1,743 research outputs found
Kedudukan Ahli Waris Pengganti Dalam Hukum Waris Islam
No full textAbstrakHukum Waris Islam disebut juga Hukum Faraidz, yang bersumber kepada al Quran dan hadist. Bagi setiap muslim tidak terkecuali apakah dia laki – laki atau perempuan yang tidak mengerti hukum waris Islam, maka wajib baginya untuk mempelajari hukum waris Islam. Dan sebaliknya, siapa yang telah memahami hukum waris Islam, berkewajiban pula untuk mengajarkannya kepada orang lain. Dalam mengerjakan pembagian harta warisan menurut hukum waris Islam, harus melalui tahapan – tahapan yang benar. Apabila tahapan – tahapannya telah benar, maka bagaimana pun rumitnya akan dapat segera diselesaikan. Penulis berpendapat, ketentuan tentang harta warisan yang terdapat di dalam Al Quran dan hadist adalah ketentuan hukum yang bersifat memaksa, dan karenanya wajib bagi setiap pribadi muslim untuk melaksanakannya. Topik yang penulis angkat adalah tentang kedudukan pewaris pengganti. Kasus yang terjadi seorang perempuan meninggal dunia sebelum harta peninggalan orang tuanya di bagi. Oleh karena itu anak perempuannya mengajukan gugatan ke Pengadilan Agama untuk menuntut hak ibunya. Menurut Kompilasi Hukum Islam Pasal 178 ayat 2, pasal 181,182 dan pasal 185 KHI mengatakan ahli waris pengganti dibatasi pada ahli waris berdasarkan hubungan darah dalam keturunan garis lurus kebawah hingga derajat cucu, dan ahli waris laki – laki dapat diduduki baik oleh anak laki – laki maupun perempuan. Maka majelis Hakim menetapkan bagian ahli waris M.Nur Syafii dan Umi Kalsum sebagai berikut : 1. Nur Syahril (anak laki –laki) mendapat 2/7 bagian; 2. Nur Syahrul (anak laki –laki) mendapat 2/7 bagian; 3. Nur Syahruddin (anak laki – laki) mendapat 2/7 bagian. 4.Tengku Deka Sari (cucu dari anak perempuan/ahli waris pengganti) mendapat 1/7 bagian.Kata Kunci : Hukum Waris Islam, Ahli Waris Pengganti AbstractIslamic Inheritance Law is also called Faraidz Law, which is sourced from the Koran and Hadith. For every Muslim, whether he is a man or a woman who does not understand Islamic inheritance law, it is obligatory for him to study Islamic inheritance law. And conversely, who has understood Islamic inheritance law, is also obliged to teach it to others. In doing the division of inheritance according to Islamic inheritance law, must go through the right stages. If the stages have been correct, then no matter how complicated it will be resolved immediately. The author is of the opinion that the provisions regarding inheritance contained in the Qur'an and hadith are legal provisions that are coercive, and therefore obligatory for every Muslim individual to implement them. The topic that the author raises is about the position of the successor heir. The case that a woman died before the inheritance of her parents was divided. Therefore, her daughter filed a lawsuit to the Religious Court to claim her mother's rights. According to the Compilation of Islamic Law Article 178 paragraph 2, Article 181.182 and Article 185 of the KHI, it is stated that substitute heirs are limited to heirs based on blood relations in straight line descent to the degree of grandchildren, and male heirs can be occupied by both sons and daughters. woman. So the panel of judges determined the share of the heirs of M. Nur Syafii and Umi Kalsum as follows: 1. Nur Syahril (boy) gets 2/7 shares; 2. Nur Syahrul (boy) gets 2/7 shares; 3. Nur Syahruddin (boy) gets 2/7 shares. 4. Tengku Deka Sari (grandson of daughter/substitute heir) gets 1/7 share.Keywords: Islamic Inheritance Law, Substitute Hei
Conversion of African Americans to Islam : a sociological analysis of the Nation of Islam and associated groups
No full text'Conversion of African Americans to Islam: A Sociological Analysis of the Nation of
Islam Associated groups' is an empirical study of the religious experience of people
who had/have distinctive features in terms of race, ethnicity and historical experience.
The purpose of this thesis is to demonstrate how African Americans' (AAs) conversion
experience in general, and the Nation of Islam associated groups' conversion in
particular, differ from the studies of recruitment and conversion in the sociology of
religion and New Religion Movements (NRMs). More specifically, their recruitment
and conversion experiences to Islam diverge from those who converted to mainstream
Islam. The study investigates how AAs' historical experience, soci-economic
difficulties and the racism they encountered shaped and influenced their religious
understanding.
Research methods involved participant observations, a survey questionnaire, interviews,
conversations, personal communications and correspondence. To collect ethnographic
data eleven months field research was conducted mainly in the Chicago area and on two
short visits to Detroit, and three years continued communications with Muslim officials
and academics in the area. During the field research and afterwards through personal
communication 181 survey questionnaire responses were received, and 23 Muslim
officials, academics and ordinary Muslims were interviewed through semi-structured,
unstructured interviews, conversation and correspondence.
The thesis begins with a brief history of Islam and Muslims in general and the African
American Muslims (AAMs) in particular. More emphasis is given on the historical
development of the Nation of Islam (NOl). Then in Chapter III, discussions of schisms
in the history of the NOT are examined from sociological perspectives of social and
religious movements. In Chapter IV I aimed to formulate my own perspective to
analyse and study the conversion experiences of AAMs to Islam. I used a multivariate
approach, considering selectively widely held conversion and recruitment theories in the
sociology of the religion. I consider in Chapter V the predisposing conditions for AAMs
that influence their decision-making to join in the NOT, for example, political and
nationalistic sentiments and socio-economic deprivations. In Chapter VI I have applied
different terms to describe their religious experiences, such as conversion, alteration and
reversion. I have analysed further their encounters with the NOT, the methods of
recruitment they used and their major motives for joining the NOT and converting to
Tslam. In the concluding chapters (Chapter VII VTTT) I describe the different responses
of AAMS to Islam following the death of Elijah Muhammad. It is found out that the
Islamic appeal has polarised. While Farakhan's NOT appeared to continue the tradition
and style of the old NOI with the emphasis on nationalistic and socio-economic factors,
Tmam W. D. Mohammed's community turned more to the religious and spiritual aspects
of Tslam. These different approaches led to a polarisation of the appeal of Tslam to
AAMS.
This thesis contributes to knowledge in four key areas; the sociology of religion and
religious movements, the sociology of social and nationalistic movements, religious and
Islamic studies
Praktik Martuppak Martahi di Desa Sibargot Kabupaten Labuhanbatu Sumatera Utara Ditinjau dari Perspektif Utang Piutang
No full textThe factors underlying the writer in discussing this title see the Sibargot Village community doing Martuppak Martahi practices in the Walimah program. Then there is a repayment of money that has been given in Walimah, furthermore it is not known included in the payment of accounts payable or only limited to giving. Whereas in Islam, the loan receivables contract must be clear, both in terms of payment time and in terms of the amount of money that must be paid. The purpose of this research is to find out the practice of Martuppak Martahi in the Walimah event in Sibargot Village in terms of Debt Debt Perspectives. The method used is field research using interview techniques. Then the data is analyzed using qualitative descriptive analysis methods. From the results of the analysis conducted by the author on these data it can be concluded that according to the perspective of accounts receivable debt, Martuppak Martahi practices are not accounts receivable debt, but are included in the giving off and this is permissible.Faktor yang melatarbelakangi penulis dalam membahas judul ini melihat masyarakat Desa Sibargot melakukan praktik Martuppak Martahi dalam acara walimah. Kemudian adanya pembayaran kembali uang yang telah diberikan di walimah, selanjutnya hal itu tidak diketahui termasuk dalam pembayaran utang piutang atau hanya sebatas pemberian semata. Sedangkan dalam Islam, akad utang piutang yang dilakukan harus jelas, baik dari segi waktu pembayaran maupun dari segi jumlah uang yang harus dibayarakan. Adapun tujuan dalam penelitian untuk mengetahui praktik Martuppak Martahi dalam acara walimah di Desa Sibargot ditinjau dari perspektif utang piutang. Metode yang digunakan yaitu penelitian lapangan dengan menggunakan teknik wawancara. Kemudian data tersebut dianalisis dengan menggunakan metode analisis deskriptif kualitatif. Dari hasil analisis yang penulis lakukan terhadap data tersebut dapat disimpulkan bahwa menurut perspektif utang piutang praktik Martuppak Martahi bukanlah merupakan utang piutang tapi termasuk kepada pemberian lepas dan praktik tersebut boleh dilakukan
Political Instrumentalisation of Islam, Persistent Autocracies, and Obscurantist Deadlock
No full textThe empirical literature has established a strong link between the fact of being a Muslim-dominated country and indicators of political performance and democracy. This suggests the possible existence of a relation between religion, Islam in this instance, and societal characteristics. Bernard Lewis and others have actually argued the case for such a relation, pointing to aspects of the Islamic religion and culture that make the advent of democracy especially difficult. These arguments fall into the general idea of the Clash of civilisations put forward by Samuel Huntington. In this paper, we discuss this sort of argument and show that there is a systematic misconception about the true nature of the relationship between Islam and politics: far from being merged into the religious realm, politics tends to dominate religion. Because of the particular characteristics of Is-lam, namely, the lack of a centralised religious authority structure and the great variability of interpretations of the Islamic law, there is a risk of an obscurantist deadlock in the form of a vicious process whereby both the ruler and his political opponents try to outbid each other by using the religious idiom. This risk looms particularly large in crisis situations accentuated by international factors.
Intellectual property laws and Islam in Malaysia.
No full textPhDThis study is undertaken on the premise that Islam and Islamic law is to be taken into
serious consideration in any future legislative reform of laws in Malaysia. Islam being
the religion of the country and the strong religious sentiment of the Muslims (who
form the majority in Malaysia) cannot be overlooked or dismissed lightly by the
legislators in Malaysia. Reformation of intellectual property laws is timely, as we are
now approaching to the dateline set by GATF-Trips agreement which aim is to
improve our standard of intellectual property protection. This study seeks to analyze
and evaluate the current legislation pertaining to intellectual property in Malaysia in
terms of the philosophy and rules governing the existence, ownership and exercise of
these rights and their consistency and inconsistency with Islam and Islamic law. The
main objective of this study is to prove that a coherent and logical conceptual
framework of ownership of intellectual property can be derived from an Islamic
perspective which not only offers the basis of rights but also defines the scope of
these rights. From the point of ownership of rights, support can be obtained from the
normative framework of property rights within the traditional classification of 'mal'
(property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the
point of exercise of rights, the exact scope can be defined from the analysis of
fundamental concepts which have been developed by Muslim jurists. It has been
established that Islam and Islamic law offers a sound and systematic paradigm, which
in deeper analysis, can satisfy both our current obligations under international
treatises, as well as our responsibility to practise our religion to the fullest
“We are against Islam!”: The Lega Nord and the Islamic folk devil
No full text© 2012 the Author(s). This article has been published under the terms of the Creative Commons Attribution License. Without requesting permission from the Author or SAGE, you may further copy, distribute, transmit, and adapt the article, with the condition that the Author and SAGE Open are in each case credited as the source of the article.Since 1995, the Italian Lega Nord (LN) political party has depicted itself as the defender of Padania, a territory that covers the mainly affluent regions of Northern Italy. Around this politico-spatial territory, the LN has shaped an identity based on the notion of Popolo Padano (the Padanian People). Since the new millennium, LN rhetoric has increasingly focused—stemming more from the demands of realpolitik than those of conviction—on opposing irregular immigration per se and, more specifically, Islam and Muslim immigration. In the eyes of the LN propagandists and their media, the theology of Islam and its practitioners represent a growing threat to the modern Italian and Padanian identity (and tradition). The LN has not been alone in using the media to oppose Islam; the Italian media has reinforced LN messages; Muslims are generally depicted as dangerous and compared with terrorists and their religion and culture are described as the opposite of Italian/West values. Something approximating to a “moral panic” around this issue has ensued. Integral to this are notions of morality combined with practices of moral entrepreneurship. What follows seeks to highlight the LN’s stereotypical depictions of Islam. This evaluation is important because the LN was a major player in former Prime Minister Silvio Berlusconi’s government (2008-2011) and is still a significant party among the Italian political spectrum. Integral to what follows are the following questions: “Is contemporary Islamic immigration a threat to the Italian (and Padanian) way of life?” and “Are the perceived threats to be found in the periodic uncertainties that societies suffer or might we need to search for wider processes?
Diffusion approximations of the geometric Markov renewal processes and option price formulas
No full textWe consider the geometric Markov renewal processes as a model for a securitymarket and study this processes in a diffusion approximation scheme. Weak convergenceanalysis and rates of convergence of ergodic geometric Markov renewal processes in diffusionscheme are presented. We present European call option pricing formulas in the case ofergodic, double-averaged, and merged diffusion geometric Markov renewal processes.Source type: Electronic(1
Pemikiran Hermeneutika Khaled M. Abou El Fadl: Dari Fikih Otoriter Ke Fikih Otoritatif
No full textArtikel ini merupakan analisis buku yang ditulis Khaled M. Abou el-Fadl berjudul Speaking in God’s Name: Islamic law, Authority and Women, yang mencoba memaparkan pemikiran Khaled M. Abou El Fadl yang mengusung teori otoritas dengan menggunakan pendekatan hermeneutika sebagai pisau analisis dalam menyikapi persoalan hukum Islam yang berkembang selama ini yang masih dianggap diskriminatif, dalam istilah Khaled M. Abou El Fadl disebut sebagai otoritarianisme interpretasi. Hermeneutika yang Khaled M. Abou El Fadl kembangkan berorientasi pada otoritas penafsiran sebuah teks dengan menegosiasikan teks, pengarang dan pembaca dengan memperhatikan tiga hal, yaitu; kompetensi (autentisitas), penetapan makna, dan perwakilan. Tiga pokok persoalan inilah menurut Khaled M. Abou El Fadl, memainkan peranan penting dalam membentuk pemegang otoritas dalam dikursus keislaman. This article is an analysis of the book written by Khaled M. Abou el-Fadl entitled Speaking in God's Name: Islamic law, Authority and Women, which tries to explain the thoughts of Khaled M. Abou El Fadl who carries the theory of authority by using a hermeneutic approach as an analytical knife in addressing The problems of Islamic law that have developed so far are still considered discriminatory, in Khaled M. Abou El Fadl's terms referred to as interpretation authoritarianism. The hermeneutics that Khaled M. Abou El Fadl developed is oriented towards the authority of the interpretation of a text by negotiating the text, the author and the reader by paying attention to three things, namely; competence (authenticity), determination of meaning, and representation. According to Khaled M. Abou El Fadl, these three main issues play an important role in shaping the authority holders in Islamic discourse
PERAN PENTING ETIKA BISNIS ISLAM TERHADAP PENDAPATAN DAN PENGEMBANGAN UMKM
No full textEthics is a scientific discipline that deals with the character, values, and norms of human behavior, be it commendable or disgraceful behavior depending on the person judging it. And what is meant by Islamic business ethics is the overall ethics that must be applied and become a guide for business people in accordance with sharia provisions or provisions from the Qur'an and hadith which are guidelines for Muslims and the words of the Prophet. Business people, especially Micro, Small and Medium Enterprises (MSMEs), Islamic business ethics is an effective way of developing and increasing income for those who own a business. Because there are already rules for doing business and developing a business. When a business actor can apply Islamic business ethics in running his business, it will make it easier to develop a business and easier to identify or fix if there is a problem in a business. The research method used by the author is a qualitative method and through literature reviews from books and journals that are relevant and recent. The results of this study prove that Islamic business ethics have several positive impacts and provide benefits to the income and development of Micro, Small and Medium Enterprises, for example, it is easier to run a business, be disciplined, orderly, and reduce the risks that will be faced in carrying out economic activities and are very profitable
Conservation in an Islamic context a case study of Makkah
No full textThe Holy Qu’ rān contains many injunctions for Muslims to respect and conserve the natural environment but few address the built environment. Habitat at the time of the Prophet (PBOH) was in the vernacular and relatively impermanent. The first habitat was the cave, the second the tent and then simple flat roofed buildings of post and lintel construction made of mud and rubble. Later buildings were not indigenous but reflected the architectural styles and techniques of Muslim pilgrims from beyond the Arabian Peninsula. Permanent exotic buildings were later erected as reminders of holy places and events. This work advances a case to restore and preserve historic and religious sites in Makkah, Saudi Arabia. Makkah is the destination for millions of Muslim pilgrims who annually pay homage to Allah during the occasions of Hajj, Ramadan and Umra. The tranquillity and peaceful ambience that one associates with the holiest of Islamic experiences have, over the years, given way to jostling crowds of people who must be expediently housed, fed, transported, and protected. Due to the lack of planning and the insensitive but profitable development of the city, Makkah is in grave danger of becoming a bustling metropolis instead of a sanctuary where pilgrims gather to perform their religious rites and reaffirm their dedication to Allah. The author calls for professional planning and international cooperation to guide future development for this expanding and sensitive area. The author's ideas are grounded in practical and aesthetic study, therefore, the political, environmental and economic issues are examined in relationship to religious, historic and artistic values. The author makes proposals for a future Makkah that would provide pilgrims with the physical comforts, security, and serene environment they deserve—without destroying the city they came to visit. The author discusses preservation and conservation in the western world and the need for their acceptance in Muslim countries, the former being an aesthetic and intellectual concept sustained by law and the latter being the prescribed free expression of the individual unhindered by material considerations. Both worlds are rapidly being overwhelmed by materialism, but body, mind and spirit combine in making us aware of our surroundings and the way in what we see around us has come into being
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