A. Syatar, J. Juliana, Zehratul Eitriya, Rifaldi Rifaldi, Wina Winanda, Alfajri Anugrah, Angelina Atika Putri
{"title":"FORMALISASI HUKUM ISLAM DALAM BENTUK PERATURAN DAERAH: ANALISIS PERATURAN DAERAH SYARIAH DI BULUKUMBA","authors":"A. Syatar, J. Juliana, Zehratul Eitriya, Rifaldi Rifaldi, Wina Winanda, Alfajri Anugrah, Angelina Atika Putri","doi":"10.24239/blc.v15i1.681","DOIUrl":"https://doi.org/10.24239/blc.v15i1.681","url":null,"abstract":"This article aims to examine the formalization of Islamic law in the form of a Sharia Regional Regulation (Perda) in Bulukumba. The approach in this research is juridical-normative. This approach is used to understand the phenomenon of the formalization of Islamic law in the Bulukumba area. The results show that the formalization and application of sharia regulations in Bulukumba is running quite well, this is based on the development of public understanding and compliance with the Perda. On the other hand, these sharia-based regulations sometimes run less effectively. This is because there are still many Bulukumba people who do not know, let alone understand the Sharia Regional Regulations well.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131542188","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}
{"title":"STUDI KOMPARATIF EMPAT MADZHAB FIQIH TENTANG HUKUM PUTUS KHITBAH","authors":"Faris El Amin","doi":"10.24239/blc.v15i1.699","DOIUrl":"https://doi.org/10.24239/blc.v15i1.699","url":null,"abstract":"The phenomenon of breaking the khitbah often occurs. However, there are still many Muslim communities who are still unfamiliar with the implications and the Fiqh when this case occurs. This study aims to describe the different views on the law of breaking the Khitbah and the status of the Hadiah that were submitted during the Khitbah period based on the concept of Fukaha. This study uses a qualitative approach with a literature study design. The data was collected by collecting books which became the reference for the four schools of Fiqh. The results show that: (1) Fukaha have different opinions about the law of breaking the khitbah. The main cause of this difference is due to differences in understanding the texts and principles of covenant fiqh and the absence of a qath'i text in this matter. (2) Fukaha, also have different opinions regarding the status of the items given before the break of the khitbah","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125162386","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}
{"title":"PRAKTIK TRANSAKSI NON TUNAI MELALUI LAYANAN SYARIAH LINKAJA PADA EKOSISTEM KEISLAMAN DI KOTA CIREBON","authors":"Nisa Lusiana, Afif Muamar, Wasman Wasman, Didi Sukardi","doi":"10.24239/blc.v15i1.684","DOIUrl":"https://doi.org/10.24239/blc.v15i1.684","url":null,"abstract":"The rise of non-cash transactions today has made people tend to switch from manual transactions that use cash to electronic transactions. LinkAja Syariah service is an application-based electronic money service designed to facilitate user transactions. LinkAja Syariah Services prioritizes three main categories of sharia service products, namely the ZISWAF, mosque-based economic empowerment and digitization of Islamic boarding schools, micro small and Medium Enterprises. Thus, this study seeks to reveal the contribution of LinkAja Sharia Services in the city of Cirebon, where the majority of the population is Muslim and there are many religious institutions. This study aims to determine the practice of using LinkAja Syariah Services in Cirebon City from an Islamic law perspective. The method used in this research is qualitative by inductive means, that is, from data to a higher level of abstraction, including synthesis and theory development (if necessary and the data supporting). This means that data analysis in qualitative research is more open-ended and must be adjusted to data in the field, such as the results of interviews, observations, and documentation. In addition, the data analysis technique used in this study was qualitative analysis as stated by Miles and Hubberman, namely data collection, data education, data presentation and conclusion drawing. The results of this study are: LinkAja Sharia services that prioritize three main products, namely the ZISWAF ecosystem, mosque-based economic empowerment, and digitization of Islamic boarding schools and UKM. In Cirebon City LinkAja Syariah services can be used for zakat, infaq and shodaqoh payments at LAZISMU Cirebon Regency, donations at At-Taqwa Mosque, and shopping at traditional markets such as Gunung Sari Market, PGC Morning Market, and Kanoman Market","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133185242","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}
{"title":"KETETAPAN HUKUM DAN REKONSTRUKSI PARAMETER HILAH PADA PRAKTIK PERBANKAN SYARIAH","authors":"Diky Faqih Maulana, Abdul Rozak","doi":"10.24239/blc.v15i1.670","DOIUrl":"https://doi.org/10.24239/blc.v15i1.670","url":null,"abstract":"Many Islamic bank products and contracts are not in accordance with sharia principles. This research will discuss in detail the related hilah in Islamic banking practices and the differences in bank interest with margins, fees, and profit sharing on Islamic bank financing. This research is a qualitative research which is literature study. The results showed that the use and parameters of hilah in syari'ah banking were different and it could be measured to what extent the practice violated the principles of syari'ah or not. Basically, the profit-sharing system, fees and margins are designed to bridge anti-usury groups, but not a few of the syari'ah banks use law to wrap a product or contract with the syari'ah label because in practice it is far from theory and principle. shari'ah. The standard of hilah, where a contract or product must meet Qasd al-shari ', Qasd al-mukallaf, Wasa'il, Maslahah, Rukhsoh and Azimah. If a contract or product meets the five parameters above then it is categorized as masyru'ah (which is permissible), but if it does not fulfill it, even the opposite, it is classified as mazmumah (which is prohibited).","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114542539","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}
{"title":"PENANGANAN JENAZAH KORBAN BENCANA ALAM BADAN PENANGGULANGAN BENCANA DAERAH DALAM PERSPEKTIF HUKUM ISLAM","authors":"fajar rahmat aziz","doi":"10.24239/BLC.V14I2.522","DOIUrl":"https://doi.org/10.24239/BLC.V14I2.522","url":null,"abstract":"It is the Regional Disaster Management Agency’s (BPBD) onus of South Sulawesi to assist the Governor in organizing regional government administration within the scope of regional disaster management. Among BPBD’s duties in South Sulawesi in handling corpses of natural disaster are: intact Muslim corpses are handled normally, in which the bodies were washed, shrouded, sanctified and buried by following the procedures that have been determined by the Shari'ah. Afterwards, decaying and unrecognizable Muslim corpses were directly shrouded, sanctified then buried. Whilst the large numbers corpses that mixed between Muslims and non-Muslims, were immediately buried and sanctified by religious leaders from each of the existing religious representatives. Hereinafter, the constraints faced by the BPBD of South Sulawesi in handling the corpses of natural disasters include: limited equipment, difficulty in reaching the location and the identification process which requires a long time. The Islamic law view regarding the handling of the natural disasters corpses is that basically, in normal conditions, the corpses must be washed, shrouded, sanctified and buried according to the procedures that have been determined by Islamic law. When a disaster occurs, the handling of the body is still carried out in accordance with the provisions of the Shari'ah but in an emergency situation.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116022032","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}
{"title":"KONTRIBUSI PEMIKIRAN MAQASID SYARI'AH THAHIR IBNU ASYUR DALAM HUKUM ISLAM","authors":"Orien Effendi","doi":"10.24239/BLC.V14I2.549","DOIUrl":"https://doi.org/10.24239/BLC.V14I2.549","url":null,"abstract":"AbstractAs time goes by new problems in life always arise. Advances in science and technology have a profound influence on the problems of these new types in today's life. The provisions of Islamic law from previous thinkers seemed to be left behind if not immediately renewed to be able to keep up with the pace of development in times with increasingly diverse new problems. Of course there was nothing wrong with what the Muslim leaders had assembled at the time when formulating an Islamic law to solve the problem, at least what was compiled at that time could still be implemented right now, but a slight adjustment was needed in order to become Islamic law which has legal certainty both in its application as law in a particular group and in its application as public law.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126699585","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}
{"title":"STUDI AL-QURAN DAN HADITS TENTANG EKSISTENSI DAN KONSTRUKSI AKUNTANSI SYARIAH","authors":"M. S. Hidayatullah","doi":"10.24239/BLC.V14I2.543","DOIUrl":"https://doi.org/10.24239/BLC.V14I2.543","url":null,"abstract":"The basic concept of accounting is recording and in development is divided into various financial recording systems in different categories. Islam with comprehensive Shari'a not only regulates vertical problems, namely the relationship between humans and God in matters of ubudiyah, but also regulates the horizontal problems of human relations with humans in matters of muamalah and that is where there is accounting activity, the presence of the term sharia accounting shows the existence of Islamic values absorbed in the activity. In principle, the existence of Islamic accounting is contained in the QS. Al-Baqarah / 2: 282. Allah swt. has recommended recording for non-cash transactions, it is not without reason, because it certainly contains benefits in it. The construction of sharia accounting based on verses of the a-Quran and hadith is not only value-free activities, but sharia accounting is a combination of accounting (writing) and accountant (writer) activities with an accountant required to be professional and to have an honest personality and to work patiently and conscientiously apart pay attention to sharia standards in financial statements.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124129426","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}
{"title":"TINJAUAN ANTROPOLOGI HUKUM DAN MAQASHID AL-SYARIAH TENTANG PERKAWINAN USIA DINI","authors":"Abdurrahman Hakim","doi":"10.24239/BLC.V14I2.570","DOIUrl":"https://doi.org/10.24239/BLC.V14I2.570","url":null,"abstract":"This research aims to analyze the existence of the asynchronous between the reality of the law in society and the existing law in the legislation concerning early marriage. For this reason, this research will be examined using the anthropological of law as an approach to find out three important aspects as objects of study of legal anthropology, namely knowledge of the community about law, the culture of community law, and the behavior of community law. After that, the case of early marriage will be analyzed using the theory of Maqhasid al-sharia. There are two reasons why this research needs to be studied using the theory of maqasid shariah. First, Law No. 1 of 1974 concerning Marriage is a manifestation of Islamic Law. Second, the community considers that early marriage is part of the teachings of Islam because it was once practiced by the Prophet and Aisha. The research method used is descriptive qualitative with the type of library research. The data used are legislation, books, newspapers, journals, and online media.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134294676","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}
{"title":"RELEVANSI PEMBAHARUAN ISLAM BIDANG HUKUM KELUARGA TERHADAP EGALITER LAKI-LAKI DAN PEREMPUAN","authors":"Arif Sugitanata","doi":"10.24239/BLC.V14I2.574","DOIUrl":"https://doi.org/10.24239/BLC.V14I2.574","url":null,"abstract":"In the kinship system in the Arab era, ignorance of their wives was nothing more like merchandise, which could also be inherited. When their husbands die, these wives will belong to the sons who are left behind and some will also marry them and marry them to whomever they like. These incidents leave women to a very low and despicable level. Thus the ignorance community is committed to harassing women, humiliating and depriving them of their rights in a very long historical period. The era of ignorance is like a dark spot in women's civilization. Islam is present as a religion of renewal that is blessed by God Almighty through the intermediary of the Prophet Muhammad SAW, who is present as a bearer of guidance to the truth from Allah SWT, which is preached by His Messenger, as a result of the deviations that have been committed by his followers. Therefore, Islam is a religion that is true and blessed by Allah SWT until the end of time. Then the presence of Islam provides space for justice for women and elevates their position and gives equal roles to men, both for their rights, dignity and their involvement with men in various fields, except in fields that are not in accordance with their nature and nature. as a woman.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115121901","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}
{"title":"DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI","authors":"R. Pikahulan","doi":"10.24239/blc.v14i1.509","DOIUrl":"https://doi.org/10.24239/blc.v14i1.509","url":null,"abstract":"Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only \"approve\" or \"disagree\" the Supreme Judge candidates nominated by the Judicial Commission.","PeriodicalId":393722,"journal":{"name":"Bilancia: Jurnal Studi Ilmu Syariah dan Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131235845","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}