AHKAM : Jurnal Ilmu Syariah
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The Theory of Syarî‘ah Oriented Public Policy
Get PDFSiyasah syar’iyyah theory oriented in public policies that reflect sharia Islamic government policy.Islam, which covers all aspects of human life, from worship to mu\u27amalat, from siyasah (good governance) to \u27alaqât al-dawliyyah (international relations), has a particular system of government and policy. Therefore, this article analyses the theory, starting from the definition, background, types, and its purpose.DOI: 10.15408/ajis.v15i2.286
Sanksi Pidana Perampokan dalam Kitab Undang-Undang Hukum Pidana dan Hukum Pidana Islam
Get PDFThis study aimed to find robbery criminal justice in KUHP and Jinayah perspectives. Robbery criminal justice is mentioned on Article 365 of Criminal Code, consisting of: prison nine, twelve, fifteen, and the death penalty, or life imprisonment or imprisonment for over twenty years. Meanwhile, in Islamic law, based on al-Qur’an, al-Ma’idah (5) verse 33 sated that the justice are sentenced to death by violently and authoritative, cross sentenced to death or executed after some time he hung, cut off his hands and legs intersect, and banished from the earth.DOI: 10.15408/ajis.v15i2.285
Wakaf dan Politik di Tunisia
Get PDFFor some experts, Tunisia is tended to be the most progressive, liberal and radical among other Islamic countries in the world, particularly in addressing the issues of women\u27s rights and the prohibition of polygamy. However, development in the areas of family law is not followed by progress in other fields, mainly in the development of waqf. For this case, Tunisia is the most underdeveloped compared to other Muslim countries, such as Saudi Arabia, Egypt, Pakistan, Bangladesh, Sri Lanka, Jordan, Brunei Darussalam, Malaysia, and Indonesia; even though, around the 19th century, the contribution of waqf land of Tunisia in 1883 had reached 1/3 of the entire ownership of the land. Currently, Tunisia Tunisia do not yet have the institutions and the laws governing the waqf.DOI: 10.15408/ajis.v15i2.285
Penggunaan Perjanjian Buku dalam Transaksi Bisnis Menurut Hukum Islam
Get PDFContract is the basic point of a transaction, including the transactions in Islamic economic. The rapid development of Islamic economics forcesan adaptation of economic contract in accordance with the development of society. Standard contract is a common form for printing an agreement. It is a contract that has been set unilaterally by the company. Theoretically, standard contract is accepted both in positive law in Indonesia and Islamic law (based on habitual or ‘urf. Standard contract should consider legal protection for both parties, especially consumers. Standard contracts should create justice, equality and prioritize the concept of khiyar.DOI: 10.15408/ajis.v15i2.286
Gagasan Menyatukan Umat Islam Indonesia Melalui Kalender Islam
Get PDFThis article discussed many kinds of Islamic calendar in Indonesia, including Muhammadiyah, PBNU, Indonesia Taqwim Standard, and Islam PERSIS calendar. The results found each calendar has a different system in the initial launch of lunar month. Data reckoning found for 19 years (2015-2033) that it is differences possibilities for eight times. To resolve this discrepancy, the authors offered mutakamil Hilaltheory as a middle way between wujudul hilal and visibility, so the distinction has to be completed and the Eid can be universally implemented.DOI: 10.15408/ajis.v15i2.286
BPJS Kesehatan dalam Perspektif Ekonomi Syariah
Get PDFThis article provides answer to the MUI statements that BPJS is inconsistent with the principles of sharia economics. First, a solution to avoid Gharar, where participants pay a monthly premium, but it is unclear how much they will receive.Second, the solution to avoid the element of gambling, where financial calculations can be profit or loss. Third, the solution of usury, when claims were received by participants of BPJS greater than the premium paid; therefore, it contains elements of usury and usury Fadl category. Meanwhile, when there is a delay of participants to pay premiums, BPJS establishes fines that is also included nasi\u27ah usury.DOI: 10.15408/ajis.v15i2.285
Rechterlijk Dwaling dalam Tinjauan Fikih Jinayah dan Hukum Positif
Get PDFThis study shows that jinayah Islamic jurisprudence and criminal law determine how to overcome rechterlijk dwaling by conducting a review of the decision. There are same principals why both rechterlijk dwaling and jinayah Islamic jurisprudence exist. This comes weather from internal and external of the judge. Similarly, the effect and the legal consequences of rechterlijk dwaling, according to both criminal law and jinayah Islamic Jurisprudence.DOI: 10.15408/ajis.v15i2.286
ESENSI KEBERADAAN ADVOKAT MENURUT HUKUM ISLAM
Get PDFEssence of Advocate Existence Based on Islamic Law. Advocate is a person who provides legal assistance, in the court as well as outside of the court based on the Law. The legal services given such as legal advice, legal aid, and any other acts, are aimed to represent client’s interest. Advocates have multi tasks to be accomplished, from simply giving people advice to struggling the rights of persons deprived of their rights. Islam pay attention to legal matter as well as the status and the mandate given to a person to another one (advocate). Islam recognize al-wakâlah due to people need it.DOI: 10.15408/ajis.v14i1.124
LEGAL ASPECT OF ‘GOLD FARMING’ ISLAMIC BANKING PRODUCT
Get PDFLegal Aspects of ‘Gold Farming’ Islamic Banking Product. Islamic banking can progress quickly through market-based product innovation. This product innovation must be in accordance with the rules laid down in Islamic law. The concept of contract in Islam should pay attention to three aspects, namely: the substance of contract law, the law that is related to the substance of the contract, and contract clarity. A contract becomes invalid if ta’alluq(dependence between two or more contracts) and shafqatayn fî al-shafqah(uncertainty arising from multiple contracts) occurs. This article explains that the ‘gold farming’ products offered by Islamic bank violate of the principles of contract in Islam. This product should be the modified further to accord with the rules of Islamic contract.DOI: 10.15408/ajis.v14i2.127
KONSEP KALÂLAH DALAM ALQURAN DAN PENAFSIRANNYA MENURUT SUNI DAN SYIAH IMÂMIYYAH
Get PDFKalâlah in Alquran and Its Interpretation According to Suni and Syiah Imâmiyyah. This article is aimed to analyze the meaning of walad in the inheritance of kalâlah in Alquran. Islamic jurists have different vews in interpreting the meaning of walad in kalâlah inheritance. Walad in kalâlah inheritance gives the influence to the siblings inheritance. This article attempts to discuss critically and impartially the meaning of walad. By using comparative method, the writer analyzes the meaning of walad from the Suni and Syiah Imâmiyyah perspective. The writer concludes that there is no consensus among Islamic Scholars in interpreting the meaning of walad, by which for the Suni Scholars, the meaning of walad is only brothers of the heir, whereas for the Syiah Imâmiyyah include the heir’s sisters. This different opinion influences the regard of the two mainstreams towards the status of brother and sister in the inheritance of kalâlah.DOI: 10.15408/ajis.v14i1.125