35 research outputs found
Pendidikan Agama Islam Berbasis Karakter Di Perguruan Tinggi : (Disertai buku panduan praktikum pengalaman ibadah)
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Akibat Hukum Perceraian Berdasarkan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan
Full text linkIssues to be considered by a husband and wife who will do a divorce is a problem child who has been born into the marriage. In this case the divorce will be legal consequences for the child, the child must choose to participate or join her father. The problem in this research is how the legal consequences of divorce in terms of the responsibilities of parents who have divorced under Law No. 1 of 1974 on Marriage. The method used is normative and empirical using secondary data and primary data. Analysis of qualitative data. Based on the results of research and discussion, the legal consequences of divorce under Law No. 1 of 1974 on Marriage is a legal consequence of the maintenance of the child, the joint property and income of the wife is divorced and living to children. Advice is should the husband and wife who want to be able to think of divorce as a result of divorce, especially to the problems of both children both morally and materially
Pencatatan Pernikahan Dan Akta Nikah Sebagai Legalitas Pernikahan Menurut Kompilasi Hukum Islam
Full text linkAccording to Islamic marriage law, each oral marriage agreement must fullfill all marriage requrements. For the sake of marriage administration, each marriage events must be registered and the proof of registration is a marriage sertificate issued by the head of The Office of Religion Affairs (KUA) given to the couple. The sertificate proves the couple as a legal spouse to all other parties. A marriage without serificate may be requested to Local District Religion Court for a legal decision (Isbat nikah)
IMPLEMENTATION OF SYARI'AH ECONOMIC PRINCIPLES ON THE MANAGEMENT OF SYARI'AH MUTUAL FUND IN INDONESIA
Full text linkSyari’ah Financial Institution is one of the institutions of Islamic doctrine that is currently mushrooming in the midst of modern Indonesian society. Along with the growth of syari'ah financial institutions, MUI issued that interest is usury which is unlawful. The entry of syari'ah financial institutions in Indonesia made a new breakthrough in the syari'ah capital market. One of the products of syari'ah capital market is Syari'ah Mutual Fund. Syari'ah mutual funds are defined as mutual funds as referred to in the Capital Market Law and its implementing regulations whose management does not conflict with the principles of syari'ah in the capital market. The problem of this research is how is the interpretation of the regulation of syari'ah economic principle in Indonesia and how is the management of Syari'ah Mutual Funds based on syari'ah economic principle in Indonesia. This research is normative research with descriptive research type. The approach used is normative juridical. The data collection was done by literature study and document study. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is then analyzed qualitatively.
The findings of the research show that there are 3 (three) principles of syari'ah economy namely the principles of Tauhid, Justice, and Benefits. The regulation of syari'ah economic principles in Indonesia is regulated in the DSN-MUI and compilation of Islamic law. Basically syari'ah economic principles are in the field of Bank financial institutions and Non-Bank financial institutions. The arrangement of syari'ah economic principles, as well as regulated in law but also governed by Syar'i Law and Fiqh law through Ijtihad, by the method of Mashlahah Mursalah. Implementation of investments in Syari'ah Mutual Fund transaction mechanism in investing through Syari’ah Mutual Funds should pay attention to things that are not against the Islamic Syari'ah. Implementation of the transaction contract should not be contrary to the Islamic Syari'ah, whether prohibited because (1) Forbidden in addition to the substance, which contains tadlis, ihtikar, ba'i najasy, garar, and usury, as well (2) Because unauthorized, i.e. the order and conditions are not met, there ta'alluq, and there are two contracts in one transaction simultaneously. The idea of syari’ah economic principles recommends to the Syari’ah Banking Supervisory Board to make further regulation in the development of investing through Syari’ah Mutual Funds in Indonesia
Family Law: High Economic and Bachelor’s Moeslem Couples Divorce Suit in Bandar Lampung City
No full textHUKUM EKONOMI SYARIAH : TELAAH REGULASI PENERBITAN SUKUK IJARAH
Full text linkThe investment discussed in this study is an example of investment activities in the Islamic capital market. Indonesia, which has the potential of being a majority Muslim population, is expected to be able to accommodate and actively participate as the main perpetrators of Indonesia's sharia capital market, which is supported by regulations as a counterweight to capital market transaction activities.In this study, legal issues are explained systematically in the form of the first problem formulation, what are the forms of regulations and the mechanisms that are applied in the issuance of ijarah sukuk, secondly the legal context of parties in the issuance of sukuk based on ijarah agreement. The type of research used in this research is normative, with descriptive research type.The problem approach used is inventorying legal material (data) the results of processing for the study were analyzed using qualitative analysis methods, by producing a description of the data in the form of sentences arranged in a regular, logical, and effective manner. The results of this study are 1.) Sukuk transactions in Indonesia are regulated in several regulations, namely the Law, OJK Regulations, and Fatwa. Regarding the mechanism for issuing sukuk, it follows the procedure based on the Ijarah agreement which is governed by Islamic law. 2.) The legal context of the parties to the sukuk transaction includes the rights and obligations of the parties, which are governed by the provisions of both national positive law and Islamic law.Investasi yang dibahas dalam penelitian ini merupakan contoh kegiatan investasi pada pasar modal syariah. Indonesia yang berpotensi jumlah penduduk mayoritas muslim, diharapkan dapat mengakomodir dan turut serta aktif menjadi pelaku utama pasar modal syariah Indonesia yang didukung regulasi sebagai penyeimbang kegiatan transaksi pasar modal. Transaksi keuangan pasar modal syariah yang dibahas pada penelitian ini adalah sukuk dengan mengkaji akad ijarah berdasarkan hukum Islam. Pada penelitian ini, isu hukum yang dijelaskan sistematis dalam bentuk rumusan masalah pertama, apa saja bentuk regulasi serta mekanisme yang diberlakukan dalam penerbitan sukuk ijarah, kedua hubungan hukum pihak-pihak dalam penerbitan sukuk berdasarkan akad ijarah Jenis penelitian yang digunakan dalam penelitian ini adalah normatif, dengan tipe penelitian deskriptif. Pendekatan masalah yang digunakan yaitu menginventarisir bahan hukum (data) hasil pengolahan untuk penelitian dianalisis dengan menggunakan metode analisis secara kualitatif, dengan menghasilkan uraian data dalam bentuk kalimat yang tersusun secara teratur, logis, dan efektif. Hasil penelitian ini yaitu 1.) Transaksi sukuk di Indonesia diatur dalam beberapa regulasi yaitu Undang-Undang, Peraturan OJK, dan Fatwa. Terkait mekanisme penerbitan sukuk mengikuti prosedur berdasarkan akad Ijarah yang diatur berdasarkan hukum Islam. 2.) Hubungan hukum para pihak dalam transaksi sukuk meliputi hak dan kewajiban para pihak, yang diatur berdasarkan ketentuan baik hukum positif nasional dan syariat Islam
KEDUDUKAN FATWA TERHADAP DASAR HUKUM PENYELESAIAN SENGKETA EKONOMI SYARIAH MELALUI BASYARNAS
Full text linkThe role of fatwa in supporting the implementation and implementation of sharia law in Indonesia is very diverse, for example in the implementation of contract agreements. Ideal contract in the contract of national sharia In language, the word "contract" comes from the Arabic language al-qAqd which is used in many meanings, all of which return to the meaning of the bond or merging two things. This definition includes all types of commitments, both from two or more parties, such as buying and selling contract, rent and marriage contract and others. The problems discussed in this paper are the Legal Basis of the Strength of Binding Fatwa in Regulating the Settlement of Sharia Economic Disputes in Indonesia through Basyarnas.The results discussed regarding Fatwa are solutions that provide religious answers to the problems that arise which are always developing and so complex, besides discussing the mechanism of proceedings in Basyarnas.Conclusion of this writing, Fatwa is increasingly developing as the times develop and its role in supporting the construction of the legal basis must be strengthened or at least be a special consideration for judges to resolve disputes on a concrete basis and can be accepted logically by litigants.The role of fatwa in supporting the implementation and implementation of sharia law in Indonesia is very diverse, for example in the implementation of contract agreements. Ideal contract in the contract of national sharia In language, the word "contract" comes from the Arabic language al-qAqd which is used in many meanings, all of which return to the meaning of the bond or merging two things. This definition includes all types of commitments, both from two or more parties, such as buying and selling contract, rent and marriage contract and others. The problems discussed in this paper are the Legal Basis of the Strength of Binding Fatwa in Regulating the Settlement of Sharia Economic Disputes in Indonesia through Basyarnas.The results discussed regarding Fatwa are solutions that provide religious answers to the problems that arise which are always developing and so complex, besides discussing the mechanism of proceedings in Basyarnas.Conclusion of this writing, Fatwa is increasingly developing as the times develop and its role in supporting the construction of the legal basis must be strengthened or at least be a special consideration for judges to resolve disputes on a concrete basis and can be accepted logically by litigants
ANALISIS PRAKTIK AKAD IJARAH MUNTAHIYAH BI AL-TAMLIK DALAM LEMBAGA PEMBIAYAAN SYARIAH DI INDONESIA
Full text linkAwareness of muslims as a people the majority of the population to behave in islamic is one reason the development of syariah banking in indonesia. Significantly, in defending its existence, islamic banking industry continued to innovation for shariah products, in accordance with society development one of the Islamic banking products is ijarah muntahiyah bi al-tamlik. The ijarah muntahiyah bi al-tamlik contract is one of the relatively new contracts, because it combines several types of contracts in a contract.
For some of these reasons, the authors are interested in discussing more about the legal aspects of the ijarah muntahiyah bi al-tamlik and how they are practiced in Islamic finance institutions. The research method used is a qualitative method with a type of normative juridical research. The conclusion obtained is that the contract of the ijarah muntahiyah bi al-tamlik which is a lease agreement that ends with ownership is permissible in Islam. This was confirmed by the DSN-MUI fatwa No. 27 / DSN-MUI / III / 2002 concerning the Ijarah muntahiyah bi al-tamlik. Even in practice, there have been several rules from Bank Indonesia and the Financial Services Authority which specifically regulate the implementation of the ijarah muntahiyah bi al-tamlik contract
