Log in

Relevant bibliographies by topics / Transfer (Islamic law) / Journal articles

To see the other types of publications on this topic, follow the link: Transfer (Islamic law).

Journal articles on the topic 'Transfer (Islamic law)'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Transfer (Islamic law).'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Yustisia, Fasya, and Catharina Ria Budiningsih. "PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH." Veritas et Justitia 5, no. 2 (2019): 329–51. http://dx.doi.org/10.25123/vej.3616.

Full text

Abstract:

This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done

APA, Harvard, Vancouver, ISO, and other styles

2

Lubis, Ramiah. "LIFE INSURANCE IN POSITIVE LAW AND ISLAMIC LAW IN INDONESIA." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 2 (2020): 307–16. http://dx.doi.org/10.19109/nurani.v20i2.6757.

Full text

Abstract:

Life insurance is an agreement made by an insurance company to its customers that if the customer experiences a risk of death in his life whether in the form of an accident or due to illness, then the insurance company will provide compensation with a certain amount of money in accordance with the premiums paid for being a customer of the insurance company to heirs of the customer. Conventional Insurance and Syariah Insurance are both tasked to manage and cope with risk, it's just that in Syariah Insurance the management concept is carried out using a pattern of mutual risk between managers an

APA, Harvard, Vancouver, ISO, and other styles

3

Jamarudin, Ade, and Ofa Ch Pudin. "APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN." ISLAMIKA 14, no. 1 (2020): 1–11. http://dx.doi.org/10.33592/islamika.v14i1.637.

Full text

Abstract:

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 finan

APA, Harvard, Vancouver, ISO, and other styles

4

Dimyati, Yayat. "Inheritance in the Perspective of Customary Law and the Compilation of Islamic Law." VRISPRAAK : International Journal of Law 9, no. 1 (2025): 58–79. https://doi.org/10.59689/vris.v9i1.1155.

Full text

Abstract:

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the p

APA, Harvard, Vancouver, ISO, and other styles

5

Baihaki, Baihaki, and Gusliana Gusliana. "Comparison of the Legal Position of Substitute Heirs Based on Islamic Inheritance Law and Inheritance Law According to the Civil Code." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 3, no. 1 (2024): 565–74. http://dx.doi.org/10.57235/aurelia.v3i1.1681.

Full text

Abstract:

The purpose of this research is to discuss the comparison of the legal position of substitute heirs based on Islamic inheritance law with the inheritance law according to the Civil Code. The research results show that Islamic Inheritance Law is a law that regulates the transfer of inherited property from heirs to heirs, called inheritance law, which in Islamic law is known by several terms such as: faraidl, Fiqh Mawaris, and others. Inheritance law in the Civil Code is defined in the Civil Code's inheritance law in the Civil Code and is not explicitly stated, but legal experts provide or state

APA, Harvard, Vancouver, ISO, and other styles

6

Bouzenita, Anke Iman. "The Siyar — An Islamic Law Of Nations?" Asian Journal of Social Science 35, no. 1 (2007): 19–46. http://dx.doi.org/10.1163/156853107x170150.

Full text

Abstract:

AbstractThis article deals with an essential part of Islamic law usually referred to as siyar. It discusses the development of siyar in an Islamic context and in comparison to the development of the modern law of nations. It further follows up the evaluation of siyar in the Western literature and analyses recurring paradigms of categorisation used in this literature. The author discusses Kruse's (1979) approach to differentiate between an "Islamic" and a "Muslim" law of nations. As case studies of argumentative weaknesses and loopholes, the author scrutinizes the attempts to attribute siyar to

APA, Harvard, Vancouver, ISO, and other styles

7

Eko Pujianto Hakim, Tehedi, and Nilhakim. "Islamic Law Review Of Wage Payment Practices At PT. Pundi Agro Makmur, Subah District." SOUTHEAST ASIA JOURNAL oF GRADUATE OF ISLAMIC BUSINESS AND ECONOMICS 2, no. 3 (2024): 121–27. http://dx.doi.org/10.37567/sajgibe.v2i3.3137.

Full text

Abstract:

This study discusses wage payment practices at PT. Pundi Agro Makmur, Subah District, focusing on two payment methods: bank transfer and cash payment. This study uses a qualitative approach with field research methods and an empirical sociological approach, collecting data through observation, interviews, and documentation. The results of the study indicate that wage payments via bank transfer are more efficient and there are no deductions, because the company only needs to provide wage recipient data and employee account numbers. In contrast, cash payments require rounding or deductions due t

APA, Harvard, Vancouver, ISO, and other styles

8

Baihaki, Ahmad, Januanto Kawita Chandra Prasetya, Dwi Cahya Nurani, Easter Aprilina Batubara, and Meitsa Ullinuha Assalwa. "Membangun Kesadaran Hukum Masyarakat Terhadap Hukum Hibah, Wasiat, Dan Waris Berdasarkan Kompilasi Hukum Islam." Abdi Bhara 3, no. 1 (2024): 34–42. http://dx.doi.org/10.31599/zb0w5j60.

Full text

Abstract:

Grants, wills, and inheritance are important instruments in Islamic law that govern the transfer of treasure from one individual to another, both during life and after death. The Compilation of Islamic Law in Indonesia provides a specific legal framework to manage these three concepts in accordance with Sharia principles. However, the implementation of grants, wills, and inheritance distribution often becomes a legal problem in the community because the implementation is carried out without proper knowledge based on the provisions of Islamic law or The Compilation of Islamic Law. To prevent mi

APA, Harvard, Vancouver, ISO, and other styles

9

Latif, Faozi, and Asep Sunarko. "PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM." Ahkam: Jurnal Hukum Islam 8, no. 2 (2020): 287–310. http://dx.doi.org/10.21274/ahkam.2020.8.2.287-310.

Full text

Abstract:

Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of

APA, Harvard, Vancouver, ISO, and other styles

10

Fathaniyah, Lidia, Istianah Istianah, Wage Wage, and Encep Saepudin. "Pandangan Hukum Islam Terhadap Ganti Rugi dalam Pengadaan Tanah yang Dipergunakan untuk Kepentingan Umum." Proceedings Series on Social Sciences & Humanities 5 (June 30, 2022): 39–44. http://dx.doi.org/10.30595/pssh.v5i.424.

Full text

Abstract:

This article examines the view of Islamic law on compensation in land acquisition for the public interest. This research was conducted to find out how Islamic law views compensation in land acquisition for the public interest. The method used is literature research method with a normative juridical approach, namely by examining Islamic law related to the theme and examining various literatures that have a relationship with the theme under study. Compensation in land acquisition is an important thing because usually other parties will force their will to continue to carry out land acquisition e

APA, Harvard, Vancouver, ISO, and other styles

11

Muhammad, Ilman Abidin. "Legal Challenges and Framework for Cryptocurrency Inheritance in Indonesia." UAI Journal of Arts, Humanities and Social Sciences (UAIJAHSS) 2, no. 1 (2025): 1–7. https://doi.org/10.5281/zenodo.14598649.

Full text

Abstract:

<em>The rapid advancement of digital technology has introduced new challenges for inheritance law, particularly with regard to digital assets such as cryptocurrencies. In Indonesia, the legal framework has yet to fully address the unique issues posed by the inheritance of digital assets. Although cryptocurrencies are classified as intangible movable property and can be inherited under the Indonesian Civil Code (KUHPerdata), specific regulations are lacking, leaving uncertainties around the transfer of these assets upon death. Moreover, from the perspective of Islamic inheritance law (faraid),

APA, Harvard, Vancouver, ISO, and other styles

12

Muhammad, Ilman Abidin. "Legal Challenges and Framework for Cryptocurrency Inheritance in Indonesia." UAI Journal of Arts, Humanities and Social Sciences (UAIJAHSS) 2, no. 1 (2025): 1–7. https://doi.org/10.5281/zenodo.14697934.

Full text

Abstract:

<em>The rapid advancement of digital technology has introduced new challenges for inheritance law, particularly with regard to digital assets such as cryptocurrencies. In Indonesia, the legal framework has yet to fully address the unique issues posed by the inheritance of digital assets. Although cryptocurrencies are classified as intangible movable property and can be inherited under the Indonesian Civil Code (KUHPerdata), specific regulations are lacking, leaving uncertainties around the transfer of these assets upon death. Moreover, from the perspective of Islamic inheritance law (faraid),

APA, Harvard, Vancouver, ISO, and other styles

13

Rafeapour Tehrani, Hamidreza, Bakhtiar Abbaslou, and Hatam Sadeghi Ziyazi. "Comparative Study of Compensation for Breach of Technology Transfer Contracts in the Legal Systems of Iran, Canada, and France." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 3 (2024): 166–85. https://doi.org/10.61838/csjlp.6.3.11.

Full text

Abstract:

Technology transfer contracts are among the common agreements in the field of industrial property law. Based on these contracts, specific technologies, often of strategic value, are made available by the holder to the transferee in exchange for a specified amount and for a defined period. However, like any other contract, these agreements may be breached. Each legal system may adopt different approaches to compensating for the damages incurred in this regard. This study examines these approaches in the legal systems of Iran, Canada, France, and Islamic jurisprudence. In the Canadian legal syst

APA, Harvard, Vancouver, ISO, and other styles

14

Farid, Muhammad, Ahmad Khisni, and Munsharif Abdul Chalim. "Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law." Sultan Agung Notary Law Review 3, no. 3 (2021): 944. http://dx.doi.org/10.30659/sanlar.3.3.944-962.

Full text

Abstract:

In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a seco

APA, Harvard, Vancouver, ISO, and other styles

15

Miftahuddin, Abdul Hafidz. "METODE PEMBAGIAN WARIS TERHADAP ISTRI KEDUA PERSPEKTIF KOMPILASI HUKUM ISLAM DAN HUKUM PERDATA." Usratuna: Jurnal Hukum Keluarga Islam 3, no. 1 (2019): 1–21. http://dx.doi.org/10.29062/usratuna.v3i1.155.

Full text

Abstract:

Inheritance is a collection of regulations governing the law regarding wealth because of one's death, which is the transfer of wealth left by the dead and the consequences of this transfer for those who obtain it both in their relationship with them, as well as their relationship with third parties. The main purpose of inheritance is either in the Compilation of Islamic Law or civil law is to provide welfare and justice for heirs based on the principles and legal basis of each. The distribution of inheritance to the second wife according to the Compilation of Islamic Law and Civil Law has simi

APA, Harvard, Vancouver, ISO, and other styles

16

Farikhin, Ahmad, and Heni Mulyasari. "Gharar, Fraud and Dispute in Islamic Business Transaction an Islamic Law Perspectives." International Economic and Finance Review 1, no. 2 (2022): 40–53. http://dx.doi.org/10.56897/iefr.v1i2.18.

Full text

Abstract:

Islam adheres to the principle of justice in carrying out muamalah activities, especially in the economic field. Fairness is the main principle and foundation of business relationships between sellers and buyers. Fair means that business activities must be fair and mutually beneficial and do not cause harm to one party, so that the injured party feels aggrieved by the other party. One practice that may harm one party in a business is the practice of gharar. Gharar is an attempt to gain profit illegally way according to Islamic law because it causes the transfer of rights in a false way which h

APA, Harvard, Vancouver, ISO, and other styles

17

Miftahuddin, Abdul Hafidz. "Comparison of Customary Inheritance and the Compilation of Islamic Law: A Study of Inheritance Distribution in Indonesia." VRISPRAAK : International Journal of Law 8, no. 2 (2024): 1–19. https://doi.org/10.59689/vris.v8i2.1158.

Full text

Abstract:

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the p

APA, Harvard, Vancouver, ISO, and other styles

18

Harahap, Rabiyatul Adawiyah, and Yusril Bariki. "PELAKSANAAN DIVERSI PADA SISTEM PERADILAN ANAK PERSPEKTIF KEADILAN RESTORATIF DALAM HUKUM ISLAM." Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam 22, no. 1 (2024): 109. http://dx.doi.org/10.69552/ar-risalah.v22i1.2337.

Full text

Abstract:

Diversion is the transfer of settlement of child cases from the criminal justice process to processes outside the criminal justice. whether the diversion process in Law no. 11 of 2012 concerning the juvenile justice system, has it achieved the goal of restorative justice and how is diversion with a restorative justice approach reviewed into Islamic law. This research method is normative, type of literature research and the research approach is a conceptual approach, normative juridical approach, theory of restorative justice and Islamic law. The results of this study are the concept of diversi

APA, Harvard, Vancouver, ISO, and other styles

19

Ridwan, Arizon, Zulkifli Zulkifli, and Amri Effendi. "PERALIHAN HARTA PUSAKA TINGGI MENURUT HUKUM ADAT DAN HUKUM ISLAM (Studi Kasus di Jorong Nan IX Nagari Salimpaung)." JISRAH: Jurnal Integrasi Ilmu Syariah 3, no. 2 (2022): 227. http://dx.doi.org/10.31958/jisrah.v3i2.4946.

Full text

Abstract:

This study examines the transfer of high inheritance according to customary law and Islamic law in Jorong Nan IX Nagari Salimpaung. Using a qualitative approach, this study found that the factors that caused the transfer of high inheritance in Jorong Nan IX Nagari Salimpaung were members of the clan who wanted to build a house on high inheritance; there is one people whose descendants are almost extinct; clan members fight over high heirlooms; Members of the clan do not want to rotate the high inheritance until problems arise, even to the point of being physically involved in fighting over it.

APA, Harvard, Vancouver, ISO, and other styles

20

Welas, Ninuk Tri. "Comparative Study of Development between Islamic Inheritance Law According to Compilation of Islamic Law (KHI) & Faroid Science." Sultan Agung Notary Law Review 3, no. 1 (2021): 164. http://dx.doi.org/10.30659/sanlar.3.1.164-180.

Full text

Abstract:

The background of this research explains that the Islamic Inheritance Law regulates the matters of inheritance (inheritance) left by the deceased, namely regulating the transfer of inheritance from the deceased (heir) to the living (heir). This study uses an empirical juridical approach, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. This research in: (1) Forms of inheritance law that have not been contained in conventional fiqh (fiqh almawarits), but they have been contained

APA, Harvard, Vancouver, ISO, and other styles

21

Lestari, Dian. "Evolusi Hukum Waris dalam Perspektif Islam: Dari Masa Jahiliah Hingga Konsep Kewarisan Bilateral Hazairin." al-Battar: Jurnal Pamungkas Hukum 1, no. 3 (2024): 176–91. https://doi.org/10.63142/gyzw3n30.

Full text

Abstract:

The Qur'an provides clear guidance on the matter of inheritance, as set forth in the Surah An-Nisa. The transfer of property from the deceased to the living in Islamic inheritance law is comprised of three elements: the heir, the inheritance, and the heirs. The scope of this research concerns the problem of the management and settlement of an estate, including the continuation of the rights and obligations of the deceased to the heirs left behind. This research will examine the development of inheritance arrangements in Islamic law. It will also examine the determination of Qath'i Ta'abbudi In

APA, Harvard, Vancouver, ISO, and other styles

22

Kumara, Anis Rizki, Muh Kurniawan BW, and Fajri Kurnia Pradana. "ANALISIS HUKUM ISLAM DAN HUKUM ADAT DALAM PEMBAGIAN WARISAN DI KELURAHAN JETIS KABUPATEN SUKOHARJO." Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam 22, no. 2 (2024): 75. https://doi.org/10.69552/ar-risalah.v22i2.2641.

Full text

Abstract:

Islamic law also regulates the right to transfer ownership of a person after death to his heirs from all relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. This research aims to analyze the application of Islamic law and customary law in the distribution of inheritance in Jetis Village, Sukoharjo Regency. This research uses a qualitative method with an analytical descriptive approach to explore the understanding and practices of the community in managing the division of inheritance. Data were colle

APA, Harvard, Vancouver, ISO, and other styles

23

Gusasih, Khorisima, and Burhanudin Harahap. "Inheritance Sharing Model that Can Be Done Not as the Provision in Al-Quran." International Journal of Multicultural and Multireligious Understanding 5, no. 3 (2018): 280. http://dx.doi.org/10.18415/ijmmu.v5i3.386.

Full text

Abstract:

This article aimed to seek an understanding that inheritance in Islamic inheritance law regulated in Al-Quran can be subordinated. The nature of Islamic inheritance law is ijbari. It is defined as the property transfer from the deceased person to his/her inheritor that is applied automatically according to Allah and His prophet’ provision without depends on the will of the testator/testatrix or the inheritor. In Indonesia, inheritance is regulated in article 183 of Compilation of Islamic Law (KHI). This study employed a normative approach. Inheritance distribution that is not in accordance wit

APA, Harvard, Vancouver, ISO, and other styles

24

Idris, Ibrahim. "Return to the Gift in Sudanese Law and Islamic Jurisprudence." International Journal of Law Research and Studies 3, no. 4 (2024): 32–65. http://dx.doi.org/10.59992/ijlrs.2024.v3n4p2.

Full text

Abstract:

The gift (Hibah) contract is one of the contracts that transfers ownership, but it differs from the sale contract as a contract transferring ownership in that it does not complete or transfer ownership from the Donor to the Donee except after the Donee takes possession of the gifted thing. Disagreement has arisen among Islamic Sharia jurists over the possibility of the donor to take back his gift, whether before or after receipt. The study addressed the topic of revocation of the gift (Hibah) in Sudanese law and in the four schools of jurisprudence (Hanafi, Maliki, Shafi’i, and Hanbali). Among

APA, Harvard, Vancouver, ISO, and other styles

25

Nazwari, Fadia, Madnasir Madnasir, and Suhendar Suhendar. "The Influence of Tax Minimization, Debt Covenant, and Exchange Rate on Transfer Pricing in an Islamic Economic Perspective: Study on Transportation and Logistics Companies Listed on the Indonesia Stock Exchange 2021-2023." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 12, no. 1 (2025): 241. https://doi.org/10.29300/mzn.v12i1.7350.

Full text

Abstract:

This study examines the influence of tax minimization, debt covenants, and exchange rates on transfer pricing practices among transportation and logistics companies listed on the Indonesia Stock Exchange from 2021 to 2023. Adopting a quantitative approach, the research employs secondary panel data collected from corporate financial reports and the official IDX database. A purposive sampling method was used to select 14 firms, resulting in 42 firm-year observations. Data analysis was conducted using multiple linear regression with MS Excel and IBM SPSS 30. The results show that, individually, t

APA, Harvard, Vancouver, ISO, and other styles

26

Dango, Novita. "Protection of Heirs' Rights in the Transfer of Inheritance without Agreement." Estudiante Law Journal 7, no. 1 (2025): 178–92. https://doi.org/10.33756/eslaj.v7i1.30633.

Full text

Abstract:

This study aims to analyze the protection of heirs' rights in the transfer of inheritance that occurs without mutual agreement. Ambiguity in the division of inheritance often leads to disputes and conflicts among heirs, which can potentially damage family relationships. The methodology used in this study is a qualitative approach with a juridical analysis of civil law and religious law regulations, particularly Islamic inheritance law (fiqh waris), as well as various dispute resolution mechanisms accessible to heirs. In this context, Indonesian civil law provides guidelines for inheritance div

APA, Harvard, Vancouver, ISO, and other styles

27

Dasrianto, Vito, Elva Mahmudi, and Arminsyah Arminsyah. "Alih Fungsi Harta Benda Wakaf Dalam Perspektif Hukum Islam Dan Undang-Undang Perwakafan Di Indonesia." Jurnal Ilmiah Al-Hadi 9, no. 1 (2023): 1. http://dx.doi.org/10.54248/alhadi.v9i1.4800.

Full text

Abstract:

This objective discusses the transfer of functions of waqf assets in the perspective of Islamic law and waqf law in Indonesia. In the fiqh literature, there is a difference of opinion among scholars regarding the prohibition of selling or converting waqf assets. Some scholars interpret this prohibition literally, thus arguing that waqf assets, such as mosques and mosque equipment, may not be sold or exchanged, even if they are no longer usable. However, there are scholars who understand that the prohibition only applies to waqf that can still be utilised, while old waqf that is no longer usefu

APA, Harvard, Vancouver, ISO, and other styles

28

Suryawan, I. Nengah Pasek, and Rineke Sara. "Legal certainty regarding pluralism of inheritance law in Indonesia in the transfer of inheritance rights in Indonesia." Indonesian Journal of Multidisciplinary Science 4, no. 3 (2024): 145–54. https://doi.org/10.55324/ijoms.v4i3.1041.

Full text

Abstract:

In Indonesia, the inheritance law system is divided into civil, Islamic, and customary law. In the context of inheritance rights transfer, the diversity of legal systems that include civil inheritance law, Islamic law, and inheritance law creates its own challenges that can trigger conflicts among heirs. This article discusses the legal certainty of pluralism in inheritance law in Indonesia from these three aspects, as well as the procedures for transferring rights to inheritance in accordance with the applicable legal system. The article aims to provide a comprehensive understanding of the co

APA, Harvard, Vancouver, ISO, and other styles

29

Resya Eka Putri, Chadiza Azzahra Lubis, Alexa Ayu Dewanda, Hanestesia Zahara, and Wismanto Wismanto. "Hawaalah dalam Fiqih Muamalah: Dasar Hukum dan Prinsip Syariah." Ikhlas : Jurnal Ilmiah Pendidikan Islam 2, no. 1 (2024): 85–97. https://doi.org/10.61132/ikhlas.v2i1.273.

Full text

Abstract:

Hawalah is the concept of debt transfer in Islamic law which is increasingly relevant in the digital era through the application of technology in the financial sector, such as fintech platforms. This research aims to explore the understanding of hawalah, including its sharia principles, as well as its benefits and risks in the context of modern finance. This research uses a qualitative descriptive method through literature studies that examine classical Islamic legal texts as well as books and journals related to sharia economic law. The research results show that hawalah allows debt transfer

APA, Harvard, Vancouver, ISO, and other styles

30

Najafi, Ali Akbar, Ali Alebouyeh, and Hasan Moradi. "A Comparative Study on the Nature of Registration and Means of Transferring Ownership of Immovable Property in Islamic Jurisprudence, Iranian Law, and U.S. Law." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 2 (2024): 1–27. http://dx.doi.org/10.61838/csjlp.6.2.1.

Full text

Abstract:

In accordance with the recognition of international charters and most modern constitutions, the right to ownership and its transfer can be defined as one of the natural and fundamental human rights, granting citizens the right to own and dispose of property, as well as to transfer it, without conflict between their individual right to own property on one hand and the state's right to acquire ownership on the other. This issue gradually sets the groundwork for the transfer of ownership of immovable property. Therefore, the present article, employing a descriptive-analytical research method and

APA, Harvard, Vancouver, ISO, and other styles

31

Muhammad Al Mansur, Shally Fiqih Alvani, and Nova Arianti. "Hukum Waris Dan Pembagian Waris Di Indonesia." Al Fuadiy : Jurnal Hukum Keluarga Islam 5, no. 2 (2023): 01–10. http://dx.doi.org/10.55606/af.v5i2.569.

Full text

Abstract:

Islamic Sharia establishes inheritance rules in a very regular and fair form. It stipulates the right to property ownership for every human being, both men and women, in a legal manner. Islamic Sharia also stipulates the right to transfer ownership of a person after death to his heirs from all his relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. Inheritance according to Civil Law is inheritance law in the form of a set of legal provisions that regulate legal consequences. Traditional inheritance

APA, Harvard, Vancouver, ISO, and other styles

32

Shally Fiqih Alvani, Muhammad Al Mansur, and Nova Arianti. "Hukum Waris Dan Pembagian Waris Di Indonesia." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 1, no. 4 (2023): 136–45. http://dx.doi.org/10.59059/mandub.v1i4.602.

Full text

Abstract:

Islamic Sharia establishes inheritance rules in a very regular and fair form. It stipulates the right to property ownership for every human being, both men and women, in a legal manner. Islamic Sharia also stipulates the right to transfer ownership of a person after death to his heirs from all his relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. Inheritance according to Civil Law is inheritance law in the form of a set of legal provisions that regulate legal consequences. Traditional inheritance

APA, Harvard, Vancouver, ISO, and other styles

33

Haniru, Rahmat. "Hukum Waris di Indonesia Perspektif Hukum Islam dan Hukum Adat." AL-HUKAMA 4, no. 2 (2023): 456–74. https://doi.org/10.15642/al-hukama.2014.4.2.456-474.

Full text

Abstract:

This article explains the interrelation between Islamic inheritance law and Indonesian customary inheritance law. Islamic inheritance law is a set of rules that regulates the transfer of property from a deceased to the rightful heirs. It means that the law determines who the heirs are and who are not. It also determine the potion or percentage of each heir of the property. Similarly, customary inheritance law regulates the transfer of property and other property-related rights. The comparison between the two laws results in several similar features despite their differences. In customary inher

APA, Harvard, Vancouver, ISO, and other styles

34

Maghfirah, Maghfirah. "Marriage with the Transfer of a Nasab Guardian to Teungku Dayah According to Islamic Law." El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law 3, no. 2 (2023): 173–89. http://dx.doi.org/10.22373/hadhanah.v3i2.1698.

Full text

Abstract:

This research was motivated by a case in the Ingin Jaya District, Aceh Besar Regency, where there was a marriage with the transfer of the nasab guardian to Teungku Dayah in accordance with Islamic law. A wakalah or transition contract is essentially a contract used by someone if the guardian of the nasab marriage needs someone else to do something that he cannot do himself and asks someone else to do it with the consent of both parties. Therefore, the researcher is interested in researching what factors led to the transfer of marriage guardianship from the nasab guardian to Teungku Dayah and w

APA, Harvard, Vancouver, ISO, and other styles

35

Ayanah, Mirdina, Zul Mulki, Abd Rahman R, and Kurniati Kurniati. "Manfaat dan Mafsadat Teknologi Komunikasi terhadap Perkawinan menurut Hukum Islam." Palita: Journal of Social Religion Research 8, no. 2 (2023): 171–84. http://dx.doi.org/10.24256/pal.v8i2.3451.

Full text

Abstract:

The purpose of this research is to find out the benefits and meanings of communication technology for marriage according to Islamic law. The research method uses normative juridical research, namely library law research which is carried out by studying library materials or secondary data. The results of this study note that the benefits of communication technology for marriage according to Islamic law are (a) as a means to establish human relations, both friendly relations between relatives, relations with fellow friends, or work relations, (b) as a means of communication that can be used to i

APA, Harvard, Vancouver, ISO, and other styles

36

Khan, Muhammad Akram. "Commodity Exchange and Stock Exchange in Islamic Economy." American Journal of Islam and Society 5, no. 1 (1988): 91–114. http://dx.doi.org/10.35632/ajis.v5i1.2882.

Full text

Abstract:

IntroductionThe main objective of this paper is to review contemporary practicesin commodity, currency and corporate stock trading in the light of Islamiceconomic framework and to suggest bare outlines of the Islamic alternativesin these areas. Trade in commodities, currencies and stocks involves forwardand htures contracts. Arbitrage, hedging and speculation are also essentialelements of these markets. We shall try to examine these practices to determinetheir compatibility with the Islamic law. We shall also try to find out theexact point where they deviate from the Islamic framework and sugg

APA, Harvard, Vancouver, ISO, and other styles

37

Zubair, Asni, Hamzah Latif, and Al Furqon Dono Hariyanto. "The Construction of Inheritance Law Reform in Indonesia: Questioning the Transfer of Properties through Wasiat Wājibah to Non-Muslim Heirs." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (2022): 176. http://dx.doi.org/10.22373/sjhk.v6i1.12628.

Full text

Abstract:

This article examines the construction of inheritance law reform in the transfer of properties through wasiat wājibah to non-Muslim heirs. Questioning the jurisprudence of the Supreme Court which makes wasiat wājibah as an alternative in giving inheritance rights to heirs who are prevented from getting an inheritance due to religious differences (non-Muslims). This study is an empirical legal study that examines the decisions of the Supreme Court relating to the transfer of inheritance to non-Muslims. The study concludes that in terms of inheritance law reform is an alternative in changing Isl

APA, Harvard, Vancouver, ISO, and other styles

38

Andikatama, Achmad Zulfa, Islamiyati, and Muhyidin. "Legal Issue of Cash WAQF Institution in Indonesia and the Legal Solution." Science of Law 2024, no. 3 (2024): 8–12. http://dx.doi.org/10.55284/sol.v2024i3.140.

Full text

Abstract:

The community's money waqf practice does not align with the law's mandate, as it does not transfer funds to Islamic Financial Institutions, also known as Cash Waqf Recipients. The study focuses on the institutional issue of money waqf law in Indonesia and its potential legal remedies. The type of field research and the approach are empirical and juridical. The results showed that the institutional problem of cash waqf law, namely the performance of Islamic Financial Institution Waqf Recipients and Indonesian Waqf Institutions, has not been optimal. In reality, the majority of people do not hav

APA, Harvard, Vancouver, ISO, and other styles

39

Gilat, Israel Zvi, and Amal Mohammad Jabareen. "THE EFFECT OF MILITARY CONQUEST ON PRIVATE OWNERSHIP IN JEWISH AND ISLAMIC LAW." Journal of Law and Religion 31, no. 2 (2016): 227–60. http://dx.doi.org/10.1017/jlr.2016.22.

Full text

Abstract:

AbstractThis article presents the legal outlooks of two fundamental religious judicial systems—the halakha of Judaism and the shari'a of Islam—on the effect of war on private ownership. Specifically, we address the situation in which the conquered inhabitants are Jews or Muslims and halakha or shari'a are the legal systems of their religions, respectively, but the conqueror is a nonbeliever or secular sovereign. Such situations evoke the following questions: To what extent the transfer of ownership by the conquering sovereign is recognized by the religious laws of the conquered population? May

APA, Harvard, Vancouver, ISO, and other styles

40

Muhibbin, Mohammad. "The Concept Of Land Ownership In The Perspective Of Islamic Law." Al-Risalah 17, no. 01 (2018): 61. http://dx.doi.org/10.30631/al-risalah.v17i01.25.

Full text

Abstract:

Everything in the earth belongs to Allah. Human are given an authority by Allah as kholifah to prosper the earth as the human’s responsibility to Allah. Whoever have/authorize a land considered having a mandate from Allah should comprehend the intended law established by Allah so that what the human do as a kholifah toward the authority and ownership of land in their territorial as the essence of transfer from Allah in order to manage, watch, distribute, and guide the use of land in accordance with Allah’ aim to create the earth for the sake of human’s prosperity and of public goodness (al-mas

APA, Harvard, Vancouver, ISO, and other styles

41

Muhibbin, Mohammad. "The Concept Of Land Ownership In The Perspective Of Islamic Law." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 17, no. 01 (2018): 61–74. http://dx.doi.org/10.30631/alrisalah.v17i01.25.

Full text

Abstract:

Everything in the earth belongs to Allah. Human are given an authority by Allah as kholifah to prosper the earth as the human’s responsibility to Allah. Whoever have/authorize a land considered having a mandate from Allah should comprehend the intended law established by Allah so that what the human do as a kholifah toward the authority and ownership of land in their territorial as the essence of transfer from Allah in order to manage, watch, distribute, and guide the use of land in accordance with Allah’ aim to create the earth for the sake of human’s prosperity and of public goodness (al-mas

APA, Harvard, Vancouver, ISO, and other styles

42

Harahap, Herlina Hanum, Indra Fauzi, and Supian Supian. "DIFFERENCES IN THE DISTRIBUTION OF INHERITANCE ISLAMIC LAW AND BATAK LECTURES." JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana 5, no. 1 (2023): 859. http://dx.doi.org/10.46930/jurnalrectum.v5i1.2809.

Full text

Abstract:

Customary inheritance is the process by which tangible and intangible property is inherited and passed on from generation to generation. The customary law of inheritance contains provisions on the transfer of property and intangible property from generation to generation to their descendants. An heir is a person who dies, whether male or female, leaving behind a portion of the property acquired and the rights and obligations that must be exercised during his lifetime, whether by will or not. The legal basis for the crown prince to bequeath part of the crown prince's property according to BW in

APA, Harvard, Vancouver, ISO, and other styles

43

Uyuni, Badrah, and Mohammad Adnan. "CONCEPTS AND DIFFERENCES OF DZAWIL FURUDH AND DZAWIL ARHAM IN ISLAMIC INHERITANCE." El-Arbah: Jurnal Ekonomi, Bisnis Dan Perbankan Syariah 7, no. 1 (2023): 45–66. http://dx.doi.org/10.34005/elarbah.v7i1.2479.

Full text

Abstract:

The inheritance system is one of the causes or reasons for the transfer of ownership, namely the transfer of property and material rights from the inheriting party, after the death of the person concerned to the recipient of the inheritance by way of replacement based on shara' law. In the rules of inheritance, heirs like blood are divided into three groups, namely: dzawil furudh, ashobah and dzawil arham. In this article we discuss the concept and differences between dzawil furudh and dzawil arham. By using library research as a source of data.

APA, Harvard, Vancouver, ISO, and other styles

44

Amaliyah, Ilmy, Andi Sukmawati Assaad, and Helmi Kamal. "KEADILAN DALAM HUKUM WARIS TINJAUAN MASLAHAH MURSALAH." MADDIKA : Journal of Islamic Family Law 4, no. 2 (2023): 27–37. http://dx.doi.org/10.24256/maddika.v4i2.4868.

Full text

Abstract:

This article aims to examine the fairness of inheritance law, reviewing maslahah mursalah. Through searching primary and secondary sources, this article finds that inheritance means the transfer of something from one person to another, better known as the transfer of various rights and obligations regarding the assets of someone who has died to another person who is still alive. Men and women have equally strong rights in obtaining inheritance from their parents and their siblings. Therefore the 2:1 division between men and women is fair both from the perspective of inheritance law itself and

APA, Harvard, Vancouver, ISO, and other styles

45

Roisul Adib and Sadam husin. "ANALISIS PRAKTEK JUAL BELI BARANG SITAAN DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus di Pondok Pesantren Raudhatul Ulum 1 Ganjaran Gondanglegi Malang)." MAQASHID Jurnal Hukum Islam 6, no. 1 (2023): 59–66. http://dx.doi.org/10.35897/maqashid.v6i1.914.

Full text

Abstract:

Buying and selling is one of the economic systems that can be carried out by humans to get the desired property or goods without having to harm one of the parties involved in buying and selling, namely the trader and the buyer whoever it is. However, there are cases of buying and selling carried out at Islamic boarding schools, where goods in the form of cell phones confiscated by the boarding school security council are then traded at prices that are affordable but not cheap. In this case there was a transfer of ownership from the santri to the Islamic boarding school. So that the rules of bu

APA, Harvard, Vancouver, ISO, and other styles

46

Fawzi, Ramdan, Encep Abdul Rojak, Ilham Mujahid, and Mualimin Mochammad Sahid. "Legal Discovery Method for Non-Muslim Heirs as Recipients of Wasiat Wajibah." Jurnal Hukum Islam 22, no. 1 (2024): 163–90. http://dx.doi.org/10.28918/jhi.v22i1_6.

Full text

Abstract:

The Islamic inheritance system has not fully accommodated the problem of inheritance distribution in the reality of society, especially the rights of non-Muslim heirs. Therefore, in several of its decisions, the Supreme Court of the Republic of Indonesia grants rights to non-Muslim heirs through wasiat wajibah. This study discusses wasiat wajibah in Islamic Law and Positive Law and the method of finding law used by Supreme Court judges in rulings on non-Muslim heirs. The research method uses normative juridical with a legislative, conceptual and case approach. The results of the study show tha

APA, Harvard, Vancouver, ISO, and other styles

47

Adi Purwanto, Thesa, and . "Comparison of Amendments to the Value Added Tax Law between Indonesia and Malaysia to Regulate Murabaha Transactions." International Journal of Engineering & Technology 7, no. 3.25 (2018): 114. http://dx.doi.org/10.14419/ijet.v7i3.25.17479.

Full text

Abstract:

Islamic banking in their activity base on Islamic principles that is agreement regulation on Islamic Law between Bank and others to saving and or financing an activity or business which suit Islamic role. There are several forms of financing, such as financing on sharing profit principle (mudharabah), financing on participation principle (musyarakah), transaction goods principle which get profit (murabaha), financing capital goods on rent principle without choice (ijarah), or with transfer authority over the rent goods from bank to others (ijarah wa iqtina). Furthermore, development of Islamic

APA, Harvard, Vancouver, ISO, and other styles

48

Kurnia Putra, Nanda, Idad Difaul Haq, Rizka Rizka, and Muthoifin. "GOLD SAVINGS AT PAWNSHOPS IN THE PERSPECTIVE OF ISLAMIC LAW." Profetika: Jurnal Studi Islam 25, no. 01 (2024): 143–52. http://dx.doi.org/10.23917/profetika.v25i01.6642.

Full text

Abstract:

Saving assets in the form of gold is a form of safeguarding the value of the property from inflation. Pawnshops has service products in the form of gold savings in the form of gold balance deposit services that make it easier for people to invest in gold. Pawnshops's gold savings product allows customers to invest in gold easily, cheaply, safely, and reliably. Gold transactions use an ijarah contract with buyback, add balance (top up), transfer, and print facilities. The purpose of the research conducted by the authors in this journal is to find out how the scholars view Pawnshops Gold Savings

APA, Harvard, Vancouver, ISO, and other styles

49

Günther, Ursula, Martin Herzog, and Stephanie Müssig. "ResearchingMahrin Germany: A Multidisciplinary Approach." Review of Middle East Studies 49, no. 1 (2015): 23–37. http://dx.doi.org/10.1017/rms.2015.64.

Full text

Abstract:

AbstractThis article considers the legal institution ofmahrin Islamic family law from three research perspectives in order to provide insights into the phenomenon's complexity, particularly with regard to current legal practices. In particular, emphasis is placed both on countries where family law is shaped by Islamic traditions (e.g., Morocco) and on countries whose legal traditions do not have a mahr counterpart (e.g., Germany). First, the social and economic function of dower will be described. As a special form of property transfer, mahr will be analyzed in its historical and present shape

APA, Harvard, Vancouver, ISO, and other styles

50

Devinia Yuri Safira, Inda Rachmawati, and Imeylda Nabiila T. "KONSTRUKSI HUKUM WARIS DALAM HAL MENGALIHKAN HARTA KEKAYAAN MELALUI WASIAT WAJIBAH." JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 1, no. 4 (2022): 196–205. http://dx.doi.org/10.55606/jhpis.v1i4.928.

Full text

Abstract:

This journal writing was conducted to discuss the topic of Islamic Inheritance Law, especially in terms of transferring assets through a mandatory will. This study uses normative juridical and empirical juridical methods with data in the form of secondary data. This research has the result that KHI (Compilation of Islamic Law), as a rational formulation of Islamic Inheritance Law, has practically explained the rules of Obligatory wills. Obligatory wills in KHI are an alternative in giving inheritance to adopted children. Then in the development of inheritance law in court institutions, in this

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!