Justicia Islamica (Journal)
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Harga Murabahah Perspektif Fikih dan Keuangan Islam
No full textMurabahah is a unique pattern of business. One side of Murabahah is sale and buy, and the other is debt and credit. Therefore the price of Murabahah contains provisions that differ from regular trading. The price of Murabahah consist of acquisition and mark up. Acquisition price is analyzed based on purchased and all fees that have been made to hold commodities ready for buyer. While the mark up of Murabahah is business advantage. Mark up can be analyzed based on costs, market prices, inflation, risk, and other factors that are not based on interest and usury. The level of mark up depends on the decisions between buyer and seller according to the mechanism of transaction that meet shari’ah principle
Konfigurasi Infak Sedekah, Zakat, dan Wakaf Untuk Kemandirian Umat: Sebuah Model Integratif Membangun Filantropi Islam di Era Indonesia Kontemporer
No full textThis paper attempts to study the phenomenon of the typical of Indonesian Islamic philanthropy. The paper focused on efforts to develop the control or governance of Islamic philantropy professionally in Indonesian context and its response to modern reality. In this issue, this paper explores the experiences and the efforts of Modern Islamic Philanthropic Institutions, named “Yayasan Dana Sosial Al-Falah” (YDSF) Surabaya in developing various Islamic philanthropic institutions for the self-reliance and the empowerment of social community. The efforts of YDSF Surabaya is to do the integrative model for institutions such as infaq, sadaqah, zakat, waqf, so that gave birth to Islamic philanthropy configuration that is able to further strengthen the community self-reliance in contemporary Indonesia. Integrative mechanism model between the three instruments of Islamic philanthropy both infaq, sadaqah, zakat, waqf in building and developing social funds can be done with compact design of social funds delivery, the management program of social funds asset, the program of social fund-raising, and mix design involving the three previous designs applicably
Pemahaman tentang Taharah Haid Nifas dan Istihadah: Studi Kasus Ibu-ibu Jama’ah Muslimat Yayasan Masjid Darussalam Tropodo Sidoarjo
No full textThe discussion of blood in women, namely menstruation, postpartum bleeding and istihaadah, is one that is most often questioned by women. It is also one of the most difficult topics in fiqh, so many people misunderstand it. Even though it has been discussed many times, there are still many Muslim women who do not understand the rules and differences between these three bloods. Perhaps this is because the blood comes out of the same channel, but in every woman, the situation is not always the same, and the rulings and handling are different. Menstruation, postpartum bleeding and istihaadah are a necessity in a woman's life, so women should not be ignorant in this matter. It affects the validity of an act of worship because it is related to purity from hadats and impurity. This study aims to reveal the understanding of the Muslim women of the Darussalam mosque in Tropodo Sidoarjo about the three bloods for women. Namely menstrual blood, postpartum and istihadhah. How the Muslim women already know or not about the theories of fiqh that have to do with the three blood. This research is characterized by a field that takes research samples in the Muslim congregation of the Darussalam Tropodo Sidoarjo mosque foundation. The results show that the understanding of Muslim women Darussalam majority already know about things that have correlation and association with menstruation, nifas and istihadhah
Analisa terhadap Batasan Minimal Usia Pernikahan dalam UU. No. 1 Tahun 1974
No full textThis article discusses the judicial review process on the minimum age of marriage as stipulated in Marriage Law No. 1 of 1974. The age limit permitted in a marriage according to Law No.1 of 1974 is if the male party has reached the age of 19 (nineteen) years, and the female party has reached the age of 16 (sixteen) years. Meanwhile, in the Compilation of Islamic Law stipulated in Article 15 paragraph (1), for the benefit of families and households, marriage may only be carried out by prospective brides who have reached the age stipulated in Article 7 of Law No. 1 of 1974. According to the Civil Law in Article 29 determines; Every man who has not reached the age of 18 full years and a woman who has not reached the age of 15 full years, is not allowed to enter into marriage, but if there are important reasons the President can waive the prohibition by giving dispensation. This is contrary to Law No. 23 of 2002 on Child Protection, which states that a child is someone who is not yet 18 years old. The existence of different rules for the category of adult age in various laws and regulations needs to be tested in the Constitutional Court, so the minimum age limit for marriage is very necessary for prospective brides and grooms.
Eksistensi Peradilan Agama Pasca Putusan Mahkamah Konstitusi No.93/PUU-X/2012 tentang Penyelesaian Sengketa Perbankan Shariah
No full textShariah Banking as one of the national banking systems requires various supporting facilities such as legislation. The relevant law that has been enacted to support Shariah Banking is Law Number 21 of 2008 concerning Shariah Banking. In this law, it is explained that religious courts and general courts are authorized to resolve sharia banking disputes. The existence of 2 (two) authorities in this sharia banking dispute into 2 (two) judicial institutions has led to dualism of authority. The inclusion of disputes in the field of sharia banking in the general judicial environment can lead to tangents or conflicts of judicial authority which can result in the absence of order and legal certainty in law enforcement, especially the settlement of sharia banking disputes. The Constitutional Court through Decision Number 93/PUU-X/2012 confirmed that the explanation of Article 52 paragraph (2) of Law Number 21/2008 on Sharia Banking is contrary to the 1945 Constitution and has no binding legal force. It is the explanation of the article that has been the cause of the emergence of choice of dispute resolution (choice of forum). The constitutional consequence is that since the decision, institutions within the Religious Courts are the only judicial institutions authorized to hear sharia banking disputes
Politik Hukum HAM di Indonesia
No full textLaw was born to provide protection, justice and certainty in every dimension of social and state life, both individuals and groups. In this context, the law provides guarantees and principles of recognition and protection of human rights. This noble goal of the law will be easily realized when the politics of the law is clear. But in reality, the occurrence of human rights violations cannot be denied even though since the beginning the Indonesian state has adhered to the principles of the rule of law and democracy. Cases of human rights violations in the past are debts that must be resolved. Therefore, one of the problems today is how to resolve cases of human rights violations that occurred in the past and how to prepare more responsive legal instruments so that in the future human rights violations, especially those committed by the state, can be avoided. Furthermore, the resolution of past human rights violations is the key to upholding human rights in Indonesia in the future. This is where the political meaning of human rights law in Indonesia is to design more responsive legal regulations. Therefore, to create a more responsive politics of human rights law in Indonesia, we must first examine the journey of human rights in Indonesia through historical research. This is because historical research can reveal how the concept of human rights has been made in the past and how the concept of human rights should be made to build a better future. For this reason, a high commitment is needed from the government to develop the politics of human rights law in Indonesia.
Ke-Hujjah-an Sadd Al-Dhari’ah
No full textSadd al-dhari>’ah is an effort of blocking a likely way that may end up in forbidden and destructive things. In other words, it is a way to ban something which is basically aloowed, resulted from its potency of bringing about doing something absolutely forbidden. Therefore, in this case, it is considered a method of legislating syar’i law, instead of whether or not it is used as evidences. Yet, there is divergng view of Ulama on its validity of using it as hujjah. There are several Ulama who accept its validity as hujjah and who reject it. Meanwhile, the validity of sadd al-dhari>’ah is considered valid if it receives a legitimation from the authoritative government along with its sanctions for who violates.
Penegakan Hukum di Indonesia: Sebuah Harapan dan Kenyataan
No full textThe problem of law enforcement is an interesting thing to discuss, especially because there is an imbalance between the legal aspects of expectations and aspects of legal application in reality. Ironically, public compliance with the law is very concerning. This is triggered by weak law enforcement. It can be said that the law in this country is sharp downwards and blunt upwards. Law enforcement should be accountable (responsible), impartial and not easily intervened so that the results can be accounted for before the public. People need legal certainty over the legal system that applies in this country, because law enforcement cannot stand alone without the legal system itself. To establish and build an accountable law enforcement system, it is necessary to involve all stakeholders and most importantly the support of a clean government. The government must be at the forefront of law enforcement to provide hope to the public for legal certainty
Efektifitas Program PPA-PKH di Kabupaten Ponorogo: Tinjauan Yuridis Sosiologis
No full textThe PPA-PKH program has been implemented in Ponorogo District, specifically PPA-PKH which was implemented in 2011 - 2013, and has had many positive impacts on the reduction of child labor. The target of the PPA-PKH program is to return children who work and drop out of school back to school. However, an initial survey found that some participants of the PPA-PKH program were still reluctant to return to school and chose to continue working. Therefore, the researcher is interested in further examining how the effectiveness of the implementation of this PPA-PKH program with the formulation; 1) how is the effectiveness of the implementation of data verification and validation of the PPA-PKH program in Ponorogo Regency, 2) how is the effectiveness of the implementation of the program for 1 month in the shelter of the Ponorogo Regency Vocational Training Center (BLK), and 3) how is the effectiveness of post-shelter coaching in fulfilling the basic rights of child workers who participate in the PPA-PKH program in Ponorogo Regency? The results of this study are: First, the verification and validation of data carried out by the PPA-PKH program implementers in Ponorogo Regency has been effective after following the procedures of the central PPA-PKH implementers. Second, the implementation of the PPA-PKH program for one month in the shelter is effective and in accordance with the provisions of the PPA-PKH program from the center, Third, the post-shelter coaching conducted by the PPA-PKH program implementation committee of Ponorogo Regency cannot be effective because 1) the implementation time is too short, 2) the school distance is too long from the implementation time, 3) the post-shelter coaching budget is inadequate, and 4) the paradigms of participants and people are difficult to change in a short time
Urgensi Etika di dalam Sistem Bisnis Islam
No full textEthics concerns propriety, meaning what is appropriate or inappropriate for someone to do. If it relates to business, then the aspect of appropriateness is about what is appropriate or inappropriate for someone to do when running a business in order to make a profit. Business has several systems consisting of input supplies, processes and activities that produce outputs. The series of activities include production, distribution, capital, and marketing activities. All of these activities must be carried out in accordance with the applicable sharia rules, so that in running their business, a Muslim is not only worldly business oriented, but horizontally and vertically oriented. Therefore, business ethics is very necessary, especially Islamic ethics for Muslim entrepreneurs