El-Aqwal : Journal of Sharia and Comparative Law最新文献_第3页

El-Aqwal : Journal of Sharia and Comparative Law Pub Date : 2022-08-01 DOI: 10.24090/el-aqwal.v1i1.6779

Khoerul Umam

引用次数: 0

Putusan MK Nomor 86/PUU-X/2012 Dilihat dari Perspektif Fiqih Siyasah: Respon Politik Hukum Masyarakat Sipil melalui Judicial Review UU No. 23 Tahun 2011 Tentang Pengelolaan Zakat MK number 86/PUU-X/2012的裁决从Fiqih Siyasah的观点来看:通过2011年《管理Zakat》23号法律的法律政治反应

El-Aqwal : Journal of Sharia and Comparative Law Pub Date : 2022-08-01 DOI: 10.24090/el-aqwal.v1i1.6781

Imron Hamzah

{"title":"Putusan MK Nomor 86/PUU-X/2012 Dilihat dari Perspektif Fiqih Siyasah: Respon Politik Hukum Masyarakat Sipil melalui Judicial Review UU No. 23 Tahun 2011 Tentang Pengelolaan Zakat","authors":"Imron Hamzah","doi":"10.24090/el-aqwal.v1i1.6781","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i1.6781","url":null,"abstract":"After the issuance of the Zakat Management Act No. 23 of 2011 as a part of which was intended to improve the previous Law (Law No. 38 of 1999) it still reaped contra from the community, especially private amil zakat institutions. Considering that the existing laws were deemed insufficient to accommodate the potential development of zakat in Indonesia, Commission VIII of the House of Representatives of the Republic of Indonesia formulated the new law on zakat management. However, since Law no. 38 of 1999, which previously had regulated the Management of Zakat, followed by a new law instead caused controversy among practitioners, academics, the public, the Amil Zakat Institution (LAZ) and other stakeholders. The fact that proves the existence of this controversy is the application for a judicial review to the Constitutional Court/MK. The applicants submitted a judicial review of several articles in the zakat management law based on four main points, namely the existence of criminalization, centralization, subordination, and marginalization. This effort is a legal political response and a manifestation of the role of the socio-political power of civil society in Indonesia, therefore this paper describes what and how the legal political efforts of civil society represented by several LAZ (Amil Zakat Institutions) respond through a legal effort called judicial review of Law No. 23 of 2011 concerning Zakat Management and proven successful with the issuance of the Constitutional Court Decision Number 86/ PUU-X/2012.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128410838","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: 1

Madzhab Fikih Indonesia: Akar Historis dari Arab hingga Indonesia

El-Aqwal : Journal of Sharia and Comparative Law Pub Date : 2022-08-01 DOI: 10.24090/el-aqwal.v1i1.6780

Ahmad Zayyadi, Wahyu Heru Pamungkas

{"title":"Madzhab Fikih Indonesia: Akar Historis dari Arab hingga Indonesia","authors":"Ahmad Zayyadi, Wahyu Heru Pamungkas","doi":"10.24090/el-aqwal.v1i1.6780","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i1.6780","url":null,"abstract":"Indonesian fiqh are that is determined based on the personality and character of the Indonesian nation according to Hasbi as-Shiddiqi. In Indonesia, in fact, the most widely followed school of jurisprudence in Indonesia is the thought of Imam Syafii. Imam Syafii was born in Gaza (near Palestine) in 150 H and died in 204 H. The Shafii school of jurisprudence was brought by missionaries and scholars who came to Indonesia to spread Islam. After this Islamization, the indigenous clerics appeared and it was later discovered that all of them were supporters of the Shafi’i school. Hasbi Ash-Shiddieqy and several other Indonesian scholars, who are the initiators of Indonesian Fiqh, have the idea that situations and conditions such as those above have had a fairly dominant influence in the emergence of Indonesian Fiqh ideas, that the principles of Islamic law actually provide wide space for development and ijtihad- new ijtihad. The foundations of Islamic law that have been established so far, such as ijma’, qiyas, maslahah mursalah, ‘urf, and the principle of “change of law due to changes in time and place”, will actually reap discrepancies when there is no new ijtihad. The theory and method used in this article is a historical framework by using a comparative study of the Arabic madhhab and the Indonesian madzhab, thus finding a study of living fiqh with an Indonesian perspective.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115768525","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

Peran Lembaga Fatwa Wilayatul Faqih dalam Negara Islam Iran

El-Aqwal : Journal of Sharia and Comparative Law Pub Date : 2022-08-01 DOI: 10.24090/el-aqwal.v1i1.6783

Putri Amanah, Khoerul Anwar

{"title":"Peran Lembaga Fatwa Wilayatul Faqih dalam Negara Islam Iran","authors":"Putri Amanah, Khoerul Anwar","doi":"10.24090/el-aqwal.v1i1.6783","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i1.6783","url":null,"abstract":"The Islamic State of Iran is an Islamic state that adheres to Syiah and makes it a mazhab that must be followed by the entire Muslim community of Iran. This indicates the very strong influence of the Syiah sect in the country, so it is not surprising that the Wilayatul Faqih institution was formed which has an important role in the running of the Iranian state. The decision issued by Wilayatul Faqih is a decision that must be carried out by the government because the fatwa of the scholars contained in the institution is something sacred and cannot be denied so that indirectly the power of the Iranian state is in the hands of the scholars who are in the Wilayatul Faqih because of the large power that the institution has. The Wilayatul Faqih Institute was initiated by Ayatullah Koemaini as an important institution to be formed after successfully changing Iran’s democratic system to an Islamic state that adheres to Syiah. The institution has several functions, including providing fatwas, preserving Islamic law, advancing education, providing direction related to taxes, providing humanitarian services in general, and also many other functions that are the duties and functions of the institution, and the most important thing is serve as supervisors for government agencies.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132579914","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

Anak di Luar Kawin dalam Hukum Kewarisan Islam: Sebuah Ragam Perspektif dan Analisa 伊斯兰遗产法的私生子:一个多样化的视角和分析

El-Aqwal : Journal of Sharia and Comparative Law Pub Date : 2022-08-01 DOI: 10.24090/el-aqwal.v1i1.6778

A. Meidina

引用次数: 2