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Academic literature on the topic 'Fiqh al mu'amalat'
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Journal articles on the topic "Fiqh al mu'amalat"
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Kamali, Mohammad Hashim. "Islamic Commercial Law." American Journal of Islam and Society 13, no. 2 (July 1, 1996): 197–212. http://dx.doi.org/10.35632/ajis.v13i2.2330.
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Introductory RemarksThe Islamic law of transactions (mu'amalat) has often been singled outas the most important area of contemporary research in Islamic theses, somuch so that, according to some observers, its priority is even higher thanthat of research in applied sciences and medicine. This status is due to thecritical importance of commercial transactions in the wealth generation andproductivity prospects of contemporary Muslim countries. New researchon issues of conventional fiqh al mu'amalat is essential for the viability andsuccess of economic development programs in Muslim countries. In recentdecades, research interest in fiqh al mu'amalat has been shifting increasinglyto specific themes and development of new operative formulas tostimulate profitable business in the marketplace. Evidently, futures tradingis one such theme where original ijtihad is required to enhance theprospects of economic success, especially in farming and agro-based industriesin developing Muslim countries.The futures market is where contracts for future sale and purchase canbe concluded for standardized quantities and qualities of commodities, currencies,bonds, and stocks. Ever since the large-scale inception of futuresmarkets in the early 1970s, new products and trading formulas in varioustrade sectors involving commodities, options, financial futures, and stockindex futures, among others, have increased so much that futures contractscurrently are available in over eighty commodities, ranging from foodgrains, oil and oil seeds, sugar, coffee, livestock, eggs, orange juice, cotton,rubber, precious metals, and currencies. In terms of volume, futures tradinghas far exceeded trading levels in conventional stocks and, currently, is thesingle most voluminous mode of commerce on the global scale ...
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Nurul Arafah, Shofy Liza. "MULTI AKAD (HYBRID CONTRACT) INOVASI PRODUK LEMBAGA KEUANGAN SYARIAH." EKSISBANK: Ekonomi Syariah dan Bisnis Perbankan 2, no. 2 (December 25, 2018): 49–54. http://dx.doi.org/10.37726/ee.v2i2.52.
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One of the parameters to assess whether a product meets sharia principles or not is to pay attention to the contracts and the various conditions used in the product. Products in Islamic finance activities, if against them are carried out by al-takyif al-fiqhi, some or even the majority of them contain several contracts. For example, in sharia credit card transactions there are ijarah, qardh and kafalah contracts, Islamic bonds contain at least mudharabah (or ijarah) and wakalah agreements, and sometimes with kafalah or wa'd, Islamic Swap contains several times the bargruq contract, bai ', wakalah, sharf and sometimes or always accompanied wa'ad. In every transaction, the contracts are carried out simultaneously or at least every contract contained in a product cannot be abandoned, because all of them are one entity. Such transactions are termed the multi contract (hybrid contract) which is now in the terminology of contemporary muamalat fiqh (fiqh al-mu'amalat al-maliyah al-mu'ashirah) called al-'uqud al-murakkabah.
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Dedi, Syarial. "The Arisan of Qurban in Islamic Economic Perspective." AL-FALAH : Journal of Islamic Economics 6, no. 1 (June 28, 2021): 85. http://dx.doi.org/10.29240/alfalah.v6i1.2282.
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Purpose: This research aims to answer the practice of qurban social gathering that has recently developed in society. There are two interesting things that need to be discussed; the first, in the arisan to conduct the lottery, Islam views the lottery as identical with gambling and the law is strictly forbidden. The second, social gathering is essentially a debt, while qurban worship is obligatory on people who can afford it. Obviously the debtor can't afford it. The conclusions, it was concluded that social gathering is generally classified as a mu'amalat activity that contains elements of mutual assistance. This activity has never been mentioned in the Qur'an or hadith directly, the law refers to the law of origin of mu'amalah, which is permissible. Design/Method/Approach: This research is a library research with a qualitative approach, and uses content analysis techniques with the ushul al-fiqh framework.Findings:He turns into haram, if it contains elements of usury, fraud and causes losses to other parties. The essence of arisan is debt, while qurban worship is borne by capable servants as the characteristics of Islamic law are not burdensome. The leaving worship beyond one's ability is not a sin.Originality/Values:
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S., Riyandi. "Fiqh Science Factors of Difference of Opinion (Analysis of the Relationship with Humans and Its Nature of Needs)." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 1 (January 21, 2021): 465–71. http://dx.doi.org/10.33258/birci.v4i1.1628.
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Islam is a religion of rahmatan lil'alamin, in which various kinds of religious laws have been regulated, ranging from social issues to spiritual issues, where legal issues relating to humans are wrapped in a scientific discipline, namely the science of fiqh. This phenomenon can be seen clearly from the works of previous scholars, in which one of the problems of Islamic law is worship, mu'amalat munakahat and jinayat or in fiqh it is called rubu 'systematically structured science, this paper discussing the science of fiqh and the factors for the occurrence of differences of opinion among the imams school, the author uses a qualitative methodology using a historical opproach approach in order to provide data validity about the development of fiqh science. History records that fiqh has appeared since the time of Rasulullah SAW (fiqih waqi’ amali) and the time of the Companions. Fiqh developed gradually and preodised until it became a discipline rich in its ushul fiqh methodology. The main factor in the emergence of differences of opinion among the Imam of the Schools was due to their differences in translating Nash Al-Qur'an and Hadith as well as legal issues that were not contained in the Nashnya in the Al-Qur'an or Hadith by focusing on one discipline of Ushul Fiqih through the istimbat methodology through the Ijtihad of each Imam School. The relationship between fiqh and human deeds is always contaminated and cannot be separated from the problem of worship, because humans began at the time when they were subjected to the law of syara ', like it or not, humans have to deal with legal issues (khitabullah). The essence of human need is to get a life that is truly holy in the world and the hereafter, when viewed from the real side of life, humans need a life that is safe, peaceful, prosperous, just and safe. This can be felt and enjoyed if the human has knowledge.
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Jonwari, Jonwari. "NILAI-NILAI TASAWWUF DALAM FIKIH MU'AMALAH." LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan 11, no. 1 (June 10, 2017): 25–58. http://dx.doi.org/10.35316/lisanalhal.v11i1.175.
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Application concept in fiqh-tasawwuf that level of social reality. There is a serious controversian between fiqh and tasawwuf at stage of practitioner. Not infrequently, fiqh doctrine is always clashing with teachings of tasawwuf. From the assumption that fiqh is consider nuance legal-formal, rather than tasawwuf which is ethical value. Therefore, the law is binding and forcing while tasawwuf flexible. Then, that make fiqih rigid, stiff and inflexible. So often, fiqih does not seem to care about wishes of tasawwuf. On the contrary, at a further stage, some people who have reached the top of tasawwuf, feel unnecessary to formal rules of fiqh.
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Fageh, Achmad. "Implementasi Qawa’id Al-Fiqh Pada Prinsip-Prinsip Ekonomi Syariah." JES (Jurnal Ekonomi Syariah) 1, no. 2 (March 2, 2017): 257–65. http://dx.doi.org/10.30736/jes.v1i2.19.
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To assess and find a sharia law on contemporary issues, including economic activity, it is absolutely required ushul fiqh. Supposing, ushul fiqh is the production process to produce a product of jurisprudence by means of operational standards qawa'id fiqhiyyah. A law of fiqih can not be removed from the proposition/source (the text of the al-Quran and Hadith) without going through the ushul fiqh and qawa'id fiqhiyyah. Not all qawa'id fiqhiyyah can accommodate interests in activities mu'amalah instead. Only a few of qawa'id is associated with transactions of mu'amalah instead. Thus, as the increased complexity of a trade and needs, it is of course necessary to study qa'idah even more, with reference to the methods outlined in ushul fiqh
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Rusdan, Rusdan. "Anatomi Zakat Mal (antara Ibadah Mahdhah dan Mu’amalah Maliyyah)." PALAPA 9, no. 1 (May 25, 2021): 96–125. http://dx.doi.org/10.36088/palapa.v9i1.1060.
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There is a general view that is developing among the jurists' that zakat is a mahdhah worship which contains the side of mu'amalh maliyah ijtima'iyyah. As a mahdhah worship, zakat is ta'abbudi. At this point, submission and obedience are put forward so that there is no room for innovation and creation. While in its position as mu'amalh maliyah ijtima'iyyah it is ta'aqquli, so it is possible to make innovations and creations, both regarding the object of zakat, miqdar zakat (nishab and percentage of zakat), or other things that surround the zakat. The data used in this research is secondary data which is collected and obtained from literature studies, documents and other scientific publications. While the data analysis method used is a qualitative descriptive method, which is intended to comprehensively explain and analyze the position of zakat as mahdhah worship which contains mu'amalah maliyyah ijtima'iyyah which cannot be separated from the socio-economic aspects. Although it is understood that zakat mal contains aspects of mu'amalah maliyah ijtima'yyah, in addition to aspects of mahdhah worship which are ritual nuances and are ta'aqquli in nature, in practice the nuances of worship are more dominant, both at the theoretical-normative and practical-policy level. This is evident from the lack of progressive ijtihad to develop zakat miqdar (nishab and zakat percentage), zakat objects, and state policies. So far, the object of zakat has almost no development other than what the jurists have discussed in fiqh books which usually only revolves around a few commodities / business fields, such as zakat on gold and silver, zakat on livestock (usually limited to camels, cows, and goat), zakat on agriculture and certain fruits, zakat on commerce, and zakat for mining goods and hidden assets.
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A. Muhyiddin Khotib. "Efektivitas Pengelolaan Zakat Melalui Dana Alokasi Khusus dalam APBN." Istidlal: Jurnal Ekonomi dan Hukum Islam 3, no. 2 (October 15, 2019): 165–72. http://dx.doi.org/10.35316/istidlal.v3i2.159.
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Many thinkers and Muslim scholars who continuously strive to make zakat as the main alternative in overcoming social inequality in the economic field. This effort starts from the reformulation of thought to its application stage. Prof. Dr. Yusuf al-Qardhawi (born 1926) who has gassed the concept of zakat through his two books Fiqh al-Zakat and Musykilatu al-Faqri wa kaifa ‘alajaha al-Islam. His two works are concrete proof that zakat has a strategic position in overcoming poverty. In my opinion, one of the problems which has not completed at the concept level is that the position of zakat is equated with prayer, fasting, and pilgrimage as fiqh of worship. This results in positioning zakat on privacy matters so that the state feels limited in intervening in the management of zakat because it feels uneasy and there is fear of criticism of people who do not want the state to take care of one's privacy when practicing their worship. The reasons that motivated the writer to study zakat in a dissertation entitled "Reconstruction of Zakat on Prayer to Mu'amalah in the perspective of Maqashid al-Shari'ah. The conclusion is that zakat is mu'amalah jurisprudence which has the dimension of worship and it doesn’t have a social dimension.
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Anwar, Khoirul. "AFIRMASI FIQH ATAS HUKUM ADAT DAN HUKUM NEGARA." LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan 13, no. 1 (June 29, 2019): 119–36. http://dx.doi.org/10.35316/lisanalhal.v13i1.452.
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There are many religious practices are found in the construction of fiqh, both ‘ubudiyah (vertical relations) and mu'amalah (horizontal relations), which are the results of the adoption of pre-Islamic Arabic traditions. Hajj, umrah, hadd al-zina and stealing, drinking khamr, qishas, diyat, qasamah and 'aqilah, until slavery and polygamy are examples of Arabic traditions (customary law) which are reformulated in the construction of fiqh. In the science of ushul fiqh, tradition gained attention, and even became one of the sources of Islamic law. In the context of life of nation and state, whatever state provisions can also be accommodated by fiqh. Therefore, customary law and also state law can be accommodated by Islam as long as it does not conflict with Islamic vision. And so, Islam does not become rigid and easily accepted by the people, as preached by the Prophet Muhammad SAW in Arab and Walisongo in Indonesia.
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Hidayah, Ardiana. "JUAL BELI E-COMMERCE DALAM PERSFEKTIF HUKUM ISLAM." Solusi 17, no. 1 (January 1, 2019): 84–93. http://dx.doi.org/10.36546/solusi.v17i1.155.
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Buying and selling is one type of mu'amalah regulated in Islamic Law. Based on its form, e-commerce is a model of buying and selling transactions. The concept of e-commerce buying and selling leads to engagement between the parties to provide an achievement. Based on Sunnah Fiqh, buying and selling is the exchange of property (whatever its form) is done voluntarily or the process of transferring property rights to other people with compensation or certain rewards. According to Islamic Law, e-commerce buying and selling is permissible, if it is in accordance with the rules of fiqh in the basic principles of muamalah transaction and its requirements as long as it is not prohibited by sharia or contrary to the argument
Dissertations / Theses on the topic "Fiqh al mu'amalat"
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Chiara, Gabriella de. "Aspetti giuridici ed economici delle comunità islamiche in Italia e in Spagna." Doctoral thesis, Universidad de Alicante, 2019. http://hdl.handle.net/10045/110556.
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La presencia de comunidades musulmanas en Europa es cada vez más frecuente. El fenómeno de migraciones de poblaciones de los países árabes es bastante reciente, de hecho se remonta a los años Sesenta, pero solo con tiempo se afirma el concepto de identidad religiosa que caracterizan el musulmán y condiciona cada aspecto de vida cotidiana. En el viaje hacia el Oeste, los musulmanes conllevan las prácticas socio-jurídico que mal se adaptan a los sistemas europeos. Por lo tanto el Estado, con los relativos acuerdos, se encuentra a determinar el tipo de relaciones que propone tener con las comunidades musulmanes establecidas en el mismo territorio. El escenario histórico que se refiere a el nacimiento de la sociedad islámica, ha permitido delinear los fundamentos del sistema de solidaridad y mutualidad, típico de la Umma y que ha influido el sistema de gestión y administración de los tributos. Hoy en día parece encontrar, en el contexto occidental, aunque en modo informal, un sistema de prácticas jurídicas desarrollado para las comunidades musulmanas, similar a lo utilizado en la historia y que define el concepto de solidaridad islámica.
Books on the topic "Fiqh al mu'amalat"
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Pokok-pokok fiqih mu'amalah dan hukum kebendaan dalam Islam. Bandung: [S.n.], 1986.
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