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Al-‘Alāmah al-Tijāriyyah wa Ḥimāyatuhā fī al-Qānūn al-Indūnīsī: Dirāsah Fiqhiyyah Taqwīmiyyah
Full text linkThe trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishmen
Sharia and Moon Sighting and Calculation Examining Moon Sighting Controversy in Nigeria
Full text linkOne of the important issues Muslims face which needs to be addressed scholarly and juristically is the issue of whether the start and end of the lunar months through Astronomical Calculations is valid in Islamic Jurisprudence, or is physical moon sighting the only valid opinion. Scholars on the two sides of the divide present arguments and support their views by citing the same sources. In Nigeria, moon sighting has been a serious problem for many years. The Islamic calendar is lunar. Lunar calendars follow the phases of the moon, beginning with the crescent moon and ending with the conjunction of the moon. The foundation of legal ruling in Islam is the Qur’an and the Sunnah. It is in the absence of decisively authentic and unequivocal texts that, scholars may resort to ijtihad. There are several positions on moon sighting. The most prominent are regional sighting, physical sighting globally, Mecca time-point for reference, and Astronomical Calculation. The popular view among Muslim jurists is the actual sighting of the crescent. The paper, therefore, concludes that all the aforementioned trends are acceptable. Eid al-Adha is independent of Arafah because both are observed on different days, therefore the observance of Eid al-Adha on Arafah day in any part of the world is allowed and acceptable. However, the evidence compels Muslims to follow the opinion of the majority of Muslims in any country. The paper, therefore, recommended the establishment of a Federal Ministry of Islamic Affairs to be in charge of moon sighting and Eids.
Kafā’ah in Kiai Ṣāliḥ Darat's Perspective
Full text linkAccording to Kiai Ṣāliḥ Darat, kafā’ah means equal or similarity between the prospective bridegroom and bride in their perfect nature and lack. There are five categories of kafā’ah, 1) survivors of marital defects, 2) independence, 3) noble people, 4) fair and ‘iffah in religion, 5) good limbs and work. For him, property is not included in the category of kafā’ah because it cannot be measured and can be lost at any time. Using library research with the primary source of the book Majmu’āt al-Sharī'ah al-Kāfiyah li al-‘Awam by Kiai Ṣāliḥ Darat, the concept of kafā’ah will be elaborated. The collected data were analyzed using interpretive descriptive methods. This study concludes that treasure is not a priority in the kafā’ah category because it is not a gift but a trial. Treasure is not something noble, because it is not the legacy of noble people such as prophets, apostles, and previous salih people but the inheritance of despicable people like Qarun, Hamman, and Pharaoh. An ahlul ‘ilmi who married his daughter to ahlul arto, because of his wealth, he changed from ahlul ‘ilmi to ahlul jahli
Murābaḥa Reconstruction: Its Application in the Electronic Journal in Indonesia
Full text linkThis study aims to look at changes in murābaḥa, both in terms of theory and practice in contemporary banking. Contemporary murābaḥa practices refer to articles and research results that are circulating very dynamically and in some aspects undergo an update or modification. This research explores contemporary scientific articles on murābaḥa circulating in cyberspace, which do not experience changes at the concept level but a change in practice. Murabaha, like special sales, often does not appear to be a murābaḥa practice, even the terms of the sale and purchase agreement cannot be done. This study found that murābaḥa changed in terms of contracts, pricing, and some conditions
Trade in-Game Meat in Jagaraga Village, West Lampung from an Islamic Law Perspective
Full text linkThis study aims to see the legal status of the game meat trade in Islamic law. This type of research is field research, using observation and interviews with hunters and players who buy and sell game meat. Trading in-game meat must not violate religious and state regulations. This paper finds that hunting and trading animal meat in the field against protected animals is prohibited by Islamic law. Hunting needs to be supervised by those who care so that the ecosystem is well preserved
Accuracy of Solar Eclipse Calculation Algorithm Based on Jet Propulsion Laboratory Data Nasa
Full text linkDE200 and DE405 are Development Ephemeris (DE) series released by the National Aeronautics and Space Administration (NASA) in 1981 and 1997. NASA uses DE405 to predict solar eclipses in 2011-2020. While before 2011 and after 2020 NASA uses VSOP87/ELP200 theory-based DE200. Why NASA not only use more updated series DE405 and still use old release DE200? What is the difference of DE200 accuracy compared to DE405 to predict solar eclipse? This needs to be researched because the solar eclipse predicted by NASA is used as a reference by the researchers. To answer this question, this paper proposes a solar eclipse computation algorithm based on DE200 and DE405 data and the results will be compared with the results of observations of the March 9, 2016, solar eclipse that have been carried out langit selatan to find out a more accurate DE series. The results of this study indicate that the DE200 series is more accurate than DE405 with an average difference of 0.5 - 0.6 seconds with the results of observations
The Contribution of Islamic Bank in Poverty Alleviation
Full text linkThe existence of Islamic banks as one part of Islamic financial institutions should contribute to improving the economy, one of which is to reduce poverty. Therefore, the purpose of this study is to investigate the effect of financing variables, asset variables, and Islamic bank office variables on poverty levels. The sample used to be Islamic Commercial Banks (BUS) in the 2013-2017 period, with a total of 110 samples. The methodology used is quantitative with multiple regression statistical analysis and statistical data processing using SPSS software version 20. The results of the study note that financing has a negative and significant effect, namely, the higher the financing of Islamic banks, it will reduce poverty. However, the total assets and the number of networks that have a positive and significant effect, namely the increase in total assets and branch networks, it will affect the increasing amount of poverty. That is because the assets of Islamic banks are supported by the majority savings and the not optimal yet of distribution of financing from Islamic banks to the community. Also, the existence of the Islamic branch office tends to be found in provincial capitals and big cities, so that the communities in rural and remote areas are still not reached by Islamic banks
Chemical Castration for Pedophiles: Study of Fiqh Problems in Indonesia
Full text linkChemical castration is a punishment against pedophiles, who have committed acts of crime that are considered an extraordinary crime. Pedophiles have ruined the future of children, with tremendous psychological and environmental impacts. This paper aims to uncover the problems of fiqh in Indonesia concerning chemical castration which has the aim of providing a deterrent effect for rape perpetrators of children. The data collection method in this study uses the literature study. There are differences in the views of legal experts with doctors. Legal experts decide on penalties for pedophiles with Law Number. 17 of 2016 concerning the Second Amendment to Law Number. 23 of 2002 concerning Protection of Children, while the Indonesian Doctors Association states reject chemical castration punishment, following the Code of Ethics as stated in the rules of the Medical Code of Ethics Assembly (MKEK) Number. 1 of 2016 concerning Chemical Castration. Fiqh experts disagree over the castration penalty for chemistry. There is no castration punishment in the fiqh, because the Prophet Muhammad forbade castration, as opposed to Islamic principles. Some fiqh experts agree that chemical castration punishment includes ta'zīr, which is a sentence handed over entirely to the legitimate government. Thus, although the castration chemical punishment has been determined, in its implementation there are problems because there are still rejections and problems according to the fiqh exper
Transforming Islamic Law in Indonesia from a Legal Political Perspective
Full text linkThis article aims to discuss the transformation of Islamic law in Indonesia. This research is qualitative in the form of a literature study with a political-law approach. The idea of this paper is based on a misunderstanding of Islamic law and Islamic law and fiqh. Issues related to the debate on the application of Islamic law in the contemporary era also contribute to thoughts in this paper. This paper concludes that the transformation of Islamic law into national law is a difficult task. This is because Indonesia is a multi-cultural, multi-ethnic, and multi-religious country. The most important reason is due to the variety of Muslim understanding of religious text
Almanak Menara Kudus: Study of Ḥisāb Results in 1990 until 2019
Full text linkAlmanak Menara Kudus is the work of KH. Turaichan which is done by the method of ḥisāb qaṭ‘ī. The results of the almanac, especially the initial determination of Shawwal, are sometimes different from the Government and other Islamic calendars. However, after the death of KH. Turaichan, Almanak Menara Kudus held by Sirril Wafa –son of KH. Turaichan– has never been different from the results of the Government calculations and other Islamic calendars. This study discusses changes in the calculation methods of the two figures from 1999 to 2019. This study is qualitative in the literature method and comparative analysis. This study concluded that in Almanak Menara Kudus, between KH. Turaichan and Sirril Wafa, there was no changes in the method. It's just that there are developments in the Sirril Wafa era, those are corrections to the horizontal parallax, refraction, and semi-diameter, so that the results are more accurate with a difference of about 1°