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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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Abdelgawwad, Ossama. "Research Handbook on Islamic Law and Society." American Journal of Islamic Social Sciences 36, no. 4 (October 7, 2019): 121–24. http://dx.doi.org/10.35632/ajiss.v36i4.606.
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The premise of the adaptability, flexibility, and compatibility of Islamic normative teachings (sharīʿa) to new social contexts is already documented by many scholars, including John Bowen’s On British Islam: Religion, Law, and Everyday Practice in Shari‘a Councils and Michael G. Peletz’s Islamic Modern: Religious Courts and Cultural Politics in Malaysia. Unlike those works, this textbook is organized by theme which provides a unique contribution to our understanding of the overall function of contemporary Islamic law. Such an approach shows that the ‘right’ answer in one country is not necessarily the ‘right’ solution in another Muslim community, which explains the diverse application of Islamic law. The book challenges Wael Hallaq’s observation that the modern codification of Islamic law resulted in the absence of hermeneutical possibilities or led to a single mode of judicial application. Perhaps Hallaq’s proposition is accurate if we examine the function of Islamic law in a specific country. Nevertheless, the book provides concrete examples of the administrative and interpretive techniques of ‘neo-ijtihād’ today.
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Ruano, Delfina Serrano. "Spanish Research on Islamic Law, 1990-1999." Journal of Law and Religion 15, no. 1/2 (2000): 331. http://dx.doi.org/10.2307/1051523.
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Kamali, Mohammad Hashim. "ISLAMIC COMMERCIAL LAW." American Journal of Islam and Society 14, no. 3 (October 1, 1997): 17–37. http://dx.doi.org/10.35632/ajis.v14i3.2280.
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This essay is presented in two sections. Section one is devoted to amarket analysis of options, and section two to a Shari'ah perspective onoptions trading. There is no real shortage of information in the operationalprocedures of options and the various ways in which options areutilized as trading vehicles and hedging and risk-reduction devices. Onthe other hand, there is a shortage of in-depth information analyzingoptions trading from the perspective of the Shari'ah. The second part ofthis essay is tentative, in part because certain aspects of the issue needfurther development and research. The literature on the subject is in itsearly stages and has not reached a stage where consensus on issues canbe identified. This is borne out perhaps by the divided opinion that wehave at present over the basic question of the validity or nonvalidity ofoptions from an Islamic legal perspective. I shall review these twoopposing currents of opinion in due course. Suffice it here to note thatthis presentation does not seek to advocate the validity of those varietiesof options which either directly or indirectly proceed on the charging offixed interest to accounts. This may be said to be one of the distinctivefeatures of the Shari'ah perspective on options-just as it is of all varietiesof commercial transactions in Islamic law.My review of the mechanics of options trading in the first section ofthis essay broadly indicates that options trading does not proceed oncharging of fixed interest, nor does it involve unwarranted risk takingand uncertainty (gharur). Options trading has a logic of its own, whichis dominated by the idea of risk reduction and hedging against excessivelylarge positions in its underlying assets. From the perspective ofIslamic law this aspect of options is attractive and hence, from this perspectiveI make the case for the legality of options. I may also add herein passing that options trading cannot be equated with gambling or overindulgencein financial speculation. as it is basically designed to ...
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Darrat, Ali R. "Islamic Law and Finance." American Journal of Islam and Society 8, no. 3 (December 1, 1991): 549–51. http://dx.doi.org/10.35632/ajis.v8i3.2612.
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This book is a collection of essays presented at a conference held inApril 1988 and organized by the Center of Near and Middle Eastern Studiesand the Law Department, School of Oriental and African Studies, Universityof London.Since the mid-I970s, there has been a significant revival of fundamentalIslamic values in several Muslim countries throughout the world. Indeed,a number of Muslim (or perhaps, Islamic) countries like Iran, Pakistan, andthe Sudan have recently taken practical steps towards the total Islamizationof their economic and financial structures. Among the basic characteristicsof an Islamic financial (banking) system is the prohibition of the paymentor receipt of a predetermined (fixed) interest rate which is viewed as usuryand thus prohibited. As an alternative, the Islamic financial system operatesunder the general principle of profit-loss sharing, which effectively transformsbanks into equity-based (investment) firms.As Mallat correctly points out in his preface, the Western notion of profitmaximization does not control the Islamic system. Rather, it is the Shari'ahwhich primarily governs Islamic finance. However, some contributors to thebook, notably William Ballantyne in his introductory chapter, appear to doubtthe feasibility of the Islamic system and its ability to operate in contemporaryeconomies. He argues that "what is required in today's climate, is [amongother things] a restructuring of the Shari'a to fit Western economic concepts"(p. 9-emphasis added).Nevertheless it is my belief, and perhaps the belief of many Muslimscholars in the field, that such a view is unacceptable, for it seems to bein direct conflict with the core of Islam. A basic tenant of Islam is that theShari'ah cannot be changed or restructured to satisfy other lines of thought.Indeed, voluminous contemporary research now exists that demonstrates theviability and relevance of pure Islamic teachings to today's complex economicenvironment. Examples of such research include Chapra (1985, 1991); Khan(1986); Habibi (1987); Darrat (1988); Darrat and Suliman (1990); and Darrat,Suliman, and Bashir (1991).The view that the Islamic economic system is superior to the contemporaryWestern interest-based economic system is not totally unique withMuslim scholars. Western economic thinkers have also shared a similar view.For example, prominent American economists like Henry Simon (1948) and ...
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Zahraa, Mahdi. "Unique Islamic Law Methodology and the Validity of Modern Legal and Social Science Research Methods for Islamic Research." Arab Law Quarterly 18, no. 3 (2003): 215–49. http://dx.doi.org/10.1163/0268055032342758.
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Nurul Istiani and Athoillah Islamy. "Hypnoteaching Hypnoteaching In Islamic Law Learning." Paedagogia: Jurnal Pendidikan 8, no. 2 (February 9, 2020): 1–18. http://dx.doi.org/10.24239/pdg.vol8.iss2.41.
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This study aims to find the implementation of hypnoteaching method in fiqh (Islamic law) learning in Madrasah Tsanawiyah NU Sunan Kalijaga, Adiwerna Tegal, Central Java. This research is a qualitative research, which is a case study. Data sources of this research are interviews and varius literature on hypnoteaching. There are two big conclusions in this research. First, the hypnoteaching method is a learning method that involves cognitive, affective and psychomotor aspects of students through positive suggestions. Second, the application of hypnoteaching fiqh learning in the field works effectively related to the synergy between the principles of hypnoteaching and the existing implementation plan of learning. However, there are still inhibiting factors, namely the minimum number of teachers who have competence in the application of hypnoteaching.
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Umarama, Idrus, Agus Hamzah, Jamaludin Al Ashari, Arie Widyantoro, and Faradina Mar’atus Shofia. "COMPARISON MUT'AH MARRIAGE ACCORDING TO ISLAMIC LAW AND NATIONAL LAW." Jurnal Pembaharuan Hukum 7, no. 3 (December 30, 2020): 262. http://dx.doi.org/10.26532/jph.v7i3.13490.
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Mut'ah marriage or temporary marriage or what is known as contract marriage is a phenomenon that often occurs in Indonesia, this problem must be anticipated because it is detrimental to women and has been forbidden by the Indonesian Ulama Council. The research method used is a normative juridical approach. Normative research or also known as literature law research is legal research carried out by examining library materials or secondary data. The results of the research found stated that Mut’ah marriage is temporary marriage, the Prophet Muhammmad S.A.W has justified the mut’ah marriage for three days and after that the Prophet forbade it forever. Here the Apostle once allowed it at a time which might have taken the form of an emergency as it was permissible to eat carcass meat, if there were no other foods under compulsion.
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Nakissa, Aria. "An Epistemic Shift in Islamic Law." Islamic Law and Society 21, no. 3 (June 27, 2014): 209–51. http://dx.doi.org/10.1163/15685195-00213p02.
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In this article, I combine textual research with ethnographic data collected at al-Azhar and Dār al-ʿUlūm to investigate how the modernization of traditional religious learning has transformed the character of Islamic legal doctrine. I argue that changes in educational techniques have produced a shift in “episteme”. Whereas traditional religious learning was dominated by language-based conceptions of knowledge, modern reforms have reoriented education towards new conceptions modeled on the natural sciences. This transformation has fundamentally altered patterns of legal reasoning, particularly with respect to ijtihād and taqlīd. I use these observations to urge a rethinking of the perspectives on ijtihād and taqlīd that currently structure Western research on Islamic legal history.
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Adygamov, R. K. "Islamic law in modern times." Minbar. Islamic Studies 13, no. 2 (July 5, 2020): 349–62. http://dx.doi.org/10.31162/2618-9569-2020-13-1-349-362.
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This article is devoted to the problem of Islamic law development in modern times. Economic and political backwardness of Muslim countries and especially the fall of the Ottoman Empire exacerbated the crisis of Muslim social thought. It led to searching the ways out of the current situation. Moreover, the revival movement encouraged theologian lawyers to search the ways of formalizing and popularizing Islamic law among Muslims. Within the framework of the problem, we consider the reasons that infl uenced the process of Islamic Law revival, as well as the results of this process. Economic, social and political events in the Islamic world triggered the processes of the education system modernization, led to the revaluation of Islamic Legal Heritage. All these transformations caused the creation of research centres and number of conferences and weeks devoted to the problems of Islamic law came in response to all the changes.
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Ghanem, Isam. "Embryo Research: An Islamic Response." Medicine, Science and the Law 32, no. 1 (January 1992): 14. http://dx.doi.org/10.1177/002580249203200104.
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Suyono, Ahmad Alfurqan. "Character education in the Islamic law." ATTARBIYAH: Journal of Islamic Culture and Education 6, no. 1 (August 15, 2021): 31–46. http://dx.doi.org/10.18326/attarbiyah.v6i1.31-46.
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Education must have a good and robust foundation, because with this foundation, the direction of the implementation of education is not merely a momentary shock or turmoil. The foundation of knowledge is an essential in the process of advancingeducation. The aim of this study is to find out how is the importance of charactereducation from the Islamic point of view. The data were gained through library research or document research. The result shows the importance of character education from Islamic law insight. The basis of education is a fundamental problem because the primary school will determine the style and content of learning. In the meantime, its relation to Islamic teaching, the basis or foundation of Islamic education, is the foundation that forms the basis or principle to stand tall. Therefore, the basis of Islamic culture must be considered comprehensively in revealing through the next educational steps. Al-Qur'an and Hadith are sources of Islamic law and complete knowledge, covering the whole of human life, both the world and the hereafter. Both become an apparent clue for humans and the pace of their lives at all times.
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Bidabad, Bijan. "Individual law: an Islamic Sufi approach." International Journal of Law and Management 60, no. 6 (November 12, 2018): 1338–53. http://dx.doi.org/10.1108/ijlma-06-2017-0135.
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Purpose The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely. Design/methodology/approach Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny and jobs, which are explained through the Islamic Sufism viewpoint. Findings By comparing individual law in Islamic law with the other law schools, transcendence of the former is more clarified. Research limitations/implications Comparative research of the other religions’ gnosticism will develop the paradigm. Practical implications The principles highlighted in this study can be used for applied debates in the field to promote individual law for understanding and recompilation. Social implications Delicateness, truthfulness and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this rich viewpoint. Originality/value Individual law scholars have not touched the topic from this viewpoint. This paper opens new challenging area.
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Yani, Ahmad, Rudi Ahmad Suryadi, and Nurrohman Nurrohman. "STUNNING ON ANIMALS SLAUGHTER ON ISLAMIC LAW PERSPECTIVE." Jurnal Ilmiah Al-Syir'ah 18, no. 1 (June 30, 2020): 77. http://dx.doi.org/10.30984/jis.v18i1.1103.
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The research aimed to analyze the study of Islamic law regarding slaughter and stunning, and provide an assessment of the benefits of the slaughter and slaughter results. The research method is a library study in which the process is by collecting book data and other reading sources. Data sources in the form of fiqh references and ICU fatwas, accompanied by empirical research findings on stunning. The main references are obtained from al-Fiqh al-Islami wa Adillatuhu, al-Haram wa al-Haram, Kasysyaf al-Qina’, and several books of hadith and fiqh. The research found that stunning is permissible by paying attention to temporary fainting animals, does not cause death and permanent injury, aims to facilitate slaughter, and not to torture animals. Slaughter by conventional means is recommended. The benefit is based on the indicator that animals die faster. Opinions of Ulama and ICU Fatwa encourage the slaughter manually without stunning.
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Yakin, Ainul, and Musta’in Syafi’ie. "Euthanasia Active in Perspective of Islamic Inheritance: An Overview of Islamic Law." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 1 (June 30, 2020): 25. http://dx.doi.org/10.22373/sjhk.v4i1.6524.
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Science and technology experience rapid development and progress. This is due to the increasing number of modern discoveries. Among the technological discoveries that are very important are inventions in the field of medicine. With modern medical equipment, a patient's suffering can be alleviated. But in reality, there are still some patients who cannot be avoided from severe suffering. Patients suffering prologed pain bring out compassion from the family. To release his suffering, the family who cannot bear to see his condition asks the doctor to take actions that can shorten the life of the patient, this kind of action in medicine is known as euthanasia. The Purpose of this research to find out how the position of inheritance rights for applicants of active euthanasia in the view of Islamic inheritance. This research uses library research by collecting books and scientific works related to the problem being discussed. The results of this study indicate that active euthanasia carried out by the hospital at the request of the heirs is seen as a barrier to inheritance, because it includes intentional and planned killings. Heirs are also seen as too hasty to get the right of inheritance.
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Harasani, Hamid. "Islamic Law as a Comparable Model in Comparative Legal Research." Global Journal of Comparative Law 3, no. 2 (September 26, 2014): 186–202. http://dx.doi.org/10.1163/2211906x-00302002.
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Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such norms earn their place internally, following hermeneutic justification. Cultural and religious pride, as well as intellectual impartiality, decrees that a legal solution should not be preferable just because it comes from the First World. This paper will therefore formulate a methodology for comparative legal studies where religious law is one of the comparative models and there are potential suggestions of legal transplant.
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Al-Dabbagh, Harith. "Nadirsyah Hosen (ed): Research Handbook in Islamic Law and Society." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 32, no. 4 (June 26, 2019): 1003–12. http://dx.doi.org/10.1007/s11196-019-09629-0.
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Bakry, Kasman, and Edi Gunawan. "The Implementation Of Islamic Law At The Early Spread Of Islam In Indonesian Archipelago." Jurnal Ilmiah Al-Syir'ah 16, no. 2 (December 26, 2018): 113. http://dx.doi.org/10.30984/jis.v16i2.685.
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The study on the gradualityprinciple (tadarruj) of Islamic law in the context of Islamic law legislation in Indonesia has broad issues. The process of Islamization in the archipelago has been taking place gradually, since the advent of Islam in the 7th century AD or the first century of the emergence of Islam in Arab. The legislation efforts of Islamic law in the context of the legal system of a country always raises two sides, they are universal and the particular. Universality and particularity of the Islamic laware motivated by two dimensions, ie the dimensions of divinity (ilāhiyyah) and the human dimension (insāniyyah). This paper is a qualitative research that focuses on discussing regarding the implementation of Islamic law at the early spread of Islamin the Indonesianarchipelago, with the historically normative approach. The conclusion is the graduality principle has been applied in the legislative process in the Islamic law in Indonesia,but it has no formal legal basis in the form of laws regulating the formation of a national law, although it has been implemented in the legislation process of Islamic law. Keywords: Islamic law; Graduality; legislation; Indonesian Archipelago
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Akhtar, Naureen, Atia Madni, and Rais Nouman Ahmed. "Learning of Islamic Law in Contemporary Universities: Case Study of Faculty of Sharīʻah & Law of International Islamic University Islamabad and Islamic Legal Studies Program of Harvard Law School." Responsible Education, Learning and Teaching in Emerging Economies 2, no. 2 (December 31, 2020): 85–89. http://dx.doi.org/10.26710/relate.v2i2.1743.
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Purpose: This research paper aims to study the standing of learning of Islamic Law in contemporary universities. The present study highlights the significance of Islamic Law learning to the legal practitioners (Bar) and legal academicians in general and to the judges (Bench) in particular. This paper endeavors to conduct a case study of learning of Islamic law in contemporary universities in Muslim and Non-Muslim jurisdictions.
Methodology: For the purpose of this research paper, two universities have been selected where departments of Islamic law learning are established, i.e., Faculty of Sharīʻah & Law of International Islamic University, Islamabad and Harvard Islamic Legal Studies Program of Harvard law School. This study explores that how far the above-mentioned institutions in various jurisdictions have been successful in imparting Islamic Law education among their law students. It follows discussion on the relevancy of Islamic law learning and its understanding in the solution of contemporary issues of the modern world.
Findings: This paper finds that Islamic law, being based on divine guidance, is the complete code of conduct and therefore, provides guidelines to discover and find out the solutions of all issues of modern world to Bar, academicians and Bench.
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Firdausia, Salsabila. "HADHANAH IN THE CONCEPT OF COMPILATION OF ISLAMIC LAW AND LAW." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 2 (December 31, 2020): 317–22. http://dx.doi.org/10.19109/nurani.v20i2.4849.
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KHI states that hadanah for a child who is not mumayyiz or not yet 12 (twelve) years old is the right of his mother. The basis of the 12-year law is not found in the Al- Qur'an, hadits and fiqh literature. Therefore, the author conducts research to determine the hadanah in the concept of KHI and Undang-undang. This type of research is yuridis normatif. The source of this research data is secondary data. Based on the results of the study, the hadhanah rights remain with both parents even if the parents are divorced. It is mentioned in the KHI, UU Perkawinan and UU Perlindungan Anak that giving love to a child is an obligation attached to the parents towards the child from the time the child is in the womb until the end of his life.
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Setyawan, Mohammad Yusuf, and Owusu-Ansah David. "Veil (Niqâb) Problematics in Islamic Law Perspective; Religion or Culture? (Islamic Legal Approach)." Al-Mada: Jurnal Agama, Sosial, dan Budaya 4, no. 2 (August 1, 2021): 235–39. http://dx.doi.org/10.31538/almada.v4i2.1317.
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The phenomenon of wearing veil (niqâb) by Muslim women in Indonesia leads to negative perspectives frequently by the majority. Recently, mass media has also highlighted polemics related to the prohibition of wearing the veil in certain institutions and events repeatedly. This study aims to reveal the position of wearing niqab in the perspective of Islamic law, whether it is a part of religious dogma that must be maintained, or is it just a certain community’s culture that is not an obligation for every Muslim. A legal approach in Islamic studies related to the veil phenomenon is needed to reveal the status of wearing a veil. This kind of research is library research using descriptive qualitative research methods. From this study, it was found that the majority of Islamic jurists and sharia experts decided that a woman's face was not included in the genitals. Their decisions rely on Quran and sunnah as the main sources of Islamic law. The scholars are not really questioning the habituation of wearing the veil in Arab society because it was already being a fashion culture of some people there. In order to wear a veil is included in the category of mubah, is not something that is ordered or even prohibited by religion. If a woman's face is not genitals, then under certain conditions, especially when she got pressure, she is expected to show her face. Research related to the law of wearing a veil with other approaches such as theology, phenomenology, culture, etc. will be very helpful in solving the problem of wearing the veil in Indonesia.
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Itmam, Muhammad Shohibul. "Aktualisasi Pemikiran Bustanul Arifin Tentang Politik Hukum Islam di Indonesia." POLITEA 3, no. 2 (November 10, 2020): 139. http://dx.doi.org/10.21043/politea.v3i2.7785.
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<p class="05Abstrak">This paper explains the actualization of Bustanul Arifin thought on the politics of Islamic law in Indonesia which aims to find out first, how the epistemology of Bustanul Arifin thoughts on Indonesian Islamic law and scond, how the actualization of Indonesian Islamic law politics from Bustanul Arifin's perspective. This research is a library research or library research, which is carried out by collecting library data by using a critical social and political approach. The research concludes that first, the epistemology used by Bustanul Arifin is to position the Koran and al-Sunnah as the main sources in Islamic law and the development of legal values in the Koran and al-Sunnah using the Ijmak and Qiyas methods in Islamic law. Second, the actualization of Islamic law politics Bustanul Arifin's thought is to elaborate Islamic law with positive law through the transformation of Islamic law in state legislation and institutions, so that there is a union between Islamic law and State law within the framework of State institutions which he calls the institutionalization of Islamic law. Thus, the step that needs to be developed is to determine an institution that is in accordance with the principles and values of Islamic law in the Indonesian context.</p>
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Aladdin, Agil, and Akhmad Khisni. "Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law." Jurnal Akta 6, no. 3 (September 17, 2019): 531. http://dx.doi.org/10.30659/akta.v6i3.5097.
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This research aims to knowing position adopted child in Islamic Law Compilation with the Book of Civil Law; and Similarities and Differences position adopted children in inheritance of Islamic Law Compilation with the Book of Civil Law; This research method using normative juridical research with comparative approach (comparative). The results were obtained conclusions from Islamic Law Compilation in terms of inheritance, uninterrupted lineage adopted children with biological parents, who turned just the responsibility of the biological parents to the adoptive parents. The adopted child does not become heir of adopted parents. In Gazette No. 129 Of 1917. In Article 5 through Article 15. The position adopted child found in Article 12 to equate a child with a legitimate child of the marriage of the lift. According to the Civil Law for the adopted child the same as for biological children. While in KHI adopted children get as much as 1/3 of the estate left by his adoptive parents (Article 209 KHI) exception has been assigned the consent of all the heirs.Keywords: Heritage; Adopted; Testament.
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Windiastuti, Filka Catur, and Fauzul Hanif Noor Athief. "Inacoin Cryptocurrency Analysis: An Islamic Law Perspective." Journal of Islamic Economic Laws 2, no. 2 (July 1, 2019): 152–77. http://dx.doi.org/10.23917/jisel.v2i2.8585.
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The existence of money makes buying and selling activity easier than the barter system. However, the increasing globalization of the world economy demands speed accelaration, ease and security of financial transactions. The discovery of cryptocurrency provides solution for the current payment system which relies highly on the third party in conducting digital transactions. One of those cryptocurrency products is Inacoin which is originated from Indonesia. Because this cryptocurrency is a contemporary problem that cannot be concluded directly from the classical fiqh book, a thorough investigation is needed to obtain the validity of this money from Islamic perspective. This research is a qualitative research that uses multimethod of normative-empirical Islamic law perspective in discussing the aforementioned problem. This study concluded that the existence of Inacoin cannot be accepted as money since there are Islamic requirements or criteria that are not met. In addition, the use of Inacoin is mostly for trading commodity, not as money. The Inacoin trade is legitimate but unlawful, because Inacoin has fulfilled the pillars and requirements of the Al-Ṣarf, yet contradicted some Islamic principal such as maisir, gharar, and possibility of harming its user
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Purkon, Arip. "POLITICAL PARTIES AND ISLAMIC LAW POSITIVIZATION IN CONTEMPORARY INDONESIAN GOVERNANCE." Humanities & Social Sciences Reviews 9, no. 2 (March 18, 2021): 75–86. http://dx.doi.org/10.18510/hssr.2021.928.
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Purpose of the study: This research aims to analyze the existence of Islamic law formalized into Indonesian law in the Reformation Era from 1999 to 2019 and explore whether it is legally stronger or weaker. Also tries to explore what Islamic law fields are formalized into Indonesian national law.
Methodology: This research is qualitative research that is doctrinal law research with juridical analysis methods. The main source of research data is the law established between 1999-2019. Data is described systematically and objectively, then analyzed using content analysis techniques.
Main Findings: During the Reformation Era 1999-2019, 17 Indonesian national laws contained formal Islamic law. The legal position of Islamic law became stronger in several fields, namely hajj (pilgrimage) and umrah management, management of zakat, implementation of special privileges Aceh Province, endowments (waqf) management, religious courts, state sharia securities, Islamic banking, halal product guarantee, marriage law and the existence of pesantren (Islamic boarding school).
Applications of this study: This study is useful as a model example of a relationship between religion and state. Islamic law can be transformed into state law without changing the state principles. This research also provides a solution to Muslims (they are the majority in Indonesia) that Islamic law can be constituted as national law constitutionally and tolerant of other religious communities.
Novelty/Originality of this study: The object of research is positivization in contemporary Indonesian governance that has been enacted between 1999-2019. In terms of time, this is very representative and updated.
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Ainiyah, Qurrotul. "TA'ARUF LOCALITY: INTEGRATION OF ISLAMIC LAW AND CUSTOMARY LAW OF THE PHENOMENON USING TRIBE GREDOAN IN BANYUWANGI." Al-Qadha 6, no. 1 (June 27, 2019): 1–18. http://dx.doi.org/10.32505/qadha.v6i1.1287.
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This research is a study which used a qualitative approach with the type field research, which is related to the Gredoan tradition as the event of looking for a life partnerin using community located on Macan Putih Village, Kabat district in banyuwangi. In thispaper will explain how is the custom to find a mate in Banyuwangi society that has lastedsince long ago. Gredoan is the relations between customary law and Islamic law whichseeks to integrate between the customary laws with Islamic law in matters of marriage. theContributions of research are: First, there is public space in the form of practice the ta'arufprocess towards marriage in Banyuwangi Using society which known as gredoan custom.Second, that Islamic law turns out to have spaces to accommodate the customs as the jointsof Islamic law. gredoan Tradition as an al-„urf in using community of banyuwangi inta'aruf process towards marriage, it obtains legitimacy by the maqāṣid al-syarīʿah which isbased on the rules is al-âdat al-Muhakkamah.
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Rustam, Suhartina, Muhammad Sabir, and Abdul Rahman Qayyum. "BULIMIA NERVOSA BETWEEN ISLAMIC LAW AND HEALTH PERSPECTIVE." Al-Risalah Jurnal Ilmu Syariah dan Hukum 20, no. 2 (November 15, 2020): 136. http://dx.doi.org/10.24252/al-risalah.v20i2.19970.
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The purpose of this research is to 1) determine the factors that influence the employees of Bank Axa Mandiri Makassar City to carry out Bulimia Nervosa. 2) To formulate the prevention and treatment of bulimia nervosa. 3) To indetify the harm of bulimia nervosa behavior in terms of health and Islamic law aspects. Answering these problems, the author uses the health and syar'i approach. The health approach is used because it refers to the scope of Islamic law. This type of research is qualitative research (field research), then a sociological (community) approach technique by examining the field's facts. This study's results indicate the factors that cause the employees of the Makassar City Axa Mandiri Bank to commit Bulimia nervosa, namely because of the demands of their work and wanting to satisfy their appetite. In terms of health aspects, the harmful behavior of bulimia nervosa can cause various diseases. As for the behavior of bulimia nervosa in terms of Islamic law, it is an act that is prohibited and makes the perpetrator will get a sin. Bulimia nervosa prevention can be done with gratitude, increased self-confidence, being realistic, adjusting eating patterns, and socializing. Several steps can be taken to take action to treat bulimia nervosa with psychologist therapy.
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Jamarudin, Ade, and Ofa Ch Pudin. "APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN." ISLAMIKA 14, no. 1 (July 11, 2020): 1–11. http://dx.doi.org/10.33592/islamika.v14i1.637.
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Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor
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Haq, Islamul, M. Ali Rusdi Bedong, Abdul Syatar, and Muhammad Majdy Amiruddin. "Paraphilia Exhibitionism between Sharia and Law: A Comparative Analysis." Al-'Adl 14, no. 1 (January 27, 2021): 1. http://dx.doi.org/10.31332/aladl.v14i1.1925.
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Paraphilia exhibitionism is a form of sexual disorder and immoral offences. This study aims to compare the status of perpetrators of exhibitionism in positive law and Islamic law. This research is qualitative research that uses literature studies. The results showed similarities between Islamic law and positive law on the classification of exhibitionism as a crime. Islamic law and positive law are also similar in terms of ensnaring perpetrators of exhibitionism as someone who can be held accountable. The criminalization aspect of positive law includes exhibitionism as a complaint deliberation. While in Islamic criminal law categorizes the crime of exhibitionism as ordinary deliberation.
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Ergene, Boğaç A. "Islamic Law in Action: A Historical Discussion." Law & Social Inquiry 38, no. 04 (2013): 1041–57. http://dx.doi.org/10.1111/lsi.12046.
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This review essay engages Kristen Stilt's recent book, Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt (2011), in a fashion that highlights its contributions to the study of Islamic law. In particular, it underlines the methodological arguments made in the book that might help us think about Islamic legal practice in sophisticated and historically grounded ways. As elaborated in the article, these arguments have important implications for modern as well historical settings. Specifically, Stilt's discussion of “Islamic law in action” reveals the inherent flexibility of Islamic legal practice to accommodate political change. The article also discusses how further research on the topic could benefit from specific approaches and orientations.
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Rustum, M. D. Leqaa Abdul Hussein. "Provisions relating to Balasthalh in Islamic law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 214, no. 1 (November 11, 2018): 135–56. http://dx.doi.org/10.36473/ujhss.v214i1.623.
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After my studies for this research showed me the importance of clarifying the meaning of impossibility and its effects on materials that we rely on in our daily lives, whether these substances food or drink, as well as the statement of the jurisdiction of the decomposition of the wine and vinegar whether the analysis to enter the other element or analyze their own, and I thank ALLAH who has facilitated me complete this search and guided me in writing and ask acceptance and payment, and Praise be to Allah, the Lord of the Worlds, and blessings and peace be upon the Prophet Muhammad and his family and him.
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Wilda Permatasari, Gibtha, Yuliati Yuliati, and Herman Suryokumoro. "Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law." Unram Law Review 2, no. 2 (October 20, 2018): 153–65. http://dx.doi.org/10.29303/ulrev.v2i2.47.
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This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.
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AS, Nurfaradillah, Muh Syarif Hasyim, and Sitti Nurkhaerah. "PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 1 (December 6, 2020): 53–65. http://dx.doi.org/10.24239/comparativa.v1i1.4.
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The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.
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Muhazir, Muhazir. "Islamic Law Politics in The Contemporary Era (Revealing The Struggle for The Positivization of Islamic Law in Indonesia)." Al Hurriyah : Jurnal Hukum Islam 6, no. 1 (August 1, 2021): 24. http://dx.doi.org/10.30983/alhurriyah.v6i1.3956.
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<p>This paper will discuss the politics of Islamic law until now, which still leaves debates between pros and cons parties, this debate is based on differences in views between secular Islamic groups and traditionalists, plus global political conditions increasingly influence the direction of Indonesian government legal policies. Library research is the method used in this paper, the legal policy approach and statute approach are used to analyze data found in various literature. The results of this study indicate that the struggle for the positivists of Islamic law in Indonesia is still reaping polemics, these polemics are based on three things; first, differences in understanding of the relationship between religion and state; second, the contemporary Indonesian political system is influenced by western politics; third, liberalism and communism have helped to hinder the positivists process of Islamic law in Indonesia</p><p><br />Tulisan ini akan mendiskusikan tentang politik hukum Islam hingga saat ini yang masih menyisakan perdebatan antara pihak pro dan kontra, perdebatan ini didasari oleh perbedaan pandangan antara kelompok Islam sekuler dan Islam tradisionalis, ditambahkan lagi dengan kondisi politik global semakin mempengaruhi arah kebijakan hukum pemerintah Indonesia. Library research merupakan metode yang digunakan dalam tulisan ini, pendekatan legal policy dan statute approach digunakan untuk menganalisis data yang ditemukan dalam berbagai literatur. Hasil penelitian ini menunjukan bahwa pergulatan positivisasi hukum Islam di Indonesia masih menuai polemik, polemik tersebut didasari oleh tiga hal; pertama, perbedaan pemahaman tentang hubungan antara agama dan negara; kedua, sistem politik indonesia masa kontemporer dipengaruhi oleh politik barat; ketiga, paham liberalisme dan komunisme turut menghambat proses positivisasi hukum Islam di Indonesia <br />Kata Kunci: Politik, Hukum Islam, Positivisasi</p><div><span><br /></span></div>
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Darmalaksana, Wahyudin, Lamlam Pahala, and Endang Soetari. "Kontroversi Hadis sebagai Sumber Hukum Islam." Wawasan: Jurnal Ilmiah Agama dan Sosial Budaya 2, no. 2 (December 31, 2017): 245–58. http://dx.doi.org/10.15575/jw.v2i2.1770.
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The position of hadith as the source of Islamic law has brought about a problematic long debate between the denial and the defender of hadith. The problemes surrounding the hadith's position concerns the hadith in the aḥad category which is contrasted with the mutawtir category. This study aims to analyze the position of hadith as a source of Islamic law. This researcāh uses qualitative research method through literature study by using a content analysis methode to obtain a conclusion. The discussion of this study presents the arguments surrounding hadith as the source of Islamic law among its denials and defenders. The denial of the hadith takes the ijtihād rather than positioning the aḥad hadith as the source of Islamic law. Thus, the defenders of hadith from the experts of hadith still insist on asserting hadith as the source of Islamic law even though it is a category of aḥad by developing a systematic methode of hadith research. This study concludes that the problemes surrounding the position of hadith as a source of Islamic law have given rise to positive dynamics for the development of the methodology of hadith research.
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Attaullah, Qazi, and Lutfullah Saqib. "Arbitration (Taḥkīm) in Islamic and Pakistani Law." ISLAMIC STUDIES 60, no. 1 (March 31, 2021): 73–94. http://dx.doi.org/10.52541/isiri.v60i1.1555.
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This article studies arbitration (taḥkīm) in the Islamic justice system, discussing its various facets such as meaning, history, legal status, components, procedure, effects, powers of the ḥakam, value of the arbitral award, and the subject matter of taḥkīm. The study also examines the application of taḥkīm to family disputes in order to explore how this subject has been dealt with by jurists (fuqahā’). This is then complemented with a review of Pakistani law on arbitration. The article also proposes some amendments to the Pakistani law on arbitration. Content analysis of qualitative research has been utilized for the investigation of the issues. An appendix at the end of the article shows the similarities and differences between Islamic and Pakistani law with reference to arbitration.
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Arsyam, Arsyam, Siti Musyahidah, and Malkan Malkan. "Islamic Law Perspective on Settlement of Inheritance Disputes." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 1 (June 20, 2021): 15–27. http://dx.doi.org/10.24239/ijcils.vol3.iss1.25.
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This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes. The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.
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Wulandari, Erma, Hilal Malarangan, and Ermawati Ermawati. "Pre-Marriage Pregnancy in Islamic Law Compilation." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, no. 2 (December 7, 2020): 18–32. http://dx.doi.org/10.24239/ijcils.vol2.iss2.19.
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The aim of this paper is to discuss pre-marriage pregnancy in Islamic Law Compilation. This study is literature review research with qualitative method. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The results showed that the formulation of article 53 paragraph (1), of the Islamic Law Compilation, a pregnant woman can be married with the man who impregnated her. And article 53 provides a solution for pregnant women who are married to men who impregnate them. While in relation to the status of child, it is considered legal because there has been a legal marriage; however, in the sharia, the status of child is still debated. Regarding the issue of which opinion is used, it can be seen from which opinion is greater for the benefit of society.
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Syahrir, Sulthan. "Islamic Education with National Insight Viewed from Islamic Perspective." Jurnal Ilmiah Peuradeun 6, no. 1 (January 29, 2018): 121. http://dx.doi.org/10.26811/peuradeun.v6i1.192.
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There are three profound principles covered in this research including the Islamic view of national insight, the Islamic view of Islamic education with national insight and the implementation of Islamic education with national insight in the Republic of Indonesia. This research was intended to observe, identify and describe those issues. As the primary data were gathered by analyzing the various related literatures written by the experts of Islamic education as well as constitutional law, this research falls into the category of library research. Descriptive and analytical methods were simultaneously employed in carrying out this research. The former was to provide a general description of the issue to be interpreted, while the latter was to scrutinize the background of the issue. Data were then analyzed using content analysis technique. The finding of the research reveals that the proper model of Islamic education with national insight is the one with multi ethnicity and plurality of religion and culture for the sake of the unified Republic of Indonesia, a prosperous and blessed country.
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Uddin, Md Akther, and Abu Umar Faruq Ahmad. "Conventional futures: derivatives in Islamic law of contract." International Journal of Law and Management 62, no. 4 (May 4, 2020): 315–37. http://dx.doi.org/10.1108/ijlma-10-2017-0242.
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Purpose This paper aims to compare and contrast the concept of conventional futures contract from the Islamic law of contract perspectives. The underlying theory and practice of Islamic finance is based on the principles of Islamic law of contract. Although the necessity of derivative instruments such as the case with futures contract is essential for developments in Islamic finance, the permissibility of using these instruments still remains a debatable issue. Design/methodology/approach The paper discusses arguments for and against using derivative instruments as in futures, for example, in light with the Qur’an and Sunnah (the Prophet’s traditions), as well as the views of classical scholars, jurists and contemporary researchers. Arguments for and against are analysed systematically to derive a logical conclusion. Findings The study finds that majority scholars consider futures contracts as non-compliant with the Islamic law due to the fact that selling something that does not exist, deferment in the both counter values, gharar or ambiguity and excessive risk taking, pure speculation and sale of one debt for another. Research limitations/implications The study focuses narrowly on conventional futures contract. Analysing other financial derivative contracts could be a future research endeavour. Practical implications The study has so far found the verdict of impermissibility of conventional futures contract in its current form as has been argued by majority scholars in the premise that they do not comply with the Islamic law. Policymakers and industry practitioners need to take this opinion of majority scholars while developing new Islamic financial derivatives. Originality/value To the best of the author's knowledge, the present research is the first attempt so far that explained the validity of conventional futures by analysing arguments of classical and contemporary jurists, scholars and researchers.
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Ali, S. S. "The Concept of Jihad in Islamic International Law." Journal of Conflict and Security Law 10, no. 3 (September 7, 2005): 321–43. http://dx.doi.org/10.1093/jcsl/kri017.
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A. Dg. Mataro, Sudirman, M. Taufan B, and Ermawati Ermawati. "Marriage Properties Sharing Based on Islamic Law." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 1 (June 20, 2021): 68–92. http://dx.doi.org/10.24239/ijcils.vol3.iss1.29.
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The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.
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Islamy, Athoillah. "THE PROBLEM OF LIBERALIZING ISLAMIC MARRIAGE LAW IN INDONESIA : The Perspective of Science Philosophy." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 2, no. 1 (June 21, 2020): 53–63. http://dx.doi.org/10.35673/as-hki.v2i1.744.
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The phenomenon of liberalism on Islamic marriage law in Indonesia often creates social problems. Therefore, it is important to understand understanding and wise attitudes towards the phenomenon within the framework of the scientific paradigm. This research aims to understand various forms of liberalism on Islamic marriage law in Indonesia in the perspective of the philosophy of Science. This research is a qualitative research in the form of literature review. The type of legal research in this study is philosophical normative legal research. The research data used is various research on liberalism on the law of Islamic marriage in the Compilation of Islamic Law (KHI). Meanwhile, the theory used as a knife of analysis is the theory of the scientific revolution of Thomas Samuel Kuhn. This study concludes that liberalism on Islamic marriage law in Indonesia is a form of paradigm shift over the construction of legal thinking in various KHI articles that are considered to have experienced anomalies, which are not relevant to social development and do not answer the challenges of modernity, such as issues of gender equality, democracy, human rights Humans, and pluralism. Such conditions have encouraged contemporary Islamic law reviewers in Indonesia to voice a paradigm shift and even a scientific revolution by giving birth to the construction of new Islamic marriage law.
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Syarif, Nurrohman. "Transformation Of Islamic Law Into National Law: Model, Problem And Alternative Solution Of Practicing Sharia In Indonesia." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 407. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2373.
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Abstract In the hands of some Muslims who make religion an ideology, sharia must be realized in real life in society through political instruments that can provide force. However, in their struggle, some of them use only one interpretation and one model, so it is difficult to be compromised. Base on assumption that there is more than one model, this research aims to formulate :1) some models of transformation of Islamic law into national law, 2) the problems 3) alternative concepts of solutions, and 4) the impact of any policy taken by the state. This research is a kind of non-doctrinal qualitative legal research. Data was obtained from the books or literature and it is analyzed to see the correlation between legal substance, legal structure and legal culture. This study concluded that without being Islamic state, there many models that can be used by Indonesian Muslims in transforming or practicing sharia. Keywords: Islamic state, politics, religion, secular state
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Arifin, Syamsul. "KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM." Ijlil 1, no. 2 (February 7, 2021): 196–215. http://dx.doi.org/10.35719/ijl.v1i2.98.
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Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal.
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Gade, Anna M. "Islamic Law and the Environment in Indonesia." Worldviews 19, no. 2 (2015): 161–83. http://dx.doi.org/10.1163/15685357-01902006.
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Based on research in Indonesia in 2010–2013, this essay explains how Muslims expect norms of Islamic law to mobilize religious response to environmental crisis. It surveys attempts since the 1990s to develop “environmental fiqh (Muslim jurisprudence)” in Indonesia, justified in theory by rationales such as that actions causing environmental harm stem ultimately from human moral failing, and also that human aims and activities, including those protected by Islamic law, require a healthy biosphere. Many Indonesians expect Islamic ecological rulings to fill a critical gap in global persuasion, and to be successful when other (non-religious) environmental messages fail. Considering several key fatwas (non-binding legal opinions given in answer to a question) from the local level to the national in Indonesia, this paper explains how law and “outreach” (Ind. dakwah) come together to cast Islamic law of the environment in terms of foundational causes and ultimate effects. These religious norms coexist with and complement other globalized constructions (such as those of the nation-state and NGOs) that they increasingly incorporate.
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Muneeza, Aishath. "Application of law of evidence to Islamic banking with special reference to Malaysia." International Journal of Islamic and Middle Eastern Finance and Management 10, no. 4 (November 13, 2017): 503–18. http://dx.doi.org/10.1108/imefm-02-2016-0025.
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Purpose This research aims to deal with the law of evidence invoked in Islamic banking cases reported in Malaysia from 1983 to 2015 and determine whether the invoked provisions of the statute in the case law have any conflicts with Islamic law that are threatening the development of Islamic banking in Malaysia. Design/methodology/approach The methodology used in this research is assessing the implication by studying the provisions of the law of evidence that has been invoked in the reported case law. Findings It is evident from this research that following are the evident conflicts found in the Evidence Act 1950. In this arena, the following changes are significant for sustaining Islamic banking in Malaysia. Expert opinion under Section 45 of the Evidence Act 1950 should be amended such that in Islamic banking, under this Act, expert opinion can be sought by the court. The rule and exceptions of parol evidence in Sections 91 and 92 of the Evidence Act 1950 need to be amended such that in Islamic banking matters, anything that is contrary to Sharicah is mentioned in the contract; this amendment will be an exception to the parol evidence rule on the grounds that the written Islamic contract can be amended or set aside depending on the circumstances of the case. Originality/value It is anticipated that this research will assist jurisdictions to understand that even adjective laws applicable to Islamic banking will be harmonized with Islamic law. This is because the prefix Islam attached to the term banking is not merely a namesake, but it means more than that, i.e. all aspects of Islamic banking will be consistent with Islamic law.
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Edwar, Ahmad. "Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19, no. 2 (October 5, 2020): 303–18. http://dx.doi.org/10.15408/kordinat.v19i2.18994.
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INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation
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Edwar, Ahmad. "Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19, no. 2 (October 5, 2020): 303–18. http://dx.doi.org/10.15408/kordinat.v19i2.18994.
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INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation
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Rumadaul, Siti Rabiah. "Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status." Musamus Law Review 2, no. 2 (April 30, 2020): 106–17. http://dx.doi.org/10.35724/mularev.v2i2.3029.
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Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.