AHKAM : Jurnal Ilmu Syariah
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اعتبار العرف المخالف للنص الشرعي في بناء الحكم وأثرها في فتوى الهيئة الشرعية الوطنية لمجلس العلماء الإندونيسي في إباحة بيع الذهب دينا.
No full textيهدف هذا البحث لتوصيف أهمية مراعاة العرف في الفتوى عند الأصوليين في العرف المخالف للنص الشرعي، والكشف عن أثر تلك الأهمية في فتوى الهيئة الشرعية الوطنية لمجلس العلماء الإندونيسي في إباحة بيع الذهب دينا، حيث أن النص الشرعي يمنع ذلك البيع. وأما منهج البحث وهو المنهج الوصفي التحليلي المقار، وذلك من خلال القيام بدارسة المنهج الأصولي في الموضوع و بتحليله. ويعالج البحث من خلال المدخل النوعي. و يكون البحث بحثا مكتبيا. ويجعل الباحث الكتب الأصولية في باب العرف لابن عابدين الحنفي وعبد الوهاب خلاف و أبي سنة و مصطفى الزرقا و كذلك نسخ وثيقة الهيئة الشرعية الوطنية لمجلس العلماء الإندونيسي رقم 77 سنة 2010 كمصدر أساسي للبحث، و غيرها كمصدرثنائ
Humanism in Inheritance Distribution in Sampang Madurese Culture
No full textCritical issues in Islamic inheritance law in the modern context is mostly related to women’s proportion and position compared to men’s. Many believe that Islamic traditional inheritance law has patriarchal and misogynist characteristics. Therefore, the system is incompatible with the principle of gender equity and human rights. This paper aims at investigating the practice of inheritance distribution in Sampang Madura, and the humanism perspective of the system. This research relies on a qualitative approach by employing interviews, observation, and documentation. It is found that, in Sampang Madura, men and women have equal position in inheritance. The people of Sampang Madura combine the customary and Islam laws in their inheritance system. This study reveals that Madurese people do not marginalize women and uphold the value of humanism in the inheritance distribution by considering the implementation of maslahah principle
CRITICAL STUDY ON LEGAL THINKING OF MUHAMMAD SHAHRUR
No full textSyahrur is a controversial thinker from Syria who offers a new epistemological base on the Theory of the Boundary (Nadzariyah Al-Hudud), in response to the stagnation of the study of Islamic legal thought, as well as a critique of the literal and rational groups that always dwell on the revelation and reason to provide modernity to its people. The thought of the Syharur reaped much criticism and blasphemy even in some of the country\u27s books forbidden to read and circulate. But Western academics give full appreciation because Syahrur managed to continue the work that has not been done Fazlur Rahman with his double movement.In Boundary Theory (Nadzariyah Al-Hudud), Shahrur distinguishes between the prevailing limits of worship and the limits applicable in the al-hudud theme. For Shahrur, worship in the sense of the relationship between human and God that is tawqifiyah, consists of four categories only, namely prayer, zakat, fasting Ramadan, and hajj for the capable. Such forms have been finalized after being perfected by Islam and inviolable. While there are several possible forms for the development of law, Syahrur divides it into 6 theoretical models of maximum and minimum limits. Keywords; Syria, dialectics, Nadzariyah Al-Hudud, Pluralism, Polygam
Implications of Hazairin and Munawir Sjadzali Thoughts In Establishment of Islamic Inheritance In Indonesia
No full textInheritance law is one of islamic law that always dinamically follow the time. The history showed when abu bakr period, two years after the death of prophet, has renewed inheritance law. Indonesias became an important part of inheritace law. This development isnt regardless from the thinker and scholar in indonesia. Among scholar who have a great influence on inheritance law in indonesia are hazarin and munawir sjadzali. both of figures are famous for their controversy. Hazarin famous for the thought the equality of between grandchildren male and female. while sjadzali famous her thought the equality between man and women. hazarin tend to think that is still near to the nash alquran, while munawir to deviates from nash provisions. In its development, the development of hazarin was adopted by inherentance law in Indonesia. the compilation of islam law has decided the existence of substitute heird in which one of them comes from the thought on Hazarin who positioned equally between granddaughter and grandson
Configuration of Costomary Law Related to Economy (Economic Adat Law Study in North Sumatera, Indonesia)
No full textTis paper wants to see the confguration of various forms ofcustomary law relating to the economy as a living law in society. Tis paperis based on research using qualitative methods with a historical approach.Te data was obtained from the feld and the interview which was thenprocessed analytically descriptive. Te results of this study obtained four (4)confgurations of customary law relating to the economy with the form, frst,the customary law of economic confguration of philanthropy in order touphold the teachings of religion (Islam) and habits found in society. Secondly,the confguration of semi-economic customary law in which businesses(capital owners) conduct business are accompanied to assist the farmers.Tird, the confguration of pure economic customary law in doing business.Fourth, the confguration of economic customary law in protecting nature.Tis research also strengthens socio-economic assumptions and impacts onthe social dimension in economic law
The Positivisation of National Sharia Board Fatwa About Mudaraba Into Financial Service Authority Regulation
No full textThe positivisation of National Sharia Board (DSN) fatwa about mudaraba into Financial Service Authority (OJK) regulation is an effort which conducted by OJK in running it’s regulating such as arranged in the Law Number 21 of 2011 regarding OJK. With this positivisation, DSN fatwa has legal and binding power because getting inside regulation such as arranged in the Law Number 12 of 2011 regarding the Establishment of Legislation (P3). However, there are gap and the difference content between the provisions in DSN fatwa above with OJK regulation by dint of positivisation pattern. Moreover, although there is DSN fatwa content which has not been asorbed in to OJK regulation, but it still has legal and binding power in shari’a financial industry in case reviewed from the perspective of H.L.A Hart’s legal theory
URGENCY OF ARBITRATION CLAUSE IN DETERMINING THE RESOLUTION OF SHARIA ECONOMIC DISPUTES
No full textThis study explains the importance of the arbitration clause in determining the resolution of sharia economic disputes. The settlement of economic disputes in the Court is less in the interest of the economic actors, because of the long time, the limited resources and the results of the win-loss cause damage to future business relations. Resolution of arbitration disputes is an alternative choice. The research method used is a qualitative method, a type of doctrinal research with a normative juridical approach. Dispute resolution arbitrarily has many advantages over litigation (Court), the nature of which prioritizes negotiations, can avoid hostility so that business relationships will still be intertwined properly. To ensure that in the future will use the arbitration event, if there is a dispute in a commercial agreement between the two parties it is important to make an arbitration clause separate from the commercial agreement (principal agreement). The arbitration clause is binding on both parties. The power of the arbitration clause will give legal consequences to prevent one of the parties who have agreed on an arbitration agreement to seek a dispute resolution in the Court. These legal consequences are usually implemented in the form of the right to file exceptions to absolute authority over a lawsuit or case filed with the Court whose parties have been bound by an arbitration agreement. Arbitration agreements (arbitration clauses) are very important to be carried out to smooth the movement of the sharia economy in the future, especially when the sharia economic movement is international. Arbitration in Islamic law has long been known as a form of dispute resolution known as tahkim. Tahkim is to appoint someone as a referee or peacemaker, by two or more people who are in dispute in order to settle the case which they have peacefully divided. The selected referee or peacemaker is a person who is approved by both parties because they are considered able to resolve the dispute between them. This person who acts as a referee, peacemaker or arbitrator in Islamic law is called haka
RIBA AND ISLAMIC BANKING, EXAMINING THE PRACTICES OF JAIZ BANK PLC, NIGERIA
No full textCritics of Islamic banking argue, that how could Islamic banking work when interest (riba) is prohibited? Those in favour argue that Islamic banks can operate without interest. This is the contention of the paper. Islamic bank is a banking which operates without the norm of interest. However, the Muslim scholars have never seriously discussed the three basic questions. Riba, interest, are riba and interest synonymous. The most common application of riba is on monetary transaction relating to “loans” and “credits”. A unique feature of Islamic banking is its profit-and-loss sharing (PLS) paradigm, which is predominantly based on the mudarabah (profit-sharing) and musharaka (joint venture) concepts of Islamic contracting. However, Islamic banks are also criticized for not applying the principle of mudaraba in an acceptable manner. Where banks are eager to take part in profit-sharing but they have little tolerance for risk. Jaiz bank plc, the first Islamic bank in Nigeria, is a quoted public company owned by over 26,000 shareholders. Based on recommendations from Islamic Development Bank (IDB), which is also a shareholder of the bank, Jaiz Bank PLC had partnered with Islamic Bank of Bangladesh (IBBL). However, the Islamic Banks, generally, seem to attract a fraction of the business of financial transactions in any country where conventional banks operate. The challenge facing Islamic banks is the diversity of opinion among the Sharia scholars. Whether the particular practice or product, is Sharia compliant. The paper therefore, concludes that, by prohibition of riba, Islam wishes to establish an economic system where all forms of exploitation are eliminated. The difficulty to understand the prohibition comes from lack of appreciation of the whole complex of Islamic values. Thus, the future of Islamic banks depends not only upon investing in new products but also upon the satisfying the faith of the stakeholders.
INDONESIAN TERRORIST, ISIS, AND GLOBALIZATION OF TERROR: A PERSPECTIVE
No full textTerrorism has been critical issues in Indonesia. Latest, Santoso, a frontman of terrorists based in Poso, central Sulawesi, can be terminated. His radical adventures in Poso and East Indonesia has inspired many youths to follow his bloody road in an effort to carry out holy war against the secular democracy in Indonesia. In pursuit Santoso, the battle between security forces and terrorists often happens in the field. Santoso group are part of the radical Islamist networks in Southeast Asia, and their imagined solidarity with the Middle East radical Islamists are relatively strong. So that the military help the police to combat terrorism in Indonesia
Fikih Melayu Nusantara masa Kesultanan Palembang Darussalam
No full textPenelitian ini mengungkap tentang fikih terpadu yang ditulis oleh ulama Palembang Darussalam memiliki kontribusi yang sangat besar dalam membentuk keperibadian masyarakat Palembang yang terbuka, humanis, dan dinamis. Karya-karya bidang fikih dapat menjadi bukti bahwa pertemuan ilmu-ilmu keislaman dalam satu naskah telah ikut andil dalam warna aturan hukum yang pernah terjadi di Palembang yaitu di pusat kota berlaku hukum Islam fikih mazhab Syafii, sedangkan di luar kota Palembang atau wilayah uluan berlaku undang-undang simbur cahaya yang sangat lam bertahan dan berlaku pada masa kesultanan Palembang.