry of Religious Affairs. Among the important issues is what is the main factor causing the disagreements and how is the position of Itsbat Conference in usul fiqh point of view? Research carried out on the results of Itsbat Conference on Ramadhan and Syawwal in 1381 H - 1434 H / 1962 AD - 2011 AD. The study concluded that the disagreements tend to occur due to the critical height of the new moon and approach in determining the new moon. According to usul fiqh, Itsbat Conference can be seen in multiple perspectives; The first, it is an obligation on the government as a representation of imam, to facilitate and support the implementation of the totality of praying; Second, it is a form of state responsibility to the people to promote unity, especially in the implementation of praying, by minimizing disagreements and conflicts. Thirdly, to realize maslaḥat ‘āmmah, the essence of the maqāṣid al-sharī’ah. Itsbat Conference is one example of maslaḥat ḥājiyyah needed to complete the fasting of Ramadhan, ‘Idul Fitr, and Idul Adh
FATWA ALIRAN SESAT DAN POLITIK HUKUM MAJELIS ULAMA INDONESIA (MUI)
Get PDFMUI (The Indonesian Council of Ulama) is an institution established by the government of Indonesia that one of its functions is to formulate religious fatwas. The existence of the MUI as the representatives of various religious organizations, and therefore claimed to be the big tent of Muslims, became the basis for the existence of these functions. Nevertheless MUI’s fatwas on religious denominations in Indonesia, is considered partly responsible for the occurrence of discriminatory behavior and violence based on religion. This article would like to see the political aspects of the law on the MUI’s fatwas about the deviant groups which is considered as a barrier of religous freedom in Indonesia and at the same time as the trigger acts of violence based on religion. MUI’s fatwas about the deviant groups can be analyzed in at least two approaches. First, in the perspective of the discourse of blasphemy, and second from the perspective of the discourse of legal pluralism, institutionalizing MUI, and theology
PROBLEMATIKA DAN PROSPEK WAKAF PRODUKTIF DI INDONESIA
Get PDFThis paper aims to describe and analyze the problems and prospects of endowments (perwakafan) in Indonesia, mainly related to the enactment of Law No. 40 of 2004 on Waqf. An analysis of the problems focused on management of waqf properties by waqf institutions that are still traditional and far from productive orientation. The problems on waqf management are triggered by several things, such as: Lack of socialization on fiqh waqf and regulations about waqf from the state; not seriusly management of waqf, the issue of nadzir commitment, weak institutional monitoring system, and problems of funding. The enactment of the Law of Waqf believed to be the initial breakthrough has strategic and significant meaning in order to strengthen the better prospects of waqf institutions in Indonesia for tomorrow. It was at least found on some of the indicators in the Law of Waqf, namely: progressive thinking about productive waqf (cash waqf), institutional strengthening on waqf, structuring the management of waqf administration, and law enforcement of waq
REKONSTRUKSI PEMIKIRAN HUKUM ISLAM MELALUI INTEGRASI METODE KLASIK DENGAN METODE SAINTIFIK MODERN
Get PDFThis article discusses methodological thinking about integration deals between classical methods with modern scientific methods in a project of reconstruction of Islamic legal thought. The idea of this paper is motivated by the need for the development of Islamic thought, especially in Islamic law. Philosophically, the real emergence manhaji-eclectic method as a result of integration between the classical methods and modern scientific methods is possible. Implementation of the integration must meet the main prerequisites: first, making al-maṣlaḥah al-'āmmah (public decency) or maqāṣid alsharī’ah as a decisive consideration in seeking a legal aid in three main domains, namely ḍarūriyyah (urgent needs) ḥājiyyah (normal needs), and taḥsīniyyah (complementary needs). The second prerequisite, is the emergence of human consciousness that the classical method will not capable to answer the challenges that change dynamically. While the third, is the willingness of people to change to something new and better, as the implementation of al-muḥāfaẓah ‘alā al-qadīm al-ṣāliḥ wa al-akhdh bi ‘l-jadīd l-aṣla
الإشكالات التطبیقیة في المصارف الوقفیة من منظور الفقھ الإسلامي
No full textWaqf is considered to be one of the most important institutions of voluntary sector which exists in the Islamic heritage. Waqf have a dual function; religious and social, which makes it still always exist until today. In performing its role, waqf institutions will face the problems of the management of waqf. Blurring property ownership of institutions of social charity with waqf property, is one of the problems experienced by those waqf institutions. Besides that what needs to be done if the results of the management of waqf property is still lacking to fulfill the rights of mawqūf ‘alayh or oppositely. The other problem is about the right of mawqūf ‘alayh to rent waqf property below the standard prices. This paper aims to describe the problems mentioned above as well as effort to solve the problems in authoritative Islamic perspectives. One of the methode is the implementation of tarjīḥ to the scholars argumentations
STATUS HUKUM PEREMPUAN MENURUT IBN ḤĀZM DAN KEDUDUKANNYA DALAM KOMPILASI HUKUM ISLAM (KHI)
Get PDFThis study based on library research that discusses the legal status of women in the view of Ibn Ḥāzm. This study intends to answer three important questions; first, how the circumstances of the biography of Ibn Ḥāzm and socio-historical culture that surrounds his life; second, how the thought of Ibn Ḥāzm about the legal status of women; third, is there any thought of Ibn Ḥāzm relevance to the concept of gender in islamic law compilation (KHI). This research is expected to contribute at least in three points of view; first, examine the biography of Ibn Ḥāzm and educational history and culture surrounding his social life; second, describe Ibn Ḥāzm’s modern thinking with regard to the legal status of women; and third, discover the extent of the relevance of his thinking on gender discourse in KHI. Using istiṣḥāb, Ibn Hazm concludes that women and men have the same high legal status. This thought even beyond the perspective of gender, human rights, multiculturalism, pluralism and democracy that are still not familiar with Indonesian ulama’. This is among the arguments that claimed as the reason for the failure of the initiative of KHI Counter Legal Drafting (CLD)
JA’FAR AL-ṢĀDIQ DAN PARADIGMA HUKUM MAZHAB JA’FARI
Get PDFThis article explores the legal paradigm of the Ja’fari school of law. The article presents the profile of Imam Ja’far, the founder of this school of law. It also discusses some legal thoughts presented by the Ja’fari school of law, which seemed to be fundamentally different from the legal thoughts of the Sunni school of law (e.g., khumus and mut’ah). This article concludes that the legal sources used in the Ja’fari school of law are not fundamentally different from those used in the Sunni school of law, which include the Quran, the Sunnah, Ijma, and reasoning. Although there might be different approaches among the Ja’fari school of law and the Sunni school of laws in defining these legal sources, this article indicates no principle difference in legal making procedure. As a matter of fact, the differences in the legal making process could also exist among the Sunni school of laws
EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA JAWA TENGAH
Get PDFMediation as one of Alternative Dispute Resolution (ADR) is seen as a way dispute resolution humane and just. Humanist because the mechanism decision-making (the peace agreement) become the authority of the parties dispute and maintain good relations. Fair because each party negotiate to option a problem solution from his problem and outputs a win-win solution. Therefore, dispute resolution with litigation is becoming obsolete and people turn to mediation. Through the Supreme Court Regulation (Perma) No. 1 In 2008, mediation has been integrated into the proceedings in the court system. Every civil matters must completed first by way of mediation. Each judge's decision not by way of mediation first, the decision shall be considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases in the Religious Court Central Java, because of a divorce case is a matter of the highest ranks in the Religious Court. The focus of the study is the implementation of divorce mediation cases, mediation success standard divorce cases and the litigants public response to the peace efforts through mediation procedure
ISLAM, KORUPSI DAN GOOD GOVERNANCE DI NEGARA-NEGARA ISLAM
Get PDFThe revitalization of religion function —that some people think— is an effective instrument to fight the cancer of corruption and also the implementation of democratization and liberalization of the market. Value systems, moral teachings and spirituality in religion are considered to be opposite of the corruption characters growing in the contemporary society. The more religiosity of a society leads to the expectation for the lower corruption. However, according to the Corruption Perception Index (CPI) data, we will exactly find a tendency of paradoxical phenomena. For example, in the context of Islamic countries, the high of influence for the Muslims belief to their religion is not directly proportional to the commitment of the corruption eradication in the Muslim populized countries mostly. This phenomenon deserves to be shared reflection, to find the answers of classic questions; why does corruption tend becoming habit of Muslim community who are uphold moral principles and integrity in social life and state? It causes this article to discuss the relationship between religion and corruption in general, and also to elaborate it by dealing with the experience of Islamic countrie