Islamic Studies Commons^™

Istbat Of Marriage Implementation For Marriage After Enactment Of Law No. 1 Of 1974, Baidhowi Baidhowi, Dian Latifiani

Journal of Islamic Law Studies

Itsbat of marriage reserved for marriage have not been recorded and the case before Law No. 1 of 1974 (Marriage Law). The problem arises when many marriages that have been performed and are not listed that under the Act including marriage under hand, confirmed that happened after Marriage Law, then how is marriage legitimacy? Statement of problems is how is Judge Consideration in the Religious Court Judgment No. 0011/Pdt.P/2016/PA.Mkd granted that itsbat marriage happened after enactment of Law No. 1 of 1974? This study uses normative legal research, critical and ana- lytical and many library research. The data collection method …

Legality Laws Against The Role Of Mosque As A Unit Management Of Zakat Management (Upz) A Strategic Way To Increasing Well-Being, Nurul Hikmah

Journal of Islamic Law Studies

Zakat is an obligation that should be adopted by a moslem to give a part of their wealth to pass (mus-tahiq) in accordance with islamic syariah. View the community of the existence of the institutions of amil and zakat (LAZ) has not so good, so people want to give (muzakki) more channel until the day own directly to mustahiq. One contributing factor is still less transparent and less well target-ed distribution hearts. Therefore, the need to improve the management of zakat is one solution to make the mosque as a unit zakat (UPZ) based on the collection and distribution of …

Accelerating Growth Through The Implementa-Tion Of Islamic Banking Governance, Lastuti Abubakar, Tri Handayani

Journal of Islamic Law Studies

Indonesian sharia banking industry’s growth chart shows a rising, albeit decelerating. Data published by the FSA indicates that Islamic banking accounted for 4.81% of market share to achieve the growth assets 11.97% as of June 2016. At the global level, the Islamic financial services sector including banking, control of 3% and together with Qatar, Saudi Arabia, Malaysia, United Arab Emirates and Turkey became the driving force of Islamic finance in the future. Based on the data above, efforts are needed to accelerate the growth of Islamic banking in both the national and global level to take advantage of opportunities that …

Default/Breach Of Contract Characteristics Of Mudharabah Financing In Sharia Banking, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro

Journal of Islamic Law Studies

One of financings channeled by Sharia Bank is mudharabah. The contract of mudharabah is a mutual agreement between the first party (malik, shahibul maal, or Sharia Bank) which supports the whole capitals and the second party (‘amil, mudharib, or Customer) which acts upon fund endowment by sharing the profit in accordance with the agreement stated in the contract, while the loss is fully covered by Sharia Bank unless the customer (mudharib) makes an intentional mistake, in negligence or violates the agreement. Mudharib in the contract of mudharabah acts upon amin (the trusted one). The capital given is a mandate being …

Peran Dewan Pengawas Syariah Dalam Pemenuhan Syariah Compliance Oleh Lembaga Keuangan Syariah, Abdul Karim Munthe, Ichsan Suryo Praramadhani, Rahmat Indera Satrya

Journal of Islamic Law Studies

Pengawasan pada lembaga keuangan syariah lebih banyak dibanding dengan lembaga keuangan bukan syariah. Lembaga keuangan syariah selain diawasi oleh Otoritas Jasa Keuangan (OJK), ia juga diawasi oleh Dewan Pengawas Syariah (DPS). Pengawasan yang dilakukan oleh DPS adalah untuk menjamin kepatuhan terhadap prinsip-prinsip syariah yang tertuang dalam fatwa Dewan Syariah Nasional (DSN) yang telah maupun yang belum diserap dalam peraturan perundang-undangan.

Namun pada praktiknya masih sering ditemukan lembaga keuangan syariah yang menjalankan usahanya tidak sesuai dengan prinsip syariah. Sehingga kondisi tersebut menimbulkan pertanyaan bagaimana sebenarnya peran DPS dalam melakukan pengawasan terhadap lembaga keuangan syariah. Pertanyaan tersebut penting untuk dijawab guna menjamin …

The Implementation Of Collateral In The Con-Tract Of Mudharabah Financing According To Act No. 21 Of 2008 On Sharia Banking And Dsn-Mui’S Fatwa, Mhd. Yadi Harahap

Journal of Islamic Law Studies

Contract of mudharabah financing is principally intended to meet the interests of businesses in terms of capital or additional capital to implement a productive business, between two or more parties. The problems of contract of mudharabah financing arises when owners of capital requires collateral to be met by businesses. Imposition guarantees in classical fiqh that developed by the mazhab of Imam that in terms of mudharabah financing, capital owners cannot demand collateral from businesses to recoup the principal or capital plus profit. If the owners of capital require the provision of collater-al from mudharib and make collateral as a condition …

Concept Of Tahkim In Indonesia For Islamic Busi-Ness Dispute Settlement, Daryanto Daryanto

Journal of Islamic Law Studies

In pre-Islamic Arabian, the Concept of Tahkim (arbitration) was known practiced to settle various types of civil commercial disputes. In Islamic law, the concept of Tahkim has not yet become the rule of Islamic law. But concept of Tahkim is still the ideology that can be developed into a basic validity of Arbitration. In the past period, the practice of, Tahkim was often done by the prophet’s friends. The concept of Tahkim in Indonesia is applied for Islamic business dispute settlement, for example Islamic Banking. Indonesia applies the concept of Tahkim which is called “Basyarnas” (Arbitration Institutions). Basyarnas is an …

Perbandingan Syarat Impeachment Di Dalam Un- Dang-Undang Dasar 1945 Dengan Pemikiran Imam Al- Mawardi, Catur Alfath Satriya

Journal of Islamic Law Studies

After reformation, constitutional structure of Republic of Indonesia has transformed fundamentally. People consultative assembly (MPR) is no longer as the highest of state institution anymore. Further- more, impeachment as one of the feature of presidential government system is regulated in new con- stitution. Before amendment, Indonesia has no rule of impeachment. So, impeachment is only based on political decision not law decision and it is not appropriate with rule of law principle. This article describe the comparison of impeachment requirement in UUD 1945 with impeachment requirement in Imam Al- Mawardi’s thought as a political islamic scholar.

Ruu Ketahanan Keluarga: Modifikasi Hukum Se- Bagai Upaya Mencapai Tujuan Hukum Islam Dalam Memelihara Keturunan, Muthmainnah Muthmainnah

Journal of Islamic Law Studies

Salah satu tujuan Hukum Islam menurut Abu Ishaq Al-Shatibi adalah memelihara keturunan. Tujuan tersebut merupakan salah satu tujuan yang sangat penting di dalam kehidupan manusia. Namun, upaya untuk mencapai tujuan tersebut mengalami beberapa hambatan yang ditunjukkan dengan tidak berfungsinya keluarga di masyarakat. Esai ini berusaha mengkaji salah satu RUU yang diprakarsai oleh Fraksi PKS DPR-RI yang telah disahkan menjadi RUU inisiatif DPR-RI periode 2015-2019 yai- tu RUU Ketahanan Keluarga. Perwujudan pembentukan peraturan perundang-undangan merupakan hal yang penting bagi Indonesia sebagai negara hukum. Salah satu bentuk peraturan perundang-un- dangan yang sangat penting dalam kehidupan bernegara adalah undang-undang. RUU Ketahanan Keluarga dibutuhkan …

Tinjauan Kawin Hamil Dalam Perspektif Hukum Islam, Fahrul Fauzi

Journal of Islamic Law Studies

Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. Basically, in the opinion of some scholars from the origin of the law of marriage if connected with al-ahkam al-khamsah is permissibility or ibahah. But marriage as a condition to meet the needs of physical life (biological needs) is often bypassed. The fact that there is currently increasingly widespread premarital sex. One of the effects of premarital sex is pregnant out of wedlock. The practice in …

Perkawinan Dalam Hukum Adat Baduy Dan Perkawinan Dalam Kompilasi Hukum Islam, Muhammad Muslih

Journal of Islamic Law Studies

This research explains about marriage regulated in Baduy traditional law and marriage regulated in Islamic Law Compilation (KHI).

This research uses the Normative Sociological and Juridical Empirical research methods. This research is descriptive analytical and uses Primary Data Sources and Secondary Data Sources. Sources of data used were obtained from Library Research. Interviews of the Baduy community and field observations to the Baduy area were also carried out to obtain the data needed for this research.

The results of this study indicate that there are many differences between the existing marriage regulations in Baduy customary law and the marriage regulations …

Pendekatan Konsep Ta’Awun Dalam Siyar Terhadap Konflik Tumpang Tindih Kedaulatan Wilayah Udara Dan Flight Information Region: Alternatif Penyelesaian Kasus Tumpang Tindih Wilyah Udara Indonesia Dan Flight Information Region Singapura, Djarot Dimas Achmad Andaru

Journal of Islamic Law Studies

Islamic law as a law that applies universally, has governed relations between people and between state institutions that cross national borders. One of the principles of international law or Siyar in Islam is the principle of ta'awun, which is a principle of cooperation or help between countries to achieve common good. Conflicts of interest in overlapping air sovereignty territories and the Flight Information Region between Indonesia and Singapore are one example of the disharmony of the practice of modern international cooperation in the management of air and air navigation safety, which is based on an instrument of international cooperation. The …

Pemungutan Dan Pendistribusian Dana Zakat Di Provinsi Banten Menurut Undang-Undang Nomor 23 Tahun 2011 Tentang Pengelolaan Zakat, Palmawati Tahir

Journal of Islamic Law Studies

No abstract provided.

Analisis Praktik Akad Ijarah Muntahiyah Bi Al-Tamlik Dalam Lembaga Pembiayaan Syariah Di Indonesia, Nunung Rodliyah, Ledy Famulia, Ade Oktariatas K

Journal of Islamic Law Studies

Awareness of muslims as a people the majority of the population to behave in islamic is one reason the development of syariah banking in indonesia. Significantly, in defending its existence, islamic banking industry continued to innovation for shariah products, in accordance with society development one of the Islamic banking products is ijarah muntahiyah bi al-tamlik. The ijarah muntahiyah bi al-tamlik contract is one of the relatively new contracts, because it combines several types of contracts in a contract.

For some of these reasons, the authors are interested in discussing more about the legal aspects of the ijarah muntahiyah bi al-tamlik …

Jual Beli Berdasarkan Kitab Undang-Undang Hukum Perdata Dan Hukum Islam (Al Qur’An-Hadist) Secara Tidak Tunai, Mohamad Kharis Umardani

Journal of Islamic Law Studies

This study aims to analyze the sale and purchase regulation contained in the Indonesian Civil Code (KUHPerdata) and Islamic law from Al Quran and Hadith, also the solution of the problem of sale and purchase by credit either in Indonesian Civil Code (KUHPerdata) and Islamic law. These studies are descriptive analytical method using normative juridical approach to statute approach. Indonesian Civil Code regulates the Sale and Purchase on article 1457, a sale and purchase is an agreement, by which one party is bound to deliver a certain matter, for which the other party shall pay a stipulated price. Islamic law …

Isbanban Foundation Volunteers During The Covid-19pandemic: Activities & Innovation, Ariza Bima Putra, Puspitasari Puspitasari

Journal of Strategic and Global Studies

ISBANBAN is an educational driving foundation in Banten that arranges programs to achieve curriculum goals in schools through 21st Century Skill that elaborates and encourages the ability of fostered to master the skills of Communication, Collaboration, Critical Thinking and Creativity for children aged 4 - 12 years old. Since the Covid-19 pandemic and the adoption of large-scale social restrictions and physical distancing by the government, this affected the voluntary activities carried out at Isbanban Foundation. Therefore, the purpose of this study is to obtain information about the ISBANBAN volunteers activities in Banten during this covid-19 pandemic, as well as innovative …

Islamic Bussiness Concept In Facing Moral Hazard Of Mudharabah Financing In Indonesia Islamic Banking (Perspective: Asymetric Information Theory), Ummu Sholihah, Nur Fatwa

Journal of Strategic and Global Studies

In the contract of financing much-needed information asymmetry between the owners of capital (shahibul mall) and the manager of the capital (mudharib) in order to achieve common interests. One of the indicators that lead to moral hazard is due to asymmetric information or dissimilarity of information provided, and influential in the contract of financing. In a Mudharabah financing contract, between shahibul mall and mudharib provide information asymmetry in favor of the creation of a common interest. This study is a literature with an approach that combines the philosophical and phenomenological approach to look deeply about the …

Hate Speech In Election 2019: Case Study Of Youth Organizations, Harsih Setiawandari, Adis Imam Munandar

Journal of Strategic and Global Studies

Technology advance such as social media utilization to communicate, to express opinions, to interact with each other, and to discover and share information, but this also has its own susceptive. Its positive effect, social media can be used to accelerate the spreading of information, but the negative effects are the spreading of radical ideas, hate speech, hoaxes, etc. which can threaten the national defense and the sovereignty of the Republic of Indonesia. This research used complex models and a limited amount of samples so that in the data analysis using Smart-PLS software. Smart-PLS using the bootstrapping methods or random multiplication. …

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …

Study On The Implementation Of The Regulations Of Terrorism Activities In Social Media, Angga Dewanto Basari, Muhammad Syauqillah, Asep Usman Ismail

Journal of Strategic and Global Studies

The legal scope of the Terrorism Law and the Information and Electronic Transactions Law in Indonesia is considered as lacking to cover the problem of cybercrime in social media. Aside from literature review, this paper is also supported by data from direct interview with the Head of Counterterrorism Special Detachment 88 (Densus 88 AT) of Indonesian National Police. The data found out that the Terrorism Law is a repressive response towards terrorism crimes that have already occured, but less preventive to future crimes. The existence of laws in Indonesia is often one step behind its crime. The difference of perception …

The Effect Of Islam, Millennials, And Educated Voters To Anies-Sandi Victory Of 2nd Round Dki Jakarta Governor Election In 2017, Riffal Ruchiandrean, Palupi Lindiasari Samputra

Journal of Strategic and Global Studies

The aim of this article is to recognize the factors of voters that have impact to Anies-Sandi victory of 2nd round DKI Jakarta governor election in 2017. The factors that being tested are Islam voters, Millennials voters with the range of age around 21 to 40 and educated voters which voters with minimum education are senior high school in 2017. This research is quantitative research with secondary data using multiple linear regression analysis to get the empirical result. The result of this research shows that Islam, Millennials and Educated voters are simultaneously significantly impact to Anies-Sandi victory. While Islam and …

Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal

Journal of Islamic Law Studies

The rise and implementation of Fintech is a result of the formation of lifestyle and consumptive behavior. This pattern of consumption behavior bases the use of commodities on desire and not on need. This happens because people continually want to complete their desire to own or use something that is beyond their needs even though they are still financially unable. One of the behaviors was exploited by Fintech, which provides financing services illegally. Illegal Fintechs are considered dangerous because they are not subject to and comply with existing regulations so that the potential deviation in the implementation process can be …

Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam, Ira Apriyanti

Journal of Islamic Law Studies

Home is one of the primary needs that must be reached. The importance of sufficing these needs causes the demand for homes is increasing every year. Compared to 2018, the growth of Home Ownership Loans (KPR) in January 2019 increased by 147 basis points (bps) from the original 10.89% to 12.36%. It is estimated that credit growth is expected to increase in line with optimism about the strengthening monetary and economic conditions, supported by the risk of lending that is relatively well maintained. But to fulfilling these needs, not every person can easily buy a house in cash. As a …

Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam

Journal of Islamic Law Studies

No abstract provided.

Investasi Syariah Dalam Rangka Menegakan Prinsip Syariah, Nur Alim Arrazaq

Journal of Islamic Law Studies

No abstract provided.

Tinjauan Hukum Islam Terhadap Larangan Kawin Sasuku Di Masyarakat Minangkabau, Vidya Nurchaliza

Journal of Islamic Law Studies

Customs in Minangkabau are known as customs that are along with Islamic norms. Almost all cultures in Minangkabau are Islamic teachings that are followed by the majority of the Minangkabau people. However, there is one custom that causes polemic in the community, namely the prohibition of marriage of Sasuku. Whereas in Islamic Law there are no prohibition of marriage with one tribe. On the other hand, according to Indonesian marriage law, a legal marriage is a marriage made according to the religion and beliefs of the bride and groom. This research was conducted using the normative juridical method of secondary …

Tinjauan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Konstitusi Yang Islami, Raihan Hudiana

Journal of Islamic Law Studies

The Constitution as a form of collective agreement is an important document containing values to be the highest referral system in regulating the life of nation and state. Looking at the sociological fact that Muslims are the majority in Indonesia, the spirit that was built at the beginning was to ensure the absolute necessity of how the basic values and main concepts of Islam can be fulfilled, while keeping in mind the needs and ensuring the rights of people from other religions. The view of some Muslims who assume founding father Indonesia has injured the spirit of the struggle of …

Quo Vadis Hukuman Pidana Kebiri Kimia Bagi Pelaku Kejahatan Seksual Pada Anak Di Indonesia, Ainunnisa Rezky Asokawati

Journal of Islamic Law Studies

Sexual assault committed against children become one of the polemics in the society. The government as the state protector accommodates the polemic by making the law in form of Law Number 17 of 2016 concerning the Stipulation of Government Regulation in place of Law Number 1 of 2016 concerning Second Amendment to Law Number 23 of 2002 concerning Child Protection. The regulation accommodated the society’s need by arranging punishment for the perpetrators of sexual assault affecting children cases. Article 81 of Law Number 35 of 2014 in the form of first amendment to the Child Protection Law concerning criminal threats …

Factors Supporting Turkey’S Policy To Purchase Russian S-400 Anti-Air Strike Defense Units, Chendika Yonanda, Maryam Jamila, Zulkifli Harza, Ilman Syarif Masri

Journal of Strategic and Global Studies

Turkey is a member of the NATO military alliance since 1952, as a member of NATO, cooperation between Turkey and Russia invites counterparts from other NATO alliance countries. But even with criticism, Turkey continues purchasing S-400 from Russia . Therefore, this study aims to analyze the factors that support Turkey's policy on purchasing S-400.This research is a descriptive research through internet-based literature.Turkey's policy in purchasing S-400 analyzed using the concepts of Arms, Alliances and Security Tradeoffs proposed by James D. Morrow. James stated that there are three factors that influence the state to conduct arming; economic & military technological factors, …

Dialogue Between Islam And Environtmental Ethics Through The Seyyed Hossein Nasr Thought, Aulia Rahman Nugraha, Naupal Asnawi

International Review of Humanities Studies

Islam is often regarded as a religion that teaches anthropocentrism through the concept of the caliph in which humans occupy a central position on earth. However, the concept of the caliph itself is a complex concept where the special status of humans always implies a moral obligation. Through alternative explanatory methods and critical reflection, the authors try to clarify the concept of the caliph and show the teachings of Islam that are environmentally friendly through the thought of Seyyed Hossein Nasr. Philosophy and environmental ethics of Nasr have two major projects, namely the resacralization of nature and the clarification of …