Al-Ahkam
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Tracing the Genealogy of Maqāṣid al-Sharī'ah Concept: A Historical Approach
Full text linkThis paper aims to explore the emergence, continuity and shifting of the meaning of maqāṣid al-sharī’ah. Initially, maqāṣid al-sharī’ah entered into the study of uṣūl al-fiqh and later became an independent scientific discipline. Historically, the journey of maqāṣid al-sharī’ah has four periods, namely, the pre-codification era, the first development era, the second development era, and the maturation era as a scientific discipline. This paper is qualitative with a descriptive-analytic method, namely exploring the concept of maqāṣid al-sharī’ah in various literature. The findings in this paper are, first, the history of the emergence and development of maqāṣid al-sharī’ah is closely related to the enforcement of Islamic law. Second, the continuity of maqāṣid al-sharī'ah is an ideological concept because it is based on the prevailing paradig
Review of Equity Crowdfunding Practices through Santara.id in the Perspective of Islamic Economic Law
Full text linkThis article aims to find out the mechanism of equity crowdfunding through the santara platform from Islamic economic law. This article uses a qualitative method using library data. This article finds that santara.id is an intermediary between investors and issuers in developing a business. The scheme is similar to the muḍārabah contract, the investor is identical to ṣāḥib al-māl, and the issuer is identical to the muḍārib. However, this activity cannot be considered as muḍārabah cooperation because there has been no concrete agreement regarding the muḍārabah agreement. This article provides suggestions so that santara.id can further develop the platform's promotion in the community. It is because santara.id can provide investment services for the middle class, both as investors and issuers
Maqāṣid al-Sharī’ah Values in al-Māwardī’s Concept of the Caliphate
Full text linkThis article aims to reveal the values of maqāṣid al-sharī'ah in al-Māwardī's concept of the caliphate. He emphasizes the relationship between politics and maqāṣid al-sharī'ah, both of which aim to realize the benefit. Through literature study using the descriptive-analytical method, this paper finds that his basic concept of the caliphate is influenced by his understanding of maqāṣid al-sharī'ah, including maqāṣid al-imāmah, wasīlah legal status, and maṣlaḥah rules. All three are criteria and conditions that a leader meets. He succeeded in formulating a series of prerequisites for a leader to realize the benefit of the people. These prerequisites are in line with the substance of maqāṣid al-sharī'ah
The Enforcement of MUI Fatwa Number 1 of 2003 concerning Copyright for Merchants Selling Pirated VCD and DVD in Manado City
Full text linkThis article aims to determine the enforcement of the MUI Fatwa Number 1 of 2003 concerning Copyrights for Muslim merchants selling pirated VCDs and DVDs in Market 45, Manado City. A qualitative method with observation, interview, and documentation techniques was used to analyze the data. Of the six Muslim traders interviewed, the results showed that the MUI fatwa enforcement was ineffective due to the lack of socialization and evaluation of merchants. Also, the merchants did not stop selling pirated products because they lacked religious understanding and awareness and lived below the poverty line. At the same time, the authors' economic rights become a barrier to the public in accessing the product because it is valued beyond the ability of consumers. This study suggests that the MUI ought to pay attention to the economic balance between the authors' economic rights and the public, such as merchants
Al-Ḥīlah al-Shar'iyyah as a Method in Responding to Prayer Problems in Space
Full text linkThis paper describes the prayer problem for Muslim astronauts in space and provides solutions using the al-ḥīlah al-shar'iyyah method. This paper is qualitative with descriptive-analytic research methods with data sourced from the literature. This paper finds that with the al-ḥīlah al-shar'iyyah method, Muslim astronauts can still carry out their obligations as a mukallaf. They get rukhṣah (dispensation), both related to the direction of the qibla and the determination of prayer times. Rukhṣah, as a result of the al-ḥīlah al-shar'iyyah method, helps Muslim astronauts in two conditions at once, first, in their position as scientists who carry out scientific missions. Second, in his position as a Muslim with his obligations to carry out the sharī'ah
Yūsuf Al-Qarḍāwī's Istinbāṭ Method and Its Implementation in the Moderation of Islamic Law
Full text linkThis paper described the formulation of Yūsuf al-Qarḍāwī's isntinbāṭ method towards moderate fiqh. The choice of this theme was based on the existence of two demeanours in religion, between permissive and inclusive. Two main questions in this research were, first, how did Yūsuf al-Qarḍāwī formulate the istinbāṭ method for moderate fiqh? Second, how is the implementation of this method in formulating Islamic law? This paper concluded two things through a literature study with the descriptive-analytic method. First, there were six formulations of the istinbāṭ method for the moderation of Islamic law. a. Examining the maqāṣid contained in the text before determining Islamic law, b. Linking texts and Islamic law with texts and other Islamic laws. c. Understanding texts in the frame of asbāb (al-nuzūl or al-wurūd), both micro and macro. d. Distinguishing between constant maqāṣids and changing instruments. e. Adjusting between al-thawābit and al-mutaghayyirāt. f. Observing the difference between worship and mu’āmalah in terms of wisdom, ‘illah and maqāṣid. Second, this method of istinbāṭ could produce fiqh with a flexible, elastic, dynamic, adaptive, and easy-to-practice
Justice Ontology; A Study of ‘Umar Ibn Al-Khaṭṭāb’s Ijtihād
Full text linkThe paper was conducted to discover the nature of justice in the view of 'Umar Ibn Al-Khaṭṭāb and to reveal his ijtihād from the point of view of a philosophical theory of justice. This research includes philosophical research that is historical-factual about a character with the type of library research then analyzes and presents it in a descriptive form. This paper finds that the essence of justice in the view of 'Umar Ibn Al-Khaṭṭāb is acceptable behavior that is animated by the principle of equality. 'Umar Ibn Al-Khaṭṭāb has applied the principle of equality before the law. He treats reason and revelation in harmony and balance in his ijtihād. 'Umar Ibn Al-Khaṭṭāb drew inspiration from the intellect that Allah had given him by capturing universal values brought by the Koran, such as justice and equality, which are valid forever. This research contributes to the flexibility of 'Umar Ibn Al-Khaṭṭāb in ijtihād, which is imbued with the principle of equality
Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman
Full text linkThis research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farā'iḍ. The final solution is to move or eliminate assets above pusaka tinggi
Initial Coin Offering (ICO) in Perspective Law of Sharia Business
Full text linkTixl (TXL) is a crypto money project that uses Initial Coin Offering (ICO) to fund its development phase. Various problems underlying the existence of Tixl (TXL) and the proposed solutions are closely related to the condition of society in the information technology era. This study aims to determine the various factors underlying the use of ICO as a way to raise funds, examine Tixl (TXL) as a crypto money project and its position in public life which is reviewed in the perspective of the maṣlaḥa mursala, and token sales transactions in ICO organized by Tixl gmmbH in the perspective of Islamic treaty law. This research is a library research using a conceptual approach and qualitative analysis techniques. This paper shows that there are three factors underlying the use of ICOs as a way to raise funds, namely a change in orientation in the business model, tokenization, and characteristics of business activities. As a crypto money project, Tixl (TXL) cannot provide benefits that are comprehensive or kully, even the harm caused is greater than the benefits. Transaction of token sales in ICO held by Tixl (TXL) is a transaction that is damaged because it is contrary to maqāṣid al-sharī'ah
Zakat Management in Indonesia: a Legal Political Perspective
Full text linkThis article aims to describe the management of zakat in Indonesia in a political and legal perspective carried out by BAZNAS (Badan Amil Zakat Infaq and Sadaqah) and LAZ (Lembaga Amil Zakat). Management of zakat management in a political-law approach is manifested in the zakat management regulations in Indonesia, namely Law no. 23 of 2011 concerning Zakat Management. Through literature research with a political-law approach, this research finds the following three points. First, the existence of BAZNAS is legitimized by law as a non-structural institution under the President, which has the authority to manage zakat, whether it is the collection, distribution or development of zakat assets. Second, as a consequence, taxes that have been paid through central BAZNAS or regional BAZNAS can reduce taxable assets. Third, BAZNAS has the power to recommend LAZ as well as supervise LAZ's performance at all levels, and the results are reported to BAZNAS