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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 …

Spiritual And Moral Education Of The Growing Generation, Timur Sattarov, Akmaral A. Batayeva, Akbarhan Dauletali

The Light of Islam

The topic of the spiritual and cultural formation of the younger generation at all times has been the subject of close comprehension of philosophers, religious scholars, teachers, representatives of many ethnic groups who study it. Each ethnic group developed certain methods of education (training and upbringing) of young people, the formation of its spiritual and cultural appearance. Different cultures: eastern and western, have developed their models, standards of education, spiritual and cultural development, and upbringing, in which both universal and specific ethnonational aspects are present.

The article considers the problem of spiritual and moral education of the younger generation of …

The Role Of Education In Protecting Youth From Destructive Ideas, Durbek Rahimjonov

The Light of Islam

Currently, in the era of globalization, one of the urgent tasks facing the intelligentsia is to educate young people in the spirit of patriotism, respect for national and religious values by using the rich spiritual heritage of our ancestors. To achieve this goal, it is important to study the inner world of a person, take into account his psychological state, along with the use of wisdom and correct life instructions, reflected in written sources.

The article pays special attention to the fact that the knowledge taught to young people should be focused on the development of high morality in them, …

The Concept Of Ijara In Islam And Its Role In The Regulation Of Social Relations, Mamurjon Erkaev

The Light of Islam

This article examines issues related to the lease agreement in socio-legal relations in Islamic law.

An important aspect of the study of this topic is that along with the regulation of socio-legal relations between people, it will be a solution to today's pressing problems in the field.

In the scientific article, the lexical meaning of the word "rent" was discussed on the basis of information provided in dictionaries, encyclopedias and other sources. Not only the opinions of the mujtahids of the Hanafi school, but also the opinions of the faqihs of other schools of the Ahl as-Sunnah wa'l-Jama'ah on its …

The Impact Of Islam On Sociopolitical And Spiritual Life In Central Asia, Ilhomjon Bekmirzaev, Irodaxon Gafurova

The Light of Islam

The authors, based on reliable sources and third-party studies, for the first time provide information that Central Asia, being an independent state entity, is one of the civilizations of the region, despite the anthropological, social, political, linguistic, religious and other changes that have taken place in it. for centuries, in the course of centuries of development, it has formed its own specific laws and principles. The author also argues the position that in the cities of Bukhara and Samarkand, which were considered central in the region, national values formed the basis of Islamic civilization. An analysis of primary sources and …

The Knowledge And Use Of Multi-Tiered System Of Supports Tier 1 Behavioral Management Strategies By Teachers In Saudi Arabia When Students With Behavioral Challenges Are Included In The Classroom, Jehad Abdullah Alnoaim

Dissertations

The purpose of this study was to investigate the knowledge and use of Tier 1 interventions found in the MTSS literature by general education (GE) elementary school teachers when students with behavioral challenges are included in their classrooms. The researcher utilized a purposive sampling procedure and targeted teachers from the Hail Region School District in Saudi Arabia. A 98-question survey consisting of five sections was used to measure the variables as presented to obtain data from 95 Saudi Arabian general education elementary school teachers. It focused on four themes: (a) Teachers’ Perceptions of Inclusion of Students with Challenging Behaviors; (b) …

This Is Not That Dawn: The Individual And International Sorrows Of The Partition Of India, Basmah Arshad

2021 Spring Honors Capstone Projects - Archive

In August 1947, British India became two independent states: India and Pakistan. Historians refer to this event as “the Partition,” and acknowledge that it became an incredibly violent event in which upwards of two million people – men, women, and children – lost their lives due to decisions made by statesmen. The Partition has been described in accounts and statements of politicians or other public figures. This project takes that existing historical literature and builds upon it using oral histories collected by the 1947 Partition Archive organization and the Partition Museum located in Amritsar, India. As of November 2019, there …

Finding The Object Of Study: Islamic Studies In Practice, Jonas Otterbeck

Faculty & Staff Publications

No abstract provided.

'Here We Start And In Jerusalem We Meet:' The Motivational And Organizational Influences Of Israel's Statehood Ontransnational Salafi Jihad, Charlotte Armistead

Honors Theses

The Israeli occupation of Palestine and its impact on the proliferation and longevity of transnational Salafi jihad is largely underestimated in current literature. In this thesis, I argue that Palestine, defined as both the nation and physical borders before the Balfour Declaration, largely contributed to the twentieth century revival of transnational Salafi jihad and is used by both Al Qaeda and ISIS as liberation and annihilation movements, respectively. In order to assess the motivational and organizational influences of the Israeli occupation of Palestine on transnational Salafi jihad, I examine the works of Abdullah Azzam, a selection of Osama Bin Laden’s …

The Significance And Validity Of Domestic Altar Spaces, Destiny M. Barktyoumb

Undergraduate Theses and Capstone Projects

Sacred spaces across different cultures and religions are important to establishing and maintaining a connection with the divine. Institutionally recognized sacred spaces offer a sense of unity and purpose. Local public spaces offer a sense of connection and community. Domestic home spaces offer a sense of intimacy and belonging. Having a sacred space within the home can be integral to maintaining a spiritual or meditative practice, as well as offer a momentary escape from the outside world. Home altars are an important type of sacred space where everyday objects and spaces are transformed into sacred objects and spaces. It is …

Shattering Or Supporting Stereotypes? Examining Gender In/Equality In English Language Textbooks In Brunei, Rommel Curaming, Sharifah N. H. Alkaff

Journal of International Women's Studies

This paper examines the representation of gender relations in textbooks used to teach the English language in public secondary schools in Brunei. The country is currently ranked 95th in the World Economic Forum (WEF)’s 2020 Global Gender Gap Index among 153 countries analysed. This fact seems to suggest that there is a significant gender gap existing in the country. As textbooks used in schools are considered among the most potent tools for promoting gender in/equality, they deserve to be examined in detail. Using Content Analysis and Critical Discourse Analysis (CDA) as methods of analysis, this paper seeks to address the …

Batik Rifa'iyah Sebagai Dokumen, Rusdan Kamil, Dian Novita Fitriani, Khusnul Khatimah

Jurnal Ilmu Informasi, Perpustakaan, dan Kearsipan

Batik is a work of visual art in the form of traditional clothing, and intangible cultural heritage has become an inseparable part of the daily life of the Indonesian people. One of the motives is the famous Rifa'iyah batik with a pattern inspired by the teachings of Sheikh Ahmad Rifa'i which shows evidence of the beliefs, deeds, and identity of Sheikh Ahmad Rifa'i's followers. In this study, the author aims to discuss Batik Rifa'iyah as a document using conceptual analysis based on document theory such as the concept of meaningful, indexicality, and documents as a broader system to explore the …

More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins

Honors Theses

This thesis examines the role of violence in Iraq in establishing the current Iraqi state. My chapters provide historical and theoretical context to the subject before getting into the analysis. The goal of this thesis is to show that violence in Iraq is not only caused by sectarian differences, but has been used and influenced by leaders, outside governments, and non-state institutions for personal gain and political goals at the cost of the Iraqi people.

Islamic Cultural And Arabic Linguistic Influence On The Languages Of Nusantara; From Lexical Borrowing To Localized Islamic Lifestyles, Choirul Mahfud, Rika Astari, Abdurrohman Kasdi, Muhammad Arfan Mu'ammar, Muyasaroh Muyasaroh, Firdaus Wajdi

Wacana, Journal of the Humanities of Indonesia

This article reviews the breadth of the influence of Arabic on the languages of Nusantara, from the early arrival of Islam in the archipelago to the modern era.1 Focusing on both linguistics and culture, we pay attention to precolonial exchanges, regional languages – in particular Bima, Sasak, Javanese, Sundanese, and Bugis – and the recent influence of Arabic and Islamic culture on the development of technological products, Islamic financial systems, and Islamic lifestyles in contemporary Indonesia. From era to era, Arabic has not only played a role in enriching the vocabulary of the languages of Nusantara, it has also contributed …

Pilgrimage To Bawakaraeng Mountain Among The Bugis- Makassar In Indonesia: A Contestation Between Islamic Identity And Local Tradition, Mustaqim Pabbajah, Irwan Abdullah, Hasse Jubba, M.Taufiq Hidayat Pabbajah, Zainal Said

International Journal of Religious Tourism and Pilgrimage

This study discusses the contestation of Islamic identity and local traditions of the Bugis-Makassar people in socio-religious life. Tradition contains a belief with form and practices that can still be traced to the present. In this case, the identity of the hajj pilgrimage attached to Muslims has been adapted to the Bawakaraeng Hajj community in the South Sulawesi region. The current research employed a qualitative descriptive approach and field-based data collection techniques by conducting observations and interviews with key informants about the Bawakaraeng community. It was found that the Bugis-Makassar practice of carrying out a series of rituals on the …

Islamic Hotel Indicators: A Bibliometric Study, Aam Slamet Rusydiana Mr, Fatin Fadhilah Hasib, Solihah Sari Rahayu

International Journal of Religious Tourism and Pilgrimage

This study reviews research on the theme of Islamic-based hotels in reputable journals. It uses bibliometric analysis of a selected 67 articles related to Islamic hotels published by national and international journals. The entire sample of journal publications have been published in the ten years from 2011 to 2020. The results show that in researching Islamic hotels, case studies are dominated by Malaysia, following by Indonesia. Network visualisation shows that the development of Islamic hotel research is divided into 4 clusters. Furthermore, based on the concept of Imam Shatibi’s higher objective (Raysuni, 2005), the indicators for Islamic-based hotels can be …

Hajj Investment Fund: A Bibliographic Study Of The Hajj Economy, Aam Rusydiana, Muhammad Syafii Antonio, Aisyah Assalafiyah, Akhmad Yusup

International Journal of Religious Tourism and Pilgrimage

This study explores the development of research on the hajj’s economy (pilgrimage) published in reputable journal papers. The data analysed included more than 66 indexed research publications. The entire sample of journal publications has been published during the 18 years from 2003 to 2020. The export data is then processed and analysed using the VOSviewer application to determine a bibliometric map of the research’s development. The results show that the number of publications on the development of hajj’s economic research from 2003-2020 experienced a fluctuating increase, and most papers were published in 2019 with 15 articles (22,7%). Network visualisation showed …

Exploring Muslim Tourist Needs At Halal Spa Facilities To Support Indonesia’S Sharia Tourism, Mutimmatul Faidah, Hery Rusmanto, Lilik Rahmawati, Nia Kusstianti, Fifi Putri Wijayanti

International Journal of Religious Tourism and Pilgrimage

This study reviews Islamic laws related to body spa services and describes the spa facilities which Muslim tourists need. This descriptive qualitative study involved spa consumers, owners, therapists, and religious leaders. The data were collected using interviews, focus group discussions, and observation. This study was analysed via Maqasid al-Shariah (the objectives of Islamic law) and the Classification of Benefits based on Shariah theory. The results show that the process and purpose of spas should be for the sake of maslahah (public interest). Based on Maqasid al-Shariah (the objectives of Islamic law), spa services benefit the Hifd al-‘Aql (preservation of intellect) …

The Impact Of A Sustainable Muslim Model On Community Development With Special Reference To Religious Tourism, Tariq H. M. Elhadary

International Journal of Religious Tourism and Pilgrimage

This paper uses the descriptive qualitative approach to answer questions about how a Sustainable Muslim Model (SMM) could work as a new approach to developing and sustaining communities. This study embraces the textual analysis method to examine the prevailing published research in the context of sustainability and community development. A number of scholars have approved this textual analysis method as a tool to study religious texts.

The purpose of this paper is to give an overview and discuss the status, issues and challenge of community development in tourism. As religious tourism is gaining more ground over time, the need to …

Systematic Literature Review On Islamic Endowment Funds (Waqf) Between Years 2016 To 2020, Ramdani Ramdani

Library Philosophy and Practice (e-journal)

This study presents a Systematic Literature Review (SLR) related to the Islamic Endowment Fund (Waqf) contained in reputable journals indexed by the Australian Business Dean Council (ABDC). The choice of articles began with a search for articles related to waqf and found 538 articles related to waqf. After a series of the selection process was carried out, there were only 20 articles. The research stages divide into three parts, namely planning, conducting, and reporting. SLR research in this waqf is interesting because we will know where the research position is currently developing.

Unity On The Surface, Laura Spinelli

Prologue: A First-Year Writing Journal

No abstract provided.

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 …