Justicia Islamica (Journal)
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Discourse of Substitute Heirs in the Indonesian Heritage Legal Practice: Comparative Perspective
No full textThis article examines substitute heirs in Islamic and civil code inheritance laws. In Islamic inheritance law, substitute heirs are regulated based on the provisions of the Islamic Law Compilation in Article 185, stating that if the heirs die, their inheritance rights are given to their children. In the civil code, substitute heirs are regulated based on articles 841-848, with provisions covering the replacement of rights and obligations such as the replaced person’s life. This research relies on two questions: what are the substitute heir concepts according to Islamic and civil code inheritance laws? Moreover, how is the comparison of substitute heir concepts based on Islamic and civil code inheritance laws? This study aims to analyze the existence of substitute heirs in Islamic and civil code inheritance laws. To answer both questions, this research employed a normative juridical method, with an approach to laws, cases, comparisons, and conceptual approaches, including conceptual theories and ideas regarding the substitute heir concept from the perspective of Islamic and civil code inheritance laws. This study finds that Islamic inheritance law is based on the Qur’an and hadith, mentioning that the share of the substitute heirs is not the same as that of the replaced heirs. In contrast, according to civil law, the share of the substitute heirs is similar to that of the replaced heirs. Furthermore, this study contributes significantly to realizing benefit, peace, and justice in the distribution of inheritance.
 
Repositioning the Independence of the Indonesian Waqf Board in the Development of National Waqf: A Critical Review of Law No. 41 of 2004 Concerning Waqf
No full textJuridically, the laws and regulations have weakened the Indonesian Waqf Board (BWI) in the regulation of waqf so that the set goals of the Indonesian Waqf Board have not been fully achieved, including advancing and developing national waqf. Other institutions' overlapping management and supervision of waqf is suspected of causing BWI’s duties and authorities’ inadequacy. Besides, several crucial problems, including the Indonesian Waqf Board (BWI), have implications for the stagnation of BWI provisions’ implementation. These regulations have not been followed by the Indonesian Muslim community as a whole. Examining why the Indonesian Waqf Board cannot function correctly is interesting. This study’s objective was to find ideal constructions about BWI's position, duties, and authorities in advancing and developing national waqf. This study was a scientific evaluation with its qualitative-descriptive-analytical characteristics. The method used was qualitative analysis, and the results were presented descriptively. The pattern of reconstructing authority of the Indonesian Waqf Board (BWI) was a study of Law Number 41 of 2004 concerning Waqf so that articles were compiled to lead to a genuinely independent, credible, and robust board in the governance of the Republic of Indonesia. Besides, it is necessary to have accreditation for BWI so that its management’s standardization is credible
The Role of North Aceh Government for Building Women's Capacity Based on Islamic Values in Vocational Village
No full textWomen have potential contributions to engage in productive activities and can help the family economy. A vocational village is a village setting a model for developing its local resources to improve inhabitants' quality of life, especially women in the village in North Aceh District, without leaving their Islamic values. This article described the role of government in enhancing women's capacity and local potential in the vocational village with Islamic values using the empirical methodology. Data is obtained based on field research through purposive sampling collected by interviews with informants using qualitative analysis data. This study found that several training initiatives had been carried out to increase women's capacity, such as training in embroidery, handicrafts, etc. However, these initiatives were not based on the potential components that live in the village. Furthermore, Islamic values in the community in encouraging women in North Aceh have experienced a shift in Pande Village. This study recommends more efforts to increase women's potential by promoting and exhibiting local products for empowering women in villages based on existing prospects without leaving Islamic values
Application of Halal Certification by Indonesian Ulema Council on Electronic and Non-Consumption Products: Maslahah Perspective
No full textThe background of this research is indications from those who criticize the granting of halal certification on electronic and non-consumption products. At the same time, critics say that the granting of halal certification is only a religious capitalization, the mode of following the MUI trend, getting fees. Some say that this is a misperception. This research was conducted in August 2019. This study analyzes how MUI halal certification is in electronic and non-consumption products and how halal certification in electronic and non-consumption products is in perspective. This type of research is field research with an empirical sociological approach and descriptive qualitative research. Data collection techniques are literature, interviews, and documentation based on secondary sources from dictionaries, brochures, expert opinions, and religious leaders. Based on the study results, it is concluded that the application of MUI halal certification in electronic products is still voluntary, so there is no mandatory (obligation) from business actors to register their products in obtaining halal certification. The application of MUI halal certification in electronic and non-consumer products, firstly for refusing mudharat, must take precedence over taking little benefit. Secondly, for companies or producers, applying for halal certification aims to provide a sense of security and comfort in the community and increase the added value of their products. Finally, the existence of halal products, even though they are non-consumption, besides having benefits for people because they are more confident in the products used, also benefits the company and fulfills the provisions in the Act. Theoretically, this research's benefits are expected to provide reading sources and guidelines for developing science, especially in Islamic law related to halal certification by the Indonesian Ulema Council on electronic and non-consumer products. Practically, the results of this study are expected to provide clear information to the public regarding the application of halal certification by the Indonesian Ulema Council on electronic and non-consumption products.
A Concept of Islamic Notary as Registrar on Sharia Contract: al-Muwaththiq Perspective
No full textPublic notary officials are authorized to make authentic deeds. The notary’s deeds are significant for business activities, including Sharia contracts in Sharia banking. The notary paradigm derived from conventional concepts is undoubtedly different from the concept of sharia banking based on sharia principles. Thus, notaries often do not know these principles unless they only concern the contract's validity, which is still conventional. This research aimed to answer the void of Sharia notary law. Islam has the concept of al-Muwaththiq, similar to a notary mainly requiring personality and expertise, especially related to Islamic law. On the other hand, Law Number 2 of 2014 concerning Notary Official Changes also becomes a notary basis in every operation, including contracts in Sharia banking. This research employed library study approaches to explore the notaries’ competence in the concept of al-Muwaththiq. The results and discussions showed that notaries making authentic deeds in Sharia banking must have sharia competence as excavated from the concept of al-Muwaththiq since their incompetence will impact Islamic law validity. Moreover, Notaries must also follow the applied positive rule of law because Sharia banking, as a sub-system of national banking, is also subject to state-regulated regulations
Diversity in Determining Maturity Age in Indonesian Law: Maqashid al-Sharia Perspective
No full textThis article explores the emergence of diversity in determining the age of maturity in Indonesian laws, particularly in civil, penal, marriage, and citizenship laws. Maturity is a crucial element in determining a legal act. Therefore, the diversity of its determination can lead to overlap and ambiguity in determining the validity of legal action and legal accountability. This raises the question of why there is a difference in the determination of maturity age and its factors. This diversity problem is analyzed in maturity age using the maqashid al-sharia approach, using Jasser Auda’s system theory. The study shows that differences in legal proficiency required cause differences in the determination of maturity age in legislation, a legal paradigm used as a basis, and differences in the law's scope. From the maqashid al-sharia perspective, maturity age occupies a position as a wasilah or a strategy to achieve legal purposes, thus allowing for diversity. The more interests are protected, the higher of age is set. The diversity of maturity ages has an interrelated hierarchy without causing any contradictions between laws. The maturity age difference is intended to fulfill legal authority requirements, proficiency to act, and authority to act, with their specifics
The Implementation of Presidential Decree on Gender Mainstreaming: Insight from IAIN Ponorogo
No full textThis paper examines universities' role in achieving Sustainable Development Goals (SDGs) targets by conducting field research and using a policy theory approach. Theoretically, the successful policy implementation depends on several aspects such as communication, the availability of resources, the disposition, and the character of the bureaucracy. This study found that the State Institute for Islamic Studies (IAIN) Ponorogo contributed to implementing SDGs, especially in quality education and strengthening gender equality. However, the institution did not explicitly formulate other SDGs goals. Communication between the Institute for Research and Community Service (LPPM) as the leading sector for gender mainstreaming and leadership is manifested in the strategic plan and formal and informal meetings. Resources owned by IAIN Ponorogo in human resources and social capital are sufficient, which can be found from the active involvement of mass organizations of Fatayat, Muslimat, and Aisiyah in gender strengthening activities. The rector of IAIN Ponorogo is collaborating with the Ministry of Women and Child Protection (KemenPPPA) in realizing gender equality implementation agendas. Meanwhile, the bureaucratic structure that has been developed so far tends to be egalitarian and democratic. In preparing the Strategic Plan and the Master Plan (RIP), IAIN held a hearing with IAIN Ponorogo stakeholders, including the Academic Senate, which provides considerations for higher education policies. The problem is that the IAIN Ponorogo leader has not intensively monitored the targets for achieving gender equality, especially the other targets for achieving the SDGs.
Tulisan ini mengkaji lebih dalam bagaimana peran perguruan tinggi dalam pencapaian target SDGs, dengan cara melakukan field research dan menggunakan pendekatan teori kebijakan. Secara teoritik kesuksesan kebijakan sangat tergantung pada beberapa aspek seperti komunikasi, adanya sumber daya, disposisi dan watak birokrasi. Kajian ini menemukan bahwa IAIN Ponorogo turut berkontribusi melaksanakan pembangunan berkelanjutan, khususnya pada pendidikan berkualitas dan penguatan kesetaraan gender, tetapi belum secara eksplisit merumuskan tujuan SDGs yang lain. Komunikasi antara Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) sebagai leading sector pengarusutamaan gender dengan pimpinan diwujudkan dalam renstra, juga dalam rapat formal maupun informal. Sumber daya yang dimiliki IAIN berupa sumber daya manusia maupun sumber daya sosial (social capital) sangat cukup. Terlihat dari keterlibatan aktif ormas Fatayat, Muslimat, Aisiyah dalam kegiatan gender di kampus. Adapun disposisi dalam arti komitmen dapat dilihat dari LPPM dan pimpinan IAIN menggandeng Kementerian Perlindungan Perempuan dan Anak (KemenPPPA) dalam mewujudkan agenda-agenda implementasi kesetaraan gender. Sedangkan struktur birokrasi yang dikembangkan selama ini cenderung egaliter dan demokratis. Dalam penyusunan renstra dan Rencana Induk Pengembangan (RIP), IAIN melakukan rapat dengar pendapat dengan stakeholder IAIN, termasuk dengan Senat Akademik sebagai lembaga pemberi pertimbangan kebijakan perguruan tinggi. Persoalannya adalah pimpinan lembaga IAIN belum secara intensif melakukan monitoring terhadap target pencapaian kesetaraan gender, terlebih target pencapaian SDGs yang lain. Kajian ini berkontribusi pada gagasan PTKI untuk lebih responsif terhadap SDGsThis paper examines universities’ role in achieving Sustainable Development Goals (SDGs) targets by conducting field research and using a policy theory approach. Theoretically, successful policy implementation depends on several aspects, such as communication, the availability of resources, the disposition, and the character of the bureaucracy. This study found that the State Institute for Islamic Studies (IAIN) Ponorogo contributed to implementing SDGs, especially in quality education and strengthening gender equality. However, the institution did not explicitly formulate other SDG goals. Communication between the Institute for Research and Community Service (LPPM) as the leading sector for gender mainstreaming and leadership is manifested in the strategic plan and formal and informal meetings. Resources owned by IAIN Ponorogo in human resources and social capital are sufficient, which can be found from the active involvement of mass organizations of Fatayat, Muslimat, and Aisiyah in gender-strengthening activities. The rector of IAIN Ponorogo is collaborating with the Ministry of Women and Child Protection (KemenPPPA) in realizing gender equality implementation agendas. Meanwhile, the bureaucratic structure developed so far tends to be egalitarian and democratic. In preparing the Strategic Plan and the Master Plan (RIP), IAIN held a hearing with IAIN Ponorogo stakeholders, including the Academic Senate, which considers higher education policies. The problem is that the IAIN Ponorogo leader has not intensively monitored the targets for achieving gender equality, especially the other targets for achieving the SDGs
Developing Halal Tourism Guidance in Indonesia Based on Maqashid al-Shari'a Approach
No full textThe increase in the tourism sector in the world, including Indonesia, which has various lands and cultures, will captivate tourists’ attention. On the other side, with the majority Muslim population, Indonesia should keep its culture and tradition within the Islamic framework. This paper aims to develop Halal tourism in Indonesia by employing the Maqashid al-Sharia approach in four sectors: hotel, restaurant, tour, travel, and SPA. These sectors are the point of development of Halal tourism in Indonesia based on the Ministry of Tourism and Creative Economy regulation. This study explored the theories related to the five universals of Maqashid al-Sharia, including preserving din (religion), life, intellect, descendants, and wealth. The analysis results indicate that if the four sectors are used in the five universals of Maqashid al-Sharia, implementing Shariah tourism is about the Shariah label and the substance of the objectives. This study guides the development of halal tourism in Indonesia based on Islamic teachings, that is, al-Kulliyyat al-Khams on Maqashid al-Sharia
Pre-Project Selling in a Property Business: The Perspective of Islamic Law
No full textActors in the real estate market have developed a marketing strategy in the form of pre-project selling. This strategy is conducted to perform a market test for any property a developer intends to market. However, in practice, the system often poses problems, such as misrepresenting the property and inflicting customers' financial losses. From the perspective of Islamic law, this type of transaction is characterized as gharar (uncertainty, deception, and risk), having no exact object, and having forbidden. This article uses a Sharia-based perspective to analyze the characteristics of pre-project selling. This research aims to determine the legality of pre-project selling under Sharia law and prescribe solutions for society. The method used in this article is legal research, using legislation-based, conceptual, and case-based approaches, along with a comparison of national legislation with the written text of the al-Qur’an and hadith. The paper concludes that while pre-project selling should not be legally banned, there need steps taken to reduce its risks. This could be applied, for example, by creating minimum prerequisites for allowing pre-project selling, such as the existence of a plot for construction or the requirement of permits to be obtained before the pre-project sale. This research contributes to the development of legal science in general and Islamic jurisprudence, especially regarding Islamic law agreements' validity
Qawaid al-Fiqhiyyah Analysis on the Prohibition of Monopoly Practices and Unfair Business Competition: A Critical Review
No full textQawa'id Al-Fiqhiyyah is essential in identifying new problems that arise for analysis, whether they follow Islamic law or not. The purpose of forming qa'idah-qa'idah in realizing Maqashid al-Sharia in protecting community property rights must be implemented in every statutory regulation or established by the government. This article examines and analyzes the prohibition of monopolistic practices and unfair business competition in Law No. 5 of 1999 using several qawa'id al-fiqhiyyah. This paper's study is based on literature data analyzed using qualitative research methods with a multidisciplinary approach. This study concludes that the Law on the prohibition of monopoly and unfair business competition in Law No. 5 of 1999, which contains the prohibition of control of production and marketing, the prohibition of fraud/ conspiracy, and the prohibition of using a dominant position under qawa'id al-fiqhiyyah, among others, namely the rules that say La Yahtakiru illa Khathi'un, an-Najasyu Haramun, and at-Tas'ir. The conformity of the objectives of laws and regulations with the establishment of qa’idah-qa’idah is something that the government must maintain in the Draft Law on the Prohibition of Monopolistic Practices and Unfair Business Competition, which is being programmed by the House of Representatives (DPR) of the Republic of Indonesia, so the purpose of being able to maintain community property rights can be implemented in this Law.