Al-Mazaahib: Jurnal Perbandingan Hukum最新文献_第9页

Waris Beda Agama Dalam Perspektif Hukum Islam: Studi Komparasi Pemikiran Wahbah Az-Zuhali dan Yusuf Al-Qaradawi 从伊斯兰法律的角度来看，不同宗教的继承人:瓦巴的azal - zuhali和Yusuf Al-Qaradawi的比较研究

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-12-14 DOI: 10.14421/al-mazaahib.v4i1.2845

Ahmad Musadat

{"title":"Waris Beda Agama Dalam Perspektif Hukum Islam: Studi Komparasi Pemikiran Wahbah Az-Zuhali dan Yusuf Al-Qaradawi","authors":"Ahmad Musadat","doi":"10.14421/al-mazaahib.v4i1.2845","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v4i1.2845","url":null,"abstract":"Although the legal provisions on inheritance from different religions in Islam have actually been rolled out for a long time. There is no clear spot regarding the inheritance of different religions at this time. Evidence that there are still differences of opinion regarding the issue of inheritance from different religions here, namely between Wahbah az-Zuhaili and Yusuf al-Qaradawi. Wahbah az-Zuhaili prohibits inheritance from different religions, but Yusuf al-Qaradawi with his minority fiqh rejects the absolute prohibition of inheritance, but only prohibits harbi infidels. The type of this research is Library Research. This research is descriptive, analytic, comparative The approach used by the authors is the uṣul al-fiqh approach by using muṭlaq and muqayyad theories. The approaches and theories above are to find out the differences in thoughts and backgrounds that cause these two figures to be different. In this difference, Wahbah az-Zuhaili absolutely rejects the inheritance of different religions because of his understanding of the hadith of the Prophet. Because Wahbah az-Zuhaili views this hadith of the prophet as absolute, so the meaning of the word infidel in the hadith is interpreted comprehensively for all infidels without exception. absolute. Because according to him the hadith of the Prophet still has a broad meaning. The theory which is considered as a muqayyad theory of hadith interpretation here causes the word infidel in that hadith to be interpreted as the takwil of followers of the Hanafi school of thought. The interpretation here specifies the word infidel from the word infidel to infidel harbi only. Yusuf al-Qaradawi's theory is relevant in Indonesia because Indonesia itself recognizes religions other than Islam itself.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127095202","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

METAMORFOSIS “ILLAT HUKUM” DALAM SAD ADZ-DZARI’AH DAN FATH ADZ-DZARIAH (SEBUAH KAJIAN PERBANDINGAN)

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-12-01 DOI: 10.14421/al-mazaahib.v5i2.1426

Nurdhin Baroroh

引用次数: 5

DESA MAWA CARA NEGARA MAWA TATA: DINAMIKA PENGATURAN DESA DALAM SISTEM KETATANEGARAAN INDONESIA

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-11-22 DOI: 10.14421/al-mazaahib.v5i2.1424

Udiyo Basuki

{"title":"DESA MAWA CARA NEGARA MAWA TATA: DINAMIKA PENGATURAN DESA DALAM SISTEM KETATANEGARAAN INDONESIA","authors":"Udiyo Basuki","doi":"10.14421/al-mazaahib.v5i2.1424","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i2.1424","url":null,"abstract":"The history of village arrangements in the state administration system in Indonesia has had ups and downs following the flow of social and political dynamics. In the Dutch and Japanese colonial era, villages were highly neglected. In the old order the existence of legal products that regulate the village actually makes the village eroded and marginalized. In the New Order period the village was regulated separately in Law No. 5 of 1979 which embraced uniformity like a village in Java. This resulted in the existence of indigenous peoples outside Java experiencing tremendous reductions. As the fall of the New Order and replaced by the Reform Order, the existence of villages and indigenous and tribal peoples is reduced to a part of the regency / municipal territory or regency which is incorporated in Law No. 22 of 1999. The next law product is Law No. 6 of 2014, which accommodates the existence of the village and traditional village. The alignment of this Law is in practice worthy of review and testing. This paper describes the development of village settings in the Indonesian state administration system from the beginning of independence until now.Kata kunci: desa mawa cara negara mawa tata, desa, sistem ketatanegaraan, masyarakat adat","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131360678","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: 4

TRADISI PERANG BANGKAT PADA MASYARAKAT SUKU OSING BANYUWANGI: PERSPEKTIF HUKUM ISLAM

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1393

M. Sugiyanto

{"title":"TRADISI PERANG BANGKAT PADA MASYARAKAT SUKU OSING BANYUWANGI: PERSPEKTIF HUKUM ISLAM","authors":"M. Sugiyanto","doi":"10.14421/al-mazaahib.v5i1.1393","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1393","url":null,"abstract":"This paper examines the implementation of the marriage tradition of Perang Bangkat in Kemiren Banyuwangi, East Java, from the perspective of Islamic law. This tradition has sparked debate among Muslims. Some of them consider that the tradition of war has deviated from the teachings of Islam, while others think that it was not against the teachings of Islam. This paper explains that the tradition is a marriage ritual between a pair of brides with the status of a sonship (youngest) married to a fellow surname, the firstborn with the firstborn and the youngest child with the firstborn in each family. The hope of his household life will be happy. Implementation of this ritual was carried out before the marriage ceremony took place and was done at the time of afternoon, when the sun began to sink, around the time of maghrib arrived. This paper further confirms that this tradition is permissible in Islam because it includes community customs that are not contrary to the rules of Islamic law (al-'urf as-sahih). Thus, the law to perform the ritual tradition is allowed as long as it does not harm one party and there is no element that contradicts to the Islamic law","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125766002","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

PERLINDUNGAN KONSUMEN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN HUKUM ISLAM 根据1999年第8条关于消费者保护和伊斯兰法律的规定，消费者保护

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1397

L. Rindani

引用次数: 0

METODE PENENTUAN AWAL BULAN RAMADAN, SYAWAL, DAN ZULHIJJAH MENURUT DEWAN DAKWAH ISLAMIYAH INDONESIA 根据印度尼西亚的DAKWAH ISLAMIYAH理事会，斋月、SYAWAL和zulhijja的确定方法

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1390

M. U. Abshor

{"title":"METODE PENENTUAN AWAL BULAN RAMADAN, SYAWAL, DAN ZULHIJJAH MENURUT DEWAN DAKWAH ISLAMIYAH INDONESIA","authors":"M. U. Abshor","doi":"10.14421/al-mazaahib.v5i1.1390","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1390","url":null,"abstract":"Dewan Dakwah Islamiyah Indonesia (DDII) when setting the start of Ramadan and Syawal they follow the Indonesian government method (imkanur rukyah) with matla 'Indonesia (wilayatul hukmi, parts of Indonesia as a jurisdiction), but when the month of Idul Adha following the government's decision of Saudi Arabia. The reason, Eid al-Adha is closely related to the standing events so that decisions regarding the events wukuf the government authorities Saudi Arabia. Rukyah sect DDII is Mecca referring Rukyah official letter signed by the Secretary General of the Muslim World League Syeikh Muhammad Shalih Islami Qazzaz Number: 1/6/5/45 dated July 25th 1975 regarding determination of Eid Al Adha addressed to the members of the Majlis Mohammad Natsir as Ta ' The Mudir side of Maktab and the General Counsel of Rabithah 'Alam Islam. In the letter mentioned proposition Syeikhul Azhar Abdul Halim Mahmud in the form of a press release in 1975 that called for that in terms of determining the beginning of the month of Zulhijjah, should all be guided by the results of an Islamic state Rukyah Saudi Arabia, so that the Muslims of the opinion in the issue of the establishment of the standing at Arafat. DDII use understanding the verses of the Quran and hadith, related to the argument of the testimony rukyah, replenish a fair witness to determine the beginning of fasting, while the end of the fasting decided to use at least two witnesses were fair and tsiqah (reliable). Witnesses are not required to be male or female, because what is delivered is a news of observation.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126951698","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

PERLINDUNGAN HUKUM BAGI NASABAH BAITUL MAAL WA TAMWIL (BMT) YANG DILIKUIDASI DI INDONESIA 印度尼西亚清算的BAITUL MAAL WA TAMWIL (BMT)的法律保护

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1396

Syafi’atul Mir’ah Ma’shum

{"title":"PERLINDUNGAN HUKUM BAGI NASABAH BAITUL MAAL WA TAMWIL (BMT) YANG DILIKUIDASI DI INDONESIA","authors":"Syafi’atul Mir’ah Ma’shum","doi":"10.14421/al-mazaahib.v5i1.1396","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1396","url":null,"abstract":"Baitul Maal wa Tamwil (BMT) is one type of micro finance institution that uses sharia principles. The BMT contributes to a real small economic by providing financing and channeling of funds. But the problem arises when liquidation occurs on the BMT, which rules should be used as a rule to solve it. This paper discusses the legal protection for BMT customers who are liquidated in Indonesia. The aim is to explain how legal protection forms for customers and why this legal protection is necessary for customers. The analysis used is statute approach and a conceptual approach. The legal basis of protection for BMT customers is Law no. 1 of 2013 on Microfinance Institutions (LKM), particularly articles 24 and 25, which regulate the prevention of disputes or revocation of licenses. Article 26 states that the Financial Services Authority (OJK) provides a deposit service if it makes them lose. But if BMT incorporated in the form of cooperative (koperasi) the law that use as basis is Law No. 25 of 1992, especially article 54 on the settlement. Differences in this rule become one of the factors slow the settlement of the problem of BMT customers that liquidated. The government should provide clear rules regarding the institutional status of BMT, so that the settlement of client's legal protection becomes clear","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114168555","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

KESENJANGAN KETENTUAN PERNIKAHAN DI BAWAH UMUR ANTARA FIKIH MUNAKAHAT DAN UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN 《饮食法典》和《饮食法典》中未成年婚姻条款的差距。1974年的婚礼

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1391

A. Halim, M. Hamsin

引用次数: 0

KEWARISAN ANAK LUAR KAWIN (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010) 私生子继承权(宪法法院裁决第46号/PUU-VIII/2010)

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1395

I. Lubis

{"title":"KEWARISAN ANAK LUAR KAWIN (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010)","authors":"I. Lubis","doi":"10.14421/al-mazaahib.v5i1.1395","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1395","url":null,"abstract":"The issue of Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the status of children outside of marriage has a great influence on the laws and regulations in Indonesia, especially the Marriage Law. The substance of this Constitutional Court ruling changed the category of legitimate children as understood by applicable law as well as Islamic law. An outsider who has been considered an illegitimate child, based on the decision of the Constitutional Court is categorized as a legitimate child, thus having a civic relationship with his biological father. This article explains the implications of the decision of the Constitutional Court's Decision, especially in relation to the civil rights of its inheritance. The focus of the discussion on two things, namely how the inheritance of children outside of marriage and how the view of Islamic law on his inheritance. The results of this study reveal two things. First, after the Decision of the Constitutional Court Number 46/PUU-VIII /2010, an outsider or child born of sirri marriage or not being registered shall be entitled to inheritance, if it has been justified by the Court. Between father and son have a blood relationship and the child is classified as a legitimate child. Second, the inheritance of children outside marriage or who are born of sirri marriage or not registered can only be done through a will. This is because the child can only be attributed to his mother and is not counted as the heir of his father.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123442708","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

KEADILAN PEMBAGIAN HARTA WARISAN PERSPEKTIF HUKUM ISLAM DAN BURGERLIJK WETBOEK 伊斯兰法律观点的遗产分配和汉堡WETBOEK

Al-Mazaahib: Jurnal Perbandingan Hukum Pub Date : 2017-06-01 DOI: 10.14421/al-mazaahib.v5i1.1394

M. Al-Mabruri

{"title":"KEADILAN PEMBAGIAN HARTA WARISAN PERSPEKTIF HUKUM ISLAM DAN BURGERLIJK WETBOEK","authors":"M. Al-Mabruri","doi":"10.14421/al-mazaahib.v5i1.1394","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1394","url":null,"abstract":"The question of the distribution of heritage property from parents to their children, or from people who have died to the parties entitled to them is a complicated problem and often cause problems for many family members. Generally, the problems arising from the practice of inheritance share are because each party feels it does not get the inheritance as it should be (unfair). This paper examines the concept of justice in the distribution of inheritance under Islamic law and Burgerlijk Wetboek (BW). This paper has provided valuable information on the understanding and concept of justice existing in Islamic law and also in BW, in which the different concept of justice has given rise to different provisions in terms of inheritance division. In the Islamic heirs law, the concept of justice is based on the principle of equitable justice, while the concept of justice contained in Burgerlijk Wetboek is built on Western philosophies and ideas, especially the justice Aristotle made about the equality of rights between individuals. Therefore, the rights of the heirs are equal to the rights of the daughter's heirs. The difference in fairness in the distribution of inheritance is due to differences in the perspectives of justice and the legal basis of the two heirs. Islam considers that the obligation to provide family support is the responsibility of men so that it is appropriate if men doubled the share of women's heritage. Meanwhile, in the Western thinking that forms the BW heir system does not determine and imposes obligations to provide a family income only to men or women, so BW's heirs provide a share of inheritance equally between men and women.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114556876","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: 5