Law Fiqh Research Articles

LETTER OF CREDIT (LC) DALAM PERSPEKTIF FIQH DAN ALTERNATIF LC DALAM BANK SYARI’AH

Fiqh Islam has characteristics that are always relevant to be applied in every changing era, because it has a solution to the problematic mu`amalah contemporary. Letter of credit is one of conventional bank products in contemporary mu'malat which we need to study fiqh law, whether it can be justified syara 'or not.
 This article discusses the substance and application of the “Letter of Credit/ LC”, then reviewing on the fiqh law, because it is said in a rule "al hukmu 'ala syai'in far'un' an tashowurihi" (law against a problem is part of the description). Next we will discuss alternative “Letters of Credit/ LC” practices offered by Islamic banks, because Allah does not forbid anything except to give ahalal and better substitute that can benefit humankind in the world and the hereafterKeywords: Letter of Credits, Fiqh Law

A Survey of Discretionary Position in Fiqh and Objective Law

Discretionary is Chastisement and Punishment that its type and amount has not been determined in the law and Fiqh (Islamic law), and is at the discretion of ruler, or in more correct word, is at the discretion of the judge; Since, according to Article 4 of the Iranian constitution, the laws should be originated from Fiqh, arranged discretionary in Islamic Penal Code and Fiqh is same in many cases. This article tries to investigate discretionary characteristics in the Penal Code and Fiqh; and answer to this problem that, prescribed discretionary in law and Fiqh, to what extent are aligned and have similar dimensions to aforementioned characteristics.

Keadilan Jender dan Sanksi atas Istri dalam Hukum Formal Keluarga Islam

The objective of this research is to prove that regulations on the imposition of sanctions from gender based justice perspective has yet to bring justice. In addition, regulations concerning sanction charge are still accommodating pro- visions set forth in fiqh laws. In practice, judges have toiled on women protec- tion; however, as long as the regulations remain unchanged, justice for women cant be truly upheld. This issue has actually sparred discrepancies among scholars. This research focuses on the exploration of some issues, such as in what do- mestic issues women of Islamic family will be liable for sanctions and how such sanctions will be analyzed from gender based justice perspective. This research found out that there is equality in Islamic law. It can be seen from the sanctions charged to women in the case of nushuz, divorce, and khuluk even though, in reality, there are some decisions made by Religious Court, which do not reflect justice values especially for women if it is reviewed from gender perspective in Indonesia. This research is a qualitative study corroborated with descriptive analysis based on textual reviews. Methods adopted for this re- search is that of normative legal research.Kata Kunci: Kekerasan, Nushuz, kesetaraan, keadilan, jender

Motivating Factors to Breastfeed an Adopted Child in a Muslim Community in Malaysia

Breast milk is the best milk for babies. Breastfeeding is not exclusive to biological mothers only, it is relevant to adoptive mothers too. Women who have never given birth are also able to produce breast milk by following induced lactation method. According to Islamic fiqh law (jurisprudence), woman who breastfeed a child who is not her biological child will be mahram to her nurse child. Therefore the aim of this study is to examine the motivating factors to breastfeeding a foster child in a Muslim community in Malaysia. This is a qualitative study using case studies and grounded theory. A total of 12 foster-mothers whom have successfully breastfed their foster children by induced lactation method were involved in this study. The method of collecting data is semi-structured interviews. Qualitative data were analyzed using QSR NVivo Version 10 software using the techniques of content analysis, word based analysis and code based analysis. This study found, the main motivating factor for a foster-mothers to breastfeed her foster child is to build a mahram relationship with her foster child, followed by the maternal instinct, psychology, nutrition, technology, offspring and obligations. Breastfeeding a foster child in the context of a Muslim community in Malaysia aims to achieve two objectives: Islamic tenet (syariat) and goals of humanity. Both of these goals are linked by science i.e. induced lactation technology. This study proves that a Muslim foster-mother can apply induced lactation as a way to build a fosterage (milk kinship) relationship with her foster child which ultimately facilitate in their family life.

Al-Qarinah: antara Kekuatan dan Keperluan dalam Mensabitkan Kesalahan Jenayah (Zina)

Justice is the ultimate objective of any judiciary system. The absolute justice is only belongs to Islamic judiciary system. However it is highly dependant on the quality of the implementation methodology that man could produce. In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Some of the methods are unanimously accepted while some others are not unanimously accepted. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The Islamic law is actually dynamic. The dynamism lies on its flexibility, which is the main characteristic of the law itself. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The development in science and technology has changed the human civilisation and perception towards life. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. coupled with the more complex criminal behaviour, demand us to take a detailed and in-depth study to determine the status of al-qarinah in the contemporary Islamic judiciary system in order to make sure an Islamic law is relevant and effort to give a justice and positive perception among nation toward Islam.

Political Science in the Legacy of Classical Islamic Literature

In my own limited knowledge I know of no specialized studies in ourclassical legacy which could be described today as political thought, or astreatises on political systems, international relations, systems of government,the history of diplomacy, political development, methods of political analysis,political theory, political planning, or any of the other categories currentlystudied as a part of contemporary knowledge.Nonetheless, many of the issues discussed on these subjects were treatedin the classical legacy through the medium of fiqh (laws of Islam), whichin its long history touched upon many of the subjects studied today in thesocial sciences. Likewise, many of the questions dealt with in the field ofpolitical science were addressed by the early scholars of Islam within theframework of their writings on classical Fiqh of al Ahkam al Sultaniyah (thePrecepts of Power). Perhaps the book written by Shaykh Ibn Taym-yah, alSiyasah al Shar’iyah, was one of the most distinctive efforts in this directionas well as the book by al Khatib al Iskafi, Lutf al Tadbir, which also dealtwith certain issues which remain relevant today. Similar to such works areSuluk al Malik Fi Tadbir al Mamalik, Bada’i al-Silk, and others.These works show that the meaning of politics to the Muslim mind, andas envisioned by Islam, involves making arrangements for mankind inaccordance with the values prescribed by Allah (SWT) for the realizationof His purposes in creation, and in fulfillment of the trust of vicegerency,the duties of civilization, and the responsibility of the Ummah to act as awitness unto all mankind in its capacity as the “Middlemost Nation.”“Making arrangements” includes reading the past and learning its lessonsas well as interpreting, understanding, and analyzing the present in the lightof those lessons. Other elements included in “making arrangements” areplanning for the future and benefiting from all scientific knowledge that clarifies ...