{"title":"Fleksibelitas Hukum Ekonomi Syariah","authors":"M. Ridwan","doi":"10.21043/tawazun.v1i2.5079","DOIUrl":"https://doi.org/10.21043/tawazun.v1i2.5079","url":null,"abstract":"This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126276708","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":"Financial Technology Peer-To-Peer Lending Berbasis Syariah Di Indonesia","authors":"Jadzil Baihaqi","doi":"10.21043/TAWAZUN.V1I2.4979","DOIUrl":"https://doi.org/10.21043/TAWAZUN.V1I2.4979","url":null,"abstract":"This research aims to explain the concept of online peer-to-peer lending based on sharia rules. This research uses a literature study. The findings are, first, online peer-to-peer lending allowed in Islamic law that free from prohibited transactions, using sharia contracts, transparent, and in good manner. Second, there are 6 online peer-to-peer lending models that can be done according to Fatwa DSN-MUI: 1) financing for factoring, 2) financing for procurement ordered good, 3) financing for online seller, 4) financing for online seller through payment gateway, 5) financing for employee, 5) financing for community-based.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116237559","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":"Fiqih Mawaris Kontemporer: Pembagian Waris Berkeadilan Gender","authors":"Endang Sriani","doi":"10.21043/tawazun.v1i2.4986","DOIUrl":"https://doi.org/10.21043/tawazun.v1i2.4986","url":null,"abstract":"Justice of inheritance distribution between men and women still became actual and sustainable discussion. Various clasical views that say the distribution of inheritance between men and women is final because it is written in surat an-Nisa’ verse 11 and changing these provisions is deemed deviated from sharia, besides that, contamporary people see this as a rule that is contextualized according to the times. Progressive thinking about the distribution of inheritance was pioneered by gender activists who saw the fiqh of Mawaris still gender biased. Aim of this research was to find out the application of inheritance distribution in accordance with the conditions of Indonesian society by using a gender theory approach. The methodology used in this research is descriptive analytical by focusing on the issue of inheritance distribution 1:2 for men and women. Data analysis is carried out by reviewing the arguments about inheritance with a socio-historical approach. The results obtained from this study are the distribution of inheritance of Classical Islam 1: 2 is not something final, but can change 1: 1 or 2: 1 according to changing conditions of society. The conclusion of this research shows that to find out the purpose of Islamic law, the reader of the text of the postulate must be done contextually to get a law that is just in accordance with the objectives of Islam.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124643768","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}
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