Islamic Studies Commons^™

Memunculkan Kembali Siyar: Hukum Internasional Islam, Heru Susetyo

Journal of Islamic Law Studies

Islamic law is a complete and comprehensive law which encompassess all human affairs either in civil or public affairs. Islamic international law or siyar is a branch of Islamic law which regulate international affairs is among the topic which is frequently forgotten in Islamic discourse both in Indonesia or or other countries. Also in Indonesia where Islamic Law have been existing for centuries but mostly in civil affairs.

This paper, therefore, would like to explore and discuss the siyar, as islamic international law from historical perspective, legal perspective and its relation to secular international law in regards to humanitarian law, …

Reintegrasi Konsep Maqashid Syariah Dalam Adat Basandi Syara’, Syara’ Basandi Kitabullah, Zelfeni Wimra

Journal of Islamic Law Studies

This article discusses the concept of reintegration in the implementation maqashid sharia of the cus- tomary law: Adat Basandi Syara’, Syara’ basandi Kitabullah (ABSSBK) in Minangkabau cultural region. This paper provides a scientific answer, how it should be, in practice, maqashid sharia as an integral part in ABSSBK. Methods of collecting, to analyze, and to interpretation data using compar- ative literature. The basic values compared with the concept of maqashid sharia ABSSBK. The result was found, that the terms of syara’ contained in philosophy ABSSBK have the same characteristics with maqashid sharia, but the device has not formulated detailed practical. …

Effectiveness Of Mediation In The Dispute Resolution Of Islamic Economics In Indonesian Religious Courts, Ro’Fah Setyowati, Dewi Nurul Musjtari, Indah Susilowati

Journal of Islamic Law Studies

Mediation is a mandatory procedure in the resolution of civil cases in the courts since 2003. In the implementation of the Islamic banking dispute settlement after the Constitutional Court decision No. 93 / PUU-X / 2012 in the Religious Courts, mediation mechanisms demonstrates increasing success, to an average of 10%. Based on this phenomenon, it is important to do research to know the depth of the effectiveness of mediation in the settlement of disputes in the Indonesian Religious Courts. This study aims to discover the reasons for the selection of mediation as a dispute resolution mechanism syariah economic cases, and …

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 …

'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 …

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

Faculty & Staff Publications

No abstract provided.

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.

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 …

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.

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 …

مفهوم الإيلاء ونماذج من تطبيقاته في الفقه الإسلامي, الدكتور حمدي فهد محمد

Midad AL-Adab Refereed Quarterly Journal

What we have mentioned in the pages of this research humble was one of the topics, which dates back to the family system, which is Anbthaqh the heart of the community because the family and its regime and interest basis in building a healthy society clean, and the subject is a model of provisions household repaired Sharia built and processed and placed Vosalehtha without abolish though they exist in previous eras of Islam and carry with them arbitrarily apparent has shown Sharia this ruling and gave the man a space no more than them because this period due to the …

آيات العتو في القران الكريم دراسة موضوعية, د. هندي عبيد مخلف

Midad AL-Adab Refereed Quarterly Journal

Standing this research to giving the ferocity pronunciation in verse Al- Koran , there studying objectivism study to show Koran meaning for objectivism verse with all part and research project show in the introduction with prelusion and three part , final part containment important result .

1. Prelusion contain the definition verse phonetic custom and language .
2. First part : contain pride and barren Camel .
3. Second part : contain shafting infidelity aberration fate
4. Third part : contain village inhabited fate . However , the result we find in this research show as instrumentalist .
5. Gathering symmetrical phonetic at the same …

أصول الرواية عند الصحابي الجليل رافع بن خديج "رضي الله عنه" دراسة تحليليه لمنهجه, د. فاطمة زبار عنيزان

Midad AL-Adab Refereed Quarterly Journal

It offers surmise that for Rafi Ben premature "may Allah be pleased with him" great location in Islam from its birth at the beginning of the mission of the Prophet, and had actively participated in most of the invasions, which was attended with the Prophet "peace be upon him," but of the Prophet "peace be upon him" impact the largest in the genius and Cservh accompanied the Prophet "peace be upon him, and save the Sunnah supervisor, and emerged at the amount of rhetoric in the performed narrated many which had a value of a large and significant impact through …

رسالة أربعون حديثاً في فضائل المدينة المنورة للشيخ محمد بن أحمد الأخصاصي ـ رحمه الله تعالى ـ, الدكتور صفاء جعفر علوان الخزرجي, الدكتور عامر شاكر عبد الجنابي

Midad AL-Adab Refereed Quarterly Journal

Do not hide the importance of the Sunnah and the importance of learning and education, has the honor of God talk and preferred to his family and the highest stature and wisdom on each bee and foot on each flag and raise Male from him, and in our hands some left our scientists of the heritage of values, represent manuscripts that have reached us, and the number of many different messages which have not received adequate care just like big books that have received carefully graduate students, as well as the difficulty in obtaining copies of these letters for many …

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 …

The Muridiyya On The Move : Islam, Migration, And Place Making, Cheikh Anta Babou

Ohio University Press Open Access Books

Highlights the role of transnational space making in the construction of diasporic Muridiyya identity.

The construction of collective identity among the Muridiyya abroad is a communal but contested endeavor. Differing conceptions of what should be the mission of Muridiyya institutions in the diaspora reveal disciples’ conflicting politics and challenge the notion of the order’s homogeneity. While some insist on the universal dimension of Ahmadu Bamba Mbakke’s calling and emphasize dawa (proselytizing), others prioritize preserving Muridiyya identity abroad by consolidating the linkages with the leadership in Senegal. Diasporic reimaginings of the Muridiyya abroad, in turn, inspire cultural reconfigurations at home.

Drawing …

The Uighur Genocide, Karlee Gordon

Showcase of Osprey Advancements in Research and Scholarship (SOARS)

Honorable Mention Winner

International Research Symposium Exhibitor and Project of Merit Award Tensions have surfaced between the Chinese Communist Party (CCP) and their Muslim ethnic minority, the Uighur, as the CCP attempts to deconstruct their religious identity in exchange for a nationalist allegiance. Militarization of Uighur land, anti-Muslim legislation and detainment of the Uighur into re-education camps reveal the extremes the CCP will take to eliminate the Uighur’s influence. The CCP’s harsh measures bring to question the extent the authoritative regime will allow its population religious freedoms. As Chinese history, recent legislation, and Uighur socialization is analyzed, theories are presented …