Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam最新文献_第4页

Clearing Mechanism in Sharia Banking According to Al-Ghozali and Muhammad Nejatullah Siddiqi Thoughts 根据Al-Ghozali和Muhammad Nejatullah Siddiqi的思想，伊斯兰银行的清算机制

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2021-06-10 DOI: 10.25217/jm.v6i1.1364

Bustanul Arifin

{"title":"Clearing Mechanism in Sharia Banking According to Al-Ghozali and Muhammad Nejatullah Siddiqi Thoughts","authors":"Bustanul Arifin","doi":"10.25217/jm.v6i1.1364","DOIUrl":"https://doi.org/10.25217/jm.v6i1.1364","url":null,"abstract":"This research intended to look at the clearing mechanism in the viewpoint of classical and contemporary Islamic thought that in Islamic law the clearing is identical to term “wakalah” (granting power of attorney) because in wakalah, the customer authorized the bank to represent himself to perform certain service work with various mechanisms stated in the Regulation of Bank Indonesia. An important issue in this paper contained philosophical aspects of the clearing application in sharia banking. This research was reviewed by qualitative method with library research with philosophical approach. The results obtained as follows: The thoughts of Al-Ghozali and Muhammad Najetullah As-Shiddiqy were said to be relevant to the clearing mechanisms in sharia banking today. With the maslahah (welfare) concept of Al-Ghozali, which was the core of some of the five basic objectives (religion, life, response/reason, descendants and property). The concept of maslahah (welfare) for the community welfare, the clearing mechanism used in conventional banks can be used in Sharia banking by having wakalah agreement. While the neoclassical approach (a combination of the new model and the classic model), Muhammad Najetulloh As-Shiddiqy, in which although there was a new method, he still used the old method without erasing all the results of the analysis of the previous figures. Therefore, this approach can also be said to be relevant to the clearing mechanism in sharia banking.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122366929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Benefit Principles of Istibdāl on Wakaf Objects Istibdāl对Wakaf对象的利益原则

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2021-06-10 DOI: 10.25217/jm.v6i1.1246

Moh. Mujibur Rohman

{"title":"The Benefit Principles of Istibdāl on Wakaf Objects","authors":"Moh. Mujibur Rohman","doi":"10.25217/jm.v6i1.1246","DOIUrl":"https://doi.org/10.25217/jm.v6i1.1246","url":null,"abstract":"The concept of waqf in fiqh is Islamic philanthropy in the form of amal Jariyah which requires the eternal characteristics of the object given. However, with the development of the era of waqf objects, it will be reduced mainly in property waqf. So that in order to keep the waqf objects productive, istibdāl is carried out in order to remain productive on the basis of mashlahah. To find the mashlahah principles in istibdāl, the author conducted a research of the boundaries of the mashlahah by al-Būthi. This research would not be far from the formulation of the problem that the author intended to find the answer; 1) what is the concept of istibdāl in fiqh and Indonesian representation? 2) What is the procedure for istibdāl waqf in the context of Indonesian waqf fiqh?; 3) How is the construction of mashlahah principles in istibdāl waqf practice based on dhawābithal-mashlahah al-Būthi? The research conducted was a normative research (doctrina), where the data used were secondary sources (not in the field) in the form of books of fiqh and legislation. From the data obtained, the authors conducted a descriptive analysis. The results showed that the permissibility of istibdāl waqf based on the mashlahah principle that must be fulfilled, that is, it must be in a state of dharurah, for urgent religious purposes, for the general public, there is an inadequacy, through the agreement of wāqif and nazhir, replaced at least with the same, the object of waqf is examined with involving figures and several elements of society as well as following the provisions of the Shari'ah and applicable laws. \u0000 ","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115060207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Development of Family Law Materials in Bahtsul Masail Nadhlatul Ulama 《巴苏勒·马塞勒·纳德拉图·乌拉玛》家庭法教材的开发

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-31 DOI: 10.25217/jm.v5i2.1162

A. Setiawan, Ibnu Akbar Maliki

{"title":"The Development of Family Law Materials in Bahtsul Masail Nadhlatul Ulama","authors":"A. Setiawan, Ibnu Akbar Maliki","doi":"10.25217/jm.v5i2.1162","DOIUrl":"https://doi.org/10.25217/jm.v5i2.1162","url":null,"abstract":" \u0000 \u0000 \u0000Family law has a very important position in Islam. Its position as the core of sharia is related to the assumption that family law is a gateway to understanding more about Islam. The reform of Islamic family law in Indonesia has gone through a long and long process. In the process of its formation, the material for family law in Indonesia was taken from various sources, such as fiqh books, fatwas, and other sources of Islamic law. Nahdatul Ulama (NU) is one of the Islamic organizations in Indonesia that has contributed to the development of Islamic family law material. One of NU's real contributions in enriching material on Islamic family law in Indonesia is through the Lajnah Bahtsul Masail (LBM) forum. This paper will discuss the development of family law materials through the Lajnah Bahtsul Masail forum. This paper is the result of qualitative research. Sources of data in this study consisted of primary and secondary data. Analysis of the data in this study using content analysis method. Bahtsul masail as the collective ijtihad of NU members has made a real contribution to the development of Islamic family law material in Indonesia. Various new phenomena that arise both due to technology and cultural differences have received fiqh answers through bahtsul masail. This is indicated at least by the similarities between several legal decisions and the marriage law in Indonesia.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"1041 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116273428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sumando Inheritance to Natal Muslim Community, Mandailing Natal District (Comparative Study of Islamic and Customary Law) 曼达宁纳塔尔区穆斯林社区的Sumando继承(伊斯兰法与习惯法比较研究)

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-29 DOI: 10.25217/jm.v5i2.1028

Muhammad Hasan Nasution, Syahmedi Siregar, M. Y. Harahap

{"title":"Sumando Inheritance to Natal Muslim Community, Mandailing Natal District (Comparative Study of Islamic and Customary Law)","authors":"Muhammad Hasan Nasution, Syahmedi Siregar, M. Y. Harahap","doi":"10.25217/jm.v5i2.1028","DOIUrl":"https://doi.org/10.25217/jm.v5i2.1028","url":null,"abstract":"Sumando is the joining of a husband to his wife’s family after the marriage. In the Natal District community system, a marriage bond will create inheritance. The difference is, the distribution of inheritance is carried out based on custom where women are the heirs. Daughters as the successors of descendants receive honor in various customary events, including in the distribution of inheritance. If this is viewed from the Islamic inheritance law system, this surely seems contradictory. This is because in Islam, the share of men heirs is twice as much as that of women. This research was a descriptive analysis with qualitative methods. This research showed that women in Sumando society are prioritized to get inheritance, but men were also if the inherited property was in the form of money, not goods. The Sumando indigenous people of Natal District still upheld the matrilineal system. Meanwhile, the distribution of inheritance based on Islamic law was patrilineal-martilineal. This meant that men and women have the right to inherit according to the provisions of their respective sections.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125816958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Trade Secret Protection as Part of Intellectual Property System: a Comparative Study of Indonesian and United States of America Trade Secret Law 作为知识产权制度组成部分的商业秘密保护:印尼与美国商业秘密法比较研究

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-28 DOI: 10.25217/jm.v5i2.1189

Monica Yesica Febrina, S. Manullang

引用次数: 1

Absolute Competency Problems in Settlement of Mortgage Rights Execution Disputes of Islamic Banking in Religious Courts 宗教法院处理伊斯兰银行抵押权执行纠纷中的绝对能力问题

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-28 DOI: 10.25217/jm.v5i2.1029

Ricky Riyyano

{"title":"Absolute Competency Problems in Settlement of Mortgage Rights Execution Disputes of Islamic Banking in Religious Courts","authors":"Ricky Riyyano","doi":"10.25217/jm.v5i2.1029","DOIUrl":"https://doi.org/10.25217/jm.v5i2.1029","url":null,"abstract":"Banking activities, especially credit/financing transactions, apart from the existence of trust between creditors and debtors, also require guarantees that have a high liquidity value in the form of material guarantees and individual guarantees. The District Court does not have the authority to resolve sharia economic disputes in any form, including the execution of the object of mortgage rights in Islamic banking which has issued Constitutional Court Decision Number 93/PUU-X/2012. If the ruling or decision issued by the district court is related to implementation the object of mortgage rights in sharia banking, then the stipulation or decision is not valid, this is because there is no regulation between the old law and the new law. This research used a normative juridical approach which was carried out through analysis obtained from library materials linked to statutory regulations and the concept of legal experts as the basis for research. The result of this research was that harmonization emphasized more on equating perceptions of the implied meaning without making editorial changes. Reconstruction of norms, including improving old laws or making new laws by changing the editorial staff of articles that still contain contradictions.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"2147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130013565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Adopted Children as Mahram: Responding to Ijtihad ‘Ā’isyah (614-679 Ad) in the Flow of Modernization 被收养的孩子是马哈拉姆:在现代化的流动中回应伊智提哈德' Ā ' isyah(公元614-679)

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-27 DOI: 10.25217/jm.v5i2.1004

Maizul Imran, Beni Firdaus, Arsal Arsal

引用次数: 0

Legalization of Pre-Marriage Agreement Pandhābā from Islamic Law Perspective 伊斯兰教法视域下的婚前协议合法化Pandhābā

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-27 DOI: 10.25217/jm.v5i2.1017

Hosen Hosen, Mohsen Faizi

{"title":"Legalization of Pre-Marriage Agreement Pandhābā from Islamic Law Perspective","authors":"Hosen Hosen, Mohsen Faizi","doi":"10.25217/jm.v5i2.1017","DOIUrl":"https://doi.org/10.25217/jm.v5i2.1017","url":null,"abstract":"The pre-marriage pandhābā legalization in Bakeong Village, Guluk-Guluk, Sumenep is a procession of efforts to free a pandhābā child from bad luck and all forms of distress in his life which are carried out before the marriage ceremony procession. There are two objectives in this research; first, to find out the procession of implementing the tradition, and the second how was the view of Islamic law on the tradition. The research used a normative-qualitative approach with a type of case studies. Collecting data through unstructured interviews, non-participant observation and documentation. Data were analyzed using deductions, presentations and conclusions deductively. Data sources were from people who understood and were directly involved in the implementation, and from other records relating to the object of research. The research results were, firstly; In the pandhābā legalization procession there were several stages, such as attributes (sesajen) to be used, rasolan and khatmil Qur`ān, and bathing the pandhābā children with the water of seven wells and campoan mixed with flowers. Second; this research of Islamic law toward the tradition is not found any deviation. Even this tradition can be said to be sunnah to do, because it was full of Islamic teachings such as alms and pray together.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"61 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128012924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Contextualization of Islamic Law Paradigms in the Pandemic Time Covid-19 as the Word of Religious Moderation 大流行时期伊斯兰教法范式的语境化——以“新冠肺炎”为宗教节制之词

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-12-26 DOI: 10.25217/jm.v5i2.1074

Abdurahman Saputera

{"title":"The Contextualization of Islamic Law Paradigms in the Pandemic Time Covid-19 as the Word of Religious Moderation","authors":"Abdurahman Saputera","doi":"10.25217/jm.v5i2.1074","DOIUrl":"https://doi.org/10.25217/jm.v5i2.1074","url":null,"abstract":"This study aims to investigate and analyze the adaptive and contextualization values of Islamic law during the Covid-19 pandemic, in order to occupy a more dynamic concept of religious moderation from a paradigm or thought perspective, by applying a design in the form of research (Library Research) using various library sources as the source of research data, it also applied a descriptive-normative approach to describe the pandemic as a real phenomenon, and began from the building as the source of the primary and secondary data to support, to be further processed using Fatwa No. 14 of 2020 and the Principles of Fiqhiyyah as a knife of analysis through the Descriptive Analytic Method Content process. The conclusions are drawn by applying inductive and deductive thinking methods. The contextualization effort in question is a form of embodiment of the value of religious moderation in a textual dichotomy but essentially integrates the moderation paradigm that has been popular so far focused in the washatiyah study discourse or only in tolerance between fellow of religious communities. The reflection of the paradigm of Islamic law during the pandemic period is to produce an ijtihad that commonly configures and elaborates normative texts with a progressive interpretation mode, as well as mediating and harmonizing the interrelation and domination of texts against existing realities, so that they actually produce an actual understanding as well as reflect the principles of Islamic law that is flexible, complete, and beneficial. \u0000 \u0000 \u0000 ","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130703393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Hak Memilih Tuna Aksara Pada Pelaksanaan Pemilu Serentak 2019 Di Kota Singkawang

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2020-06-16 DOI: 10.25217/jm.v5i1.725

Sri Sudono Saliro, Jamiat Akadol, Saiful Rachman, A. Setiawan

{"title":"Hak Memilih Tuna Aksara Pada Pelaksanaan Pemilu Serentak 2019 Di Kota Singkawang","authors":"Sri Sudono Saliro, Jamiat Akadol, Saiful Rachman, A. Setiawan","doi":"10.25217/jm.v5i1.725","DOIUrl":"https://doi.org/10.25217/jm.v5i1.725","url":null,"abstract":"The purpose of this study, among others, first, is to analyze the laws and regulations concerning the right to choose illiterates in the 2019 simultaneous elections in the City of Singkawang. Second, for the evaluation of the legal aspects of the Election, specifically talking about the substance of the contents of the laws and regulations concerning providing assistance to illiterate voters. Third, to remind us together that the issue of the right to choose illiterates is an important issue that must be regulated in the election laws and regulations. The focus of the study in this paper is related to how to provide assistance to illiterate voters in the implementation of the 2019 simultaneous elections in Singkawang City. This research is a field research using descriptive qualitative method, meaning that the writer is directly involved with the resource person to reveal the social reality in the community. To obtain data the authors conducted observations and interviews. The findings can be concluded that illiterate voters cannot be provided with assistance when voting on the 2019 simultaneous elections in Singkawang City because there is no legal basis governing the provision of assistance to illiterate voters. So that the impact of the lack of legal basis, illiterate voters who come to polling stations and enter the voting booths, do not vote because of the confusion of the voters themselves.Keywords: Right to Choose, Illiteracy.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124185470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2