Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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DROP SHIPPING IN ISLAMIC ECONOMIC LAW PERSPECTIVE: E-COMMERCE STUDY INTER MARKETPLACE DROP SHIP IN THE INDUSTRIAL REVOLUTION ERA 4.0
Get PDFDrop shipping is a business carried out by someone as an intermediary between suppliers and customers. This business has become a big trend in the market because it has the potential to get massive profits. However, there is still an assumption that the business is not following the teachings of Islam. This research will discuss the concept of drop ship in general and the latest drop ship that becomes the current market trend, namely drop shipper between marketplaces is. This study uses qualitative research methods that are literature research. The discussion of this research will focus on normative-juridical studies given Sharia Economic Law. This research is expected to be opened insight for the drop shipper so that the profits and success of his business will be blessed by Allah s.w.t. After the data is collected, it is then analyzed using data analysis techniques, namely data reduction, data presentation, and concluding. The results showed that the drop ship business between marketplaces did not conflict with Islamic teachings, meaning that the business was following the Sharia economic agreements. The business is legal and religiously legal in the State of Indonesia. Therefore, the community must understand the business from management, systems, and payments to be following existing contracts. If the business continues to be developed, it will become a superior and growing halal business in the world.
Keywords: Drop ship, E-Commerce, Marketplace, Sharia Economic La
THE EFFECTIVENESS OF THE WAKALAH ACCOUNT ON WOMEN GROUP SPECIFIC LOAN SAVINGS FROM THE NATIONAL PROGRAM FOR SHARIA-BASED COMMUNITY E
Get PDFThis research is based on the National Program for Community Empowerment in Semparuk sub-district, which was previously conventional, has now switched to Sharia using the wakalah contract. This study aims to determine the effectiveness and analysis of Islamic law on the wakalah contract in the Sharia-based National Community Empowerment Program in the Semparuk Activity Management Unit. The type of this research is field research, using a descriptive qualitative approach. The collection techniques used in this study were interviews, documentation based on primary sources, namely the management of the Semparuk Activities Management Unit and groups of women (customers) who borrowed from the Sharia-based National Community Empowerment Program. Based on the research results, it is concluded that the effectiveness of the National Community Empowerment Program is good. Semparuk Activities Management Unit has carried out business activities based on sharia principles or Islamic legal principles which are regulated in the fatwas of the Indonesian Ulema Council such as the principles of justice and balance, and do not contain gharar, maysir, usury, zalim and haram objects
HERMENEUTICS OF THE QUR\u27AN: A STUDY OF MUHAMMAD SYAHRUR\u27S THOUGHTS ON THE MEN AND WOMEN EQUALITY
No full textThis article discussed The Qur\u27an hermeneutics; Study of Muhammad Syahrur\u27s thoughts on the of men and women equality. The study aimed to find out more about the concept of men and women equality in Muhammad Syahrur\u27s hermeneutics. This article used a literature approach (Library Research) by describing and analyzing research objects, namely reading and analyzing various sources related to the topic, for later being analyzed and finally drawing conclusions and being formulated in a written report. The results showed that Muhammad Syahrur is one of the Islamic thinkers who used a hermeneutic approach in interpreting the Qur\u27an, especially on fundamental themes such as equality between men and women. In this scope, Syahrur saw a methodological error and there is no revolutionary interpretation of Islamic laws relating to women to be the culprit of gender inequality. Therefore, Syahrur made a legal breakthrough through hermeneutics studies and succeeded in proving that there is no gender bias in Islam..
Keywords: Muhammad Syahrur, Gender, Hermeneutic
INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY
Get PDFThe current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economic stability and world trade. Dispute resolution agencies that need special attention are Dispute Settlement Body and International Arbitration. In this article author using the goodfaith theory as the importand principle in the dispute dispute of international business. The author would like to disclose some international trade dispute settlement which becomes the choice for disputing countries so that the writer can formulate the following problem of Settlement of international trade disputes through the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) and international trade disputes through international arbitration bodies.
Keywords: international trade dispute, dispute settlement, Arbitratio
LEGAL REASONING COMPARATIVE MODEL OF ASY SYATIBI AND GUSTAV RADBRUCH
Get PDFThis paper discusses the comparative legal reasoning of Asy Syatibi and Gustav Radbruch in their philosophical basis framework. By using a comparative analysis of reasoning models, both examine the influence between philosophical modalities and legal reasoning models developed by both legal theorists. The results of the research show that the ontological stance of Asy Syatibi is identical to transcendental-based foundationalism, while Gustav Radbruch positions himself on transcendental idealism. Meanwhile, the identification of epistemological modalities Asy Syatibi is more inclined to internal coherence, while Gustav Radbruch is influenced by the flow of methodical dualism and empirical realism. As for his axiological modality, Asy Syatibi is much influenced by maqashid ethics as a legal goal, while Gustav Radbruch is influenced by deontic ethics.
Keywords: substantive induction, maqashid ethics, coherentism, methodical dualism, deontic ethics
TAQLID ITTIBA FOR MUKALLAF IN THE IMPLEMENTATION OF ISLAMIC LAW ON POSITIVE LAW IN INDONESIA
Get PDFThe Indonesian people in fact use their minds not on the basis of the Qur\u27an and the Sunnah is only limited to taqlid ittiba the religious scholars who are not necessarily truthful can be justified. The purpose to understanding of taqlid ittiba and to obtain the consequences of taqlid ittiba for Muslim in implementing Islamic Law and Positive Law. Research methods by using normative research methods or library law research in finding taqlid ittiba material for mukallaf. The results showed that the implementation of taqlid ittiba for mukallaf performed by Muslims is still a lot that is not in accordance with the teachings of Allah SWT and does not follow the Sunnah of Rasullah SAW. The implementation of taqlid ittiba that is wrong can harm oneself and others who can be troubling to the surrounding community. Someone who carries out taqlid ittiba that is not appropriate in the Qur\u27an and Sunnah has a legal consequence that is sinful because it does not follow the commands of Allah SWT and Rasul while according to the Law Positive in Indonesia taqlid ittiba allowed for someone who is an adult and does not violate the existing Positive Law so as to create peace between religious communities
LEGAL REGULATIONS FOR THE GENERAL ELECTION SYSTEM IN INDONESIA FROM THE 1955 ELECTION TO THE CONCURRENT ELECTION OF 2019
Get PDFThroughout its history, Indonesia has held general elections many times from 1955 to 2019. During that long period of time, Indonesia implemented a different electoral system at each election. The arrangement of the electoral system in Indonesia always changes from time to time in each election administration. In the process of changing the laws and the regulations for every election, there has always been legal political dynamics. After the 2014 elections, there have been changes regarding the conduct of elections in Indonesia. The Constitutional Court (MK) granted the petition for a judicial review of Law Number 42 of 2008 concerning the Election of President and Vice President in 2014, so that the implementation of elections in Indonesia entered a new phase in 2019 and beyond. In 2019, for the first time Indonesia held simultaneous elections. The methodology used in this study is normative. The approaches used in this study are the historical approach, the statute approach, the legal analysis approach, and the conceptual approach. Legal arrangements regarding the conduct of elections always change, starting from the highest level of legislative regulations to the lowest (from the laws to the General Election Commission regulations, presidential decrees, ministerial regulations, or other regulations). The changes in the regulations regarding the implementation of elections in Indonesia have been present since the time of the 1955 elections until the 2019 elections. Since the implementation of the 1955 elections, Indonesia has always practiced a proportional electoral system, the electoral system that is considered suitable to be applied in Indonesia. This proportional electoral system is practiced with various modifications (both the open proportional electoral system and the closed proportional system). There are even district elements in the proportional electoral system in Indonesia, for example there are electoral districts that can be equated with districts in the district electoral system. The practice of the electoral system to be used in the elections in Indonesia is almost always subject to debate, both among constitutional law intellectuals and politics
THE STRATEGY OF OGAN ILIR DISTRICT’S OFFICE OF POPULATION CONTROL AND FAMILY PLANNING FOR ACTUALIZING THE PROSPEROUS FAMILY
Get PDFThis research’s purpose is to know how is the implementation of Family Planning by the office of population control and family planning, women empowerment and child protection, for reaching a prosperous family, balanced population growth, two healthy kids (DAHSAT) in Indralaya Sub-district, OganIlir District, and also to know about the success that has been done by the office of population control and family planning in Indralaya Sub-district, such as come directly to the field (jemput bola) by using dedicated car (mobilkeliling), held a family planning counseling training for health workers and village hall workers, which the goals are to be able to give good service towards family planning acceptor achievement in Indralaya Sub-district, and mainly for achievement of family planning participants that using a contraception device MKJP and NON MKJP. This research used a descriptive research method with qualitative approach, expectedly be able to examine the achieved strategy in implementation of family planning such as by family planning counseling training in Indralaya Sub-district, OganIlir District. Based on the research’s result, the amount of family planning acceptors in year 2017 – 2019 showed a success attempt, this all been done by family planning counselling implementation called communication, information, and education (KB KIE) and also doing some coachings that called by the name of Tribina, Bina Balita, Bina Remaja, Bina Lansia, in Indralaya Sub-district, but in practice it is not maximally deliver good result, because of the limited number of trained counselling workers and the lacks of equipment required, the family planning counselling also has been done in parallel with Integrated Healthcare Center (Posyandu) activities and other related activites
THE CONCEPT OF \u27IHDAD HUSBAND WHO LIVED WITH THEIR WIFE (ANALYTICAL STUDY OF QIRAAH MUBADALAH\u27S INTERPRETATION)
No full textThe purpose of the research is implementation of ihdad husband whose wife died. The interpretation of ihdad was assessed as gender biased because it only talks about women. Women whose husbands die have a period of iddah and ihdad. Al-Quran texts and hadith explain about some of the prohibitions of ihdad women. Classical Fiqh has nothing to say about ihdad for husbands. Next about ihdad husband will relation with Qiraah mubadalah. This research uses this type of research Yuridis-Normative. Qiraah mubadalah expalin about method of interpretation with in parallel subject text. That is Islamic texts that discuss the subject of women and men have the same meaning. the implementation of ihdad has a main goal is remember and respect and protect the feelings of the family who died. If hikmatuttasyri like that and then ihdad law not only apply to women, but applies also to men
AL MAQRIZI\u27S VIEW ON ISLAMIC ECONOMY AND ITS RELEVANCE TO COVID-19 PANDEMIC IN INDONESIA
Get PDFThe problem of socio-economic phenomena always attracts the attention of various layers of society and individuals because the State\u27s economic stability is the backbone of the material prosperity of the people. It will positively impact development in multiple fields. The Covid-19 Pandemic outbreak that occurred paralyzed not only humans but also paralyzed the Indonesian economy. During Al-Maqriz\u27s life there was starvation and Inflation in the government of the Bani Mamluks in Egypt, Inflation during this period became the main attraction of researchers to make Al-Maqrizi\u27s Economic Thought as a cornerstone of this research theory. This study aims to determine the concepts and work of Al-Maqrizi in his contribution to the Islamic Economy with his relationship with the Covid-19 Pandemic in Indonesia by using the literature study research method and field observations. He was armed with adequate experience as a muhtasib (market watchdog). Al-Maqrizi discussed the problem of Inflation and the role of money in it, a fantastic discussion at that time because it correlated two things that were very rarely done by Muslim and Western thinkers. Inflation occurring in Indonesia is still relatively stable even amid the soaring Rupiah exchange rate when compared with Inflation in the same period before the co-19 epidemic broke out in Indonesia.
Keywords: Al-Maqrizi, Islamic Economy, Covid-19, Indonesi