Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial最新文献

{"title":"A RECONNAISSANCE OF MUAMALAH FIQH ON THE PROFIT-SHARING SYISTEM IN NUTMEG MANAGEMENT (CASE STUDY IN MEUKEK SUB-DISTRICT)","authors":"Ridwan Nurdin, Edy Yuhermansyah, Shintia Afrillia","doi":"10.22373/dusturiyah.v13i1.18447","DOIUrl":"https://doi.org/10.22373/dusturiyah.v13i1.18447","url":null,"abstract":"Islam teaches to muamalah correctly in accordance with the shari'ah that is taught. There are several systems of mu'amalat cooperation known as muzara'ah, mukhabarah, ijarah, musaqah and syirkah. In the current economic system, the concept of profit sharing is widely used by the community with modifications that can be made freely by the parties in the business. Profit sharing is a cooperative relationship between two or more people in terms of capital, skills, or trust in a particular business with profit sharing based on a ratio. Meukek District is an area that still has a lot of nutmeg plants, although not as much as in the past. The owner of the nutmeg plantation handed over his garden to someone who was trusted to take care of his garden, because the garden owner did not have time to manage the garden. The handover of the garden was based on the results of deliberation between the two parties, which later the results from the garden were divided into two. The purpose of this study was to determine the profit-sharing system for nutmeg management in Meukek District. The research approach used by the author in the discussion of this thesis is a qualitative approach. Data collection techniques used are observation, interviews and documentation. The profit-sharing system for the management of nutmeg in the Meukek Sub-district The agreement is carried out only orally, not in writing by means of mutual consultation regarding the revenue-sharing system from the agreed management of nutmeg. The duration of the cooperation depends on the mutual agreement between the garden owner and the cultivator. The distribution of the results is done in the form of money instead of nutmeg, after the nutmeg is harvested, the tenant sells it first and then the money from the sale of the nutmeg is then distributed between the owner and the cultivator. If a loss occurs, it will be shared between the owner and the cultivator. The Fiqh Mu'amalah review of the profit-sharing system in the management of nutmeg in Meukek District has met the requirements and harmony in terms of distribution of results in accordance with the contract, implementation, and distribution results that do not harm one party and on the basis of mutual assistance in its implementation.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127425564","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":"PROBLEMATICS OF SETTLEMENT OF INHERITANCE RIGHTS OF DAUGHTER WITH SIBLINGS IN THE MAHKAMAH SYAR’IYAH BANDA ACEH AND ACEH","authors":"Aulil Amri","doi":"10.22373/dusturiyah.v13i1.16669","DOIUrl":"https://doi.org/10.22373/dusturiyah.v13i1.16669","url":null,"abstract":"This research discusses the Polarization of Judges' Decisions in the Settlement of Sibling Inheritance Rights (Case Study of Decision Number: 193/Pdt.G/2020/MS.Bna AND 21/Pdt.G/2021/MS.Aceh). The formulation of the problem studied is: 1. Why is there a disparity in the judge's decision regarding the position of relatives as heirs in an inheritance dispute at the Religious Court in decision number: 193/Pdt.G/2020/MS.Bna vs. 21/Pdt.G/2021/ MS. Aceh? 2. Has the judge's decision in resolving the dispute over the determination of heirs protected the rights of heirs in accordance with faraidh? This research is normative and practical juridical research, namely library research supported by results in the field in the form of interviews with related functional officials of the Banda Aceh Syar'iyah Court and Aceh Syar'iyah Court. This study concludes that: 1. The disparity in the decisions of the Banda Aceh Syar'iyah Court and the Aceh Syar'iyah Court occurred due to an understanding of the Jumhur Ulama's opinion which stated that a daughter cannot be hindered by a daughter in receiving an inheritance. Jumhur Ulama's definition of \"kalalah\" is the death of someone who does not have a father or son. This is in line with jurisprudence and the opinion of Ibn 'Abbas, which stipulates that girls can wear the hijab to inherit, but girls cannot wear the hijab inherited from their brothers. 2. The judge's decision at the Banda Aceh Syar'iyah Court in resolving the dispute over the determination of heirs has protected the rights of heirs in accordance with faraidh. This is because the opinion of the jumhur of scholars and the opinion of Ibn 'Abbas are in line with the opinion of the panel of judges. Then the daughter in this case is an adult and has a steady job and income, which is different from the case in jurisprudence.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134462757","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":"FUQAHA SHAFI'IYYAH AND HANABILAH UNDERSTANDING OF THE HADITH OF PROSTRATION MEMBERS IN PRAYER","authors":"Tarmizi M. Jakfar","doi":"10.22373/dusturiyah.v13i1.18106","DOIUrl":"https://doi.org/10.22373/dusturiyah.v13i1.18106","url":null,"abstract":"The jurists differ as to the legal status of sticking one's nose to the place of prostration or the floor. These differences of opinion influenced public opinion and opinions, especially during the Covid-19 pandemic. For example, related to the opinion regarding the law of wearing a mask at times because it can cover the nose so that it can cancel the prayer, but there is also an opinion that says that it is permissible to use it. The controversy between whether or not it is permissible to use something that prevents the nose from sticking together when prostrating is conveyed by the Syafi'ī and Ḥanbalī schools. Therefore, this article explains the difference between the Al-Syāfi‘ī school and the Ḥanbalī school in determining the law of sticking the nose when prostrating? and what are the arguments and methods of ijtihad used by the scholars of the Al-Syāfi‘ī and Ḥanbalī schools? This research approach is a qualitative approach, this type of research is normative legal research, while the nature of the data analysis used is the comparative analysis method. The results of this study indicate that the differences between the Al-Syāfi‘ī and Ḥanbalī schools in establishing the law of sticking one's nose during prostration are identified in two points. First, about the legal status. According to the scholars of the Shafi'i school, the nose is not a part of the face that must be attached during prostration, the law is only limited to sunnah. The Hanbali school considers that the nose, the part of the face that must be attached to the ground, is obligatory. Second, about the legal consequences. For the scholars of the Shafi'i school, the legal consequences of praying without sticking your nose are still valid, while according to the Hanbali school it is not valid. The argument of the scholars of the Syafi'i school is the hadith narrated by Imam Al-Bukhari from Ibn Abbas, that the members of prostration are only the forehead, both hands, both knees and both feet. No mention of nose. Then Daruquthni's narration from Jabir, when he saw Rasulullah Saw prostrating with the top of the forehead near the hair. The istinbat method used is the bayani and ta'lili methods. Meanwhile, according to the Hanbali school, the argument used is the history of Imam Al-Bukhari from Ibn Abbas who mentions the Prophet's gesture to point his nose in prostration. Then the narrations of Muslim and Al-Nasa'i regarding the mention of jabhah wa al-anfu (forehead and nose) as members of prostration, in addition to the history of Atsram which states that it is obligatory to stick your nose during prayer. The istinbat method used is the bayani method and the ta'lili method.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116519474","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":"PRINCIPLES OF STATE ORGANIZATION IN SURAH AN-NISA' (4): 58-59.","authors":"Ruhdiara Ruhdiara","doi":"10.22373/dusturiyah.v13i1.13280","DOIUrl":"https://doi.org/10.22373/dusturiyah.v13i1.13280","url":null,"abstract":"Islamic State shows that the context of the discussion on the theme of government, requires to talk about the State, power, and politics and all things related to it. Because these three themes are integral (covering) in a government political system. Government and power are very urgent in a nation's community, because in this way the guarantee of an orderly life order, act based on the law, mutual trust among citizens, and the ideals of building justice for all citizens will be realized. Then the government too, as an unavoidable fact in the life of every citizen which has many meanings for them, individually and collectively. Government is the hope and opportunity to realize a prosperous and sovereign life by regulating the freedom and equal rights of its citizens. The method used in this journal article is a descriptive qualitative research method. The type of research used in the study is classified as library research, namely research in which data is processed and extracted from various books, newspapers, magazines and several writings that are related to this research and uses a normative legal approach. The results of this study indicate that in the implementation of the administration of the State, especially the government of the State in Surah An-Nisa {4}: 58-59 suggests that there are six principles of the use of political power or government power which can be seen as the principles of the administration of the State in the government system,","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117018389","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":"QUESTION CAREER PATH ACEH SHARIA POLICE","authors":"Prof. Muhammad Siddiq Armia, Ph.D","doi":"10.22373/dusturiyah.v13i1.17766","DOIUrl":"https://doi.org/10.22373/dusturiyah.v13i1.17766","url":null,"abstract":"After more than a decade of imposing Islamic law in Aceh, appearing various legal problems such as career path of Sharia Police or known as Wilayatul Hisbah (WH). In one hand, WH is faced on commitment of working harder by upholding religious norms as well as national regulations. On the other hands, their career path does not have a future certainty, even futureless. In the Act of Government of Aceh WH positions hand in hand with Satuan Polisi Pamong Praja (Satpol PP), having specific task to uphold general bylaws. Unfortunately in national level there are no single regulations arranging a path of professional career for WH. This fact contributes on hesitation of WH members to pursue their future career. Some of them switch their position to other career paths, having more certainty in national level. From the perspective of budged use, skill training cost for WH members are very expensive. If most of them change their future career, it will be a big loss for national budget, because their skill cannot be used for WH development. Thus, it needs a breakthrough to resolve this problem","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130108389","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":"REVIEW OF ISLAMIC LAW ON THE IMPLEMENTATION OF PARKING LEVY COLLECTION IN PALOPO CITY","authors":"Firman Muhammad Arif, Mustam Mustam","doi":"10.22373/dusturiyah.v13i1.15705","DOIUrl":"https://doi.org/10.22373/dusturiyah.v13i1.15705","url":null,"abstract":"In a family sometimes painful actions arise from involuntary causes (not intentionally), not on the wishes of the husband, such as because the husband is poor or poor so he does not have a living to fulfill his wife's rights in the form of food, clothing and home at a certain time, which makes the wife ask to part with her husband through the divorce (fasakh) path. Regarding the problem of the wife asking for fasakh This thesis discusses the Islamic Legal Review of the Implementation of Parking Levy Collection in the City of Palopo. The data collection method is carried out through observation and interviews with a descriptive-qualitative approach. The results showed that in the implementation of the parking levy collection in Palopo City, there are still parking attendants who impose their own rules such as requests for tariffs exceeding the provisions; and there are still objects and parking attendants that were untouched by the Palopo City Transportation Department. This is if viewed from the perspective of Islamic law there are pillars or conditions in the wadi'ah contract (agreement) that are not fulfilled, namely the ijab qabul between the parking attendant and the vehicle owner, as well as the existence of illegal parking attendants who collect parking funds/money for the parking attendant's personal self and do not contribute to the Palopo City Area Original Income. Therefore, in order to minimize the presence of illegal parking attendants and official parking attendants who do not comply with the provisions, the Palopo City Transportation Office as the Holder of the levy for parking services on public roadsides in Palopo City to strive to carry out guidance and supervision of partner objects and parking agents and potential parking objects that have not been recorded by giving verbal and written feedback, provide an understanding of the duties and responsibilities of parking attendants and legalize objects and parking attendants that are not yet the objects of government- assisted parking.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126218489","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":"Jayapura City KUA Strategy in Implementing PMA. No. 34 of 2016 concerning Duties and Functions","authors":"Amri Amri, Dyah Margo Mukti","doi":"10.22373/dusturiyah.v12i2.12766","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.12766","url":null,"abstract":"Minister of Religion Regulation Number 34 of 2016 concerning the organization and governance of the Sub-District KUA, it is seen that the duties and functions of the Jayapura City KUA must be as much as possible to implement these regulations. Therefore, this study aims to see what obstacles are faced and what strategies are carried out by the Jayapura City KUA in implementing the Perma. This research is a qualitative research that is through interviews, observations and documentation that has been processed and analyzed. The results of the study show the obstacles faced in implementing Perma No. 34 of 2016 is the limitation of existing Human Resources (Employees) and Collaboration with work partners has not been going well. Then the strategy taken in implementing the regulation is the first, increasing the number of employees within the Ministry of Religion of Jayapura City through the acceptance of Civil Servants every year since 2019. Second, coordinating and collaborating with Islamic religious instructors in Jayapura City to be able to help maximize the duties and functions of KUA in the field of outreach to the community.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126136708","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":"THE USE OF MASK AND STRETCHING THE SHAF OF JUSTICE PRAYERS IN THE PANDEMIC PERIOD IN MUI FATWA NUMBER 31 OF 2020: QAWAID FIQHIYYAH PERSPECTIVE","authors":"Zainuddin Puteh, Dhiauddin Tanjung","doi":"10.22373/dusturiyah.v12i2.13703","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.13703","url":null,"abstract":"On June 4 2020, the Indonesian Ulema Council (MUI) issued fatwa Number 31 of 2020 concerning \"Organization of Friday and Congregational Prayers to Prevent the Transmission of the Covid-19 Outbreak. The fatwa then became the object of scientific study from various perspectives, including regarding prayers using masks and stretching the shaf when praying in congregation. However, no one has yet discussed the relevance and accuracy of the fiqh principles used in fatwas. In fact, the principles of fiqh are one of the normative dimensions of Islamic law which are directly related to practical situations. For this reason, the author feels the need to make aspects of fiqh principles in fatwa as study material - so that the discussion is carried out in a normative (doctrinal) way. After reviewing, the author concludes that the principles used in the fatwa are very relevant and accurate. Therefore, praying using a mask and stretching the shaf is a very appropriate fatwa, because this fulfills the elements of a syar'i intention, namely an endeavor to break the chain of the spread of the life-threatening Covid-19 pandemic","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126658785","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":"MUT'AH IN MODERN MUSLIM FAMILY LAW ( Study of Legislation in Syria, Egypt and Indonesia )","authors":"Yuni Roslaili, Safira Mustaqila","doi":"10.22373/dusturiyah.v12i2.12347","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.12347","url":null,"abstract":"The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"496 1-2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134132957","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":"Distribution of Inheritance in the Prengkenin Tradition to the Muslim Community in Bagik Payung Timur Village, West Nusa Tenggara.","authors":"Lalu Haidir Ali","doi":"10.22373/dusturiyah.v12i2.13003","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.13003","url":null,"abstract":"Distribution of Inheritance in the Prengkenin Tradition to the Muslim Community in Bagik Payung Timur Village, West Nusa Tenggara The distribution of inheritance through the Prengkenin custom is the designation or attribution of certain assets to heirs by parents which will be owned immediately or after the parents die. The distribution of inheritance through prengkenin produces two patterns, namely, a) grants, designating certain assets that can be owned immediately, and b) wills, assets that will be owned after parents die. The share of each heir is determined in a family meeting witnessed by traditional leaders with the aim of being obedient, good, solah-solah (getting along with siblings) and spur-pacu (maintaining good manners). This illustrates an attitude of tolerance and mutual respect. The division between boys and girls uses the principle of mama meonggok, nina nyenyion (men carry, women carry). It describes the role of a child which will then affect the number of parts. While the reasons for the BPT Village Community to distribute inheritance through prengkenin are, a) avoiding conflicts between heirs in the future. b) distributive justice c) dissatisfaction with the traditional inheritance fiqh system.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"43 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114136016","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}