Islamic Law Experts Research Articles

Hukum Keluarga Islam Di Brunei Darussalam

This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.

Vtube Application Business in the Perspective of Sharia Economic Law

The pro-contra of Islamic law experts related to the vtube business are interesting to studies. Therefore, this paper examines about the business processes of the vtube application and a review of Islamic Economic Law on business on the Vtube application. This literature research uses a qualitative approach. Sources of data are documents, books, informants on the internet and Islamic Economics experts. analysis technique using content analysis. The results showed that, vtube is an application issued by PT Future Tech Indonesia which works only by watching 10 advertisements with a profit of 0.3 dollars / day. The number of vtube followers has reached 100 million downloads. Vtube business registration is very easy and free. The benefits of members can be obtained from watching 10 ads per day for 40 days which can be exchanged for money. While the company's profits are obtained from advertisers. This is different from a ponzi scheme. According to sharia economic law, the vtube business is permissible and does not contain gharar.because the income from vtube earned by members comes from wages paid by the vtube company to members who watch ads and points that come from members recruited by the member.

Dialektika Maqasid as-Syari’ah Dalam Metode Istinbath Hukum Islam

Maqashid as-shari'ah is a new trend in the legal istinbath that is undergoing development in the contemporary era. The development of the method of extracting the source of contemporary Islamic law is now considered more promising as using maqashid as-sharia. As a scientific discipline that is the development of fiqh and fiqh rules, maqashid as-shari'ah is now widely studied by experts in Islamic law more deeply. Benefit as the essence of maqashid as-shari'ah, has urgency in determining Islamic law. Because Islamic law is revealed has the purpose and purpose to realize the benefit of the people both in this world and in the Hereafter. Thus the study of maqashid as-shari'ah has a very important correlation in extracting the source of Islamic law, in other words that the excavation of Islamic law based on benefit still refers to the books of qawaid al-fiqhi and ushul al-fiqh. As for the way used by the scholars' in exploring the benefits there are three methods: bayani method (substantive analysis), qiyasi method (analogy analysis), and istishlahi method (benefit analysis)

IJTIHAD HAKIM PENGADILAN AGAMA PADA PERKARA POLIGAMI

This study discuss about the ijtihad of the Religious Court Judges in providing legal considerations on cases of polygamy permit applications. Every decision on a polygamy permits that granted or not granted proves that there are efforts and hard work of judges in realizing and even interpreting primary and secondary sources of law in the trial process. One of the copies of the case the writer found the Judge giving strict consideration between the necessity referring to the statutory basis or to the basis of fiqh. As a legal research, this research carries out library research using the juridical-normative approach. This study takes data from a copy of the case in the Supreme Court's decision3 thematically. The results of this study indicate that the judge's Ijtihad in setting aside the primary legal basis and prioritizing fiqh considerations, even the opinion of Islamic law experts, aims to attract the benefit of the applicant's household. This finding confirms that the judge's ijtihad has an important role in producing legal decisions.

A Research Review of the Takfir of Muslim States in the Light of Sharia

The issue of 'Performing Takfir' has become a hot research area during present times, It's a very sensitive topic. The Islamic Sharia has ordained one to be very cautious on declaring Takfir upon a nominated individual, only the people who are firmly established in knowledge can declare takfir on a nominated person, which will be based on the principles of Islam. 
 When Islam emphasis this much high level of caution in performing Tafir upon an individual person, then how critical will it be to declare takfir on state's, leaders and the communities.This is the reason one can find chapters written in the Islamic jurisprudence books (fiqhi books)on the subject of Dar-ul-Islam (land of Islam) and Dar-ul-Kufr (land of disbelief).
 In this article the topic of takfir has been discussed thoroughly and the position has been made clear about when a islamic state or a community turns in to a Dar-ul-Kufr (land of disbelief).In the following knowledge based article the topic has been fully explained in detail by using the works and opinions of Islamic Jurists (experts in islamic law) and the most predominant view of this issue has been covered.

TELAAH FILOSOFIS TERHADAP UNDANG-UNDANG PERKAWINAN NOMOR 1 TAHUN 1974 PASAL 7 AYAT (1) TENTANG BATAS USIA PERNIKAHAN

Underage marriage is marriage between men and women who both have not reached the age of 19 years for men and 16 years for women according to the regulations in the Marriage Law No. 1 of 1974. Marriage is done legally in formal lawand state law. State that is invalid if it does not meet the requirements. In the perspective of religion, underage marriage is marriage carried out by people who have not been mature. The majority of Islamic Law experts legalize early marriage. This understanding is the result of the interpretation of Q.S.Ath-Thalak: 4 and historical records The Prophet married Aisyah at a young age. Some scholars also legalize underage marriage has become a consensus of Islamic law experts. The purpose of this paper is to find out the nature of the existence of marriage records. This research uses a philosophical approach, by explaining the nature and wisdom of its formal object. The conclusion is that there is age limitation to give benefit to someone who wants to get married because age is very influential on family life

Urgensi Penetapan Wali Nikah Bagi Perempuan Yang Lahir Kurang Dari 6 Bulan Setelah Akad Nikah Dari Perkawinan Hamil Perspektif Hukum Islam

The purpose of the study was to find out the meaning of his father for women born less than 6 months after the marriage contract from a pregnant marriage perspective ofIslamic law and to find out the determination of the marriage guardian for women born less than 6 months after the marriage contract from a pregnant marriage Islamic law perspective. From the results of the study, the relationship between his father and daughter born less than 6 months according to Islamic law is that the child is an illegitimate child and cannot be taboo with his biological father due to a period of birth with at least 6 (six) months of marriage . This happened the ijma of Islamic law experts as the shortest period of a pregnancy, and also all the schools of jurisprudence both Sunni and Syiah agreed that the minimum pregnancy limit was 6 (six) months because at least pregnant women were for six months. and if the child is considered as a legitimate child, then the daughter's nasab remains with her biological father and the marriage guardian's determination for girls born less than 6 months according to Islamic law, if the daughter is an illegitimate child then her guardian's determination is to use the guardian of the judge to marry him
 Keywords: Determination of Marriage Guardian, Pregnant Marriage Perspective of Islamic Law

Managing the Agricultural Sector Through Muzara’ah: Implementing an Islamic Economic Participatory Mode of Financing


 The tremendous growth of Islamic banking has transformed a relatively new industry into a robust and widespread reality on the ground. Several Islamic financial institutions (IFIs) operate in different countries of the world and several Islamic modes of financing have been developed; however, most cater to the needs of commercial businesses, and personal finance. Few IFI products have been made available to support the agricultural sector. One rarely used product is Salam (a kind of sale in which farmers sell their product in advance, before the season’s harvest, to get funding for farming inputs as well as for their livelihood expenses), which, however, is of limited use due to a range of limitations. Hence, there remains a need for a product which is shari’a compliant and acceptable to IFIs as well as the end users, that is, the farmers. This paper proposes an Islamic model suitable for entrepreneurs, farmers and IFIs. A mixed-methods research methodology is applied: while the study is mainly qualitative, a quantitative approach was applied to the data obtained through questionnaires. The general finding of this paper is that there is a need to have a shari’a-compliant financing model to be based on a participatory basis, in place of the debt-based modes which are currently in extensive use by IFIs. Therefore, I selected the Muzara’ah (sharecropping) concept as the basis of a model to help the agricultural economy and the Islamic banking industry. The reason for choosing the participatory over the debt-based mode is that the latter cannot bring about any real change, as I shall demonstrate from the particular perspective of Pakistan. Research into the demography of the Pakistani agricultural sector, on the other hand, demonstrates that the Muzara’ah model can be used anywhere in the world. The paper also aims to understand the effects on this sector of the use of financing by both commercial and Islamic banks, the strengths and weaknesses of financial intermediation, and the challenges faced by Islamic banks as concerns financing the agricultural sector. This research paper is divided into four sections. The first introduces and debates the position of agriculture in Pakistan; the ways in which commercial banks extend loans to this sector, and the socio-economic effects of such loans; and the different existing financing models being used for this sector and their respective drawbacks. The section also presents a brief discussion of Islamic banking and its advantages; different Islamic modes of financing; and how Islamic banks are supporting the agricultural sector in Pakistan. Furthermore, it argues that there is a global need for an alternative Islamic model to finance the agricultural sector, and that this need is particularly pressing in Pakistan.
 The second section discusses the Muzara’ah model, through an extensive review of the extant Islamic literature, encompassing, but not limited to, the definition of Muzara’ah, the Islamic basis for the practice and Islamic juristic views, as well as how Muzara’ah worked in a previous age. Moreover, this section discusses the similarities and differences in opinion among Islamic jurists (experts in Islamic law) about the validity of Muzara’ah. The focus of this section is on finding a consensus as to the most common and viable mode of Muzara’ah which is acceptable to a majority of jurists.The third section surveys agriculture in Pakistan, as well as the opinions and perspectives of farmers, bankers and other stakeholders to inform the proper development of an Islamic Muzara’ah sharecropping model. Practical research was carried out in Kohat, one of the cities of Pakistan, which is famous for its guava, wheat and maize production. A description of the fieldwork is also presented in this section.The fourth section draws on all the above information to develop a model based on the concept of Muzara’ah which can be feasibly implemented in the Islamic banking industry. Moreover, it presents a discussion of the strengths and weaknesses of the model and provides suggestions and recommendations about how it should be rolled out. The needs of end users, such as farmers and growers, are addressed, and a discussion is presented of how the product better meets their needs than the other products which are currently available to them.

Sejarah Hukum Lingkungan di Indonesia

In conjunction with the development of contemporary Islamic law in Muslim countries, the question that frequently arises is about the formalization of Islamic law (taqnin). In Indonesia, the aspirations of Islamic Law's codification, particularly concerning its implementation crystallized into three forms; (1) formal (2) substantive, and (3) essential. One of the experts of Islamic law in Indonesia who concerned about the development of Islamic law was Sjechul Hadi Permono. This paper aims to explain the significance of Sjechul Hadi Permono's Legal Thought about Zakat. According to Sjechul Hadi Permono, the discourse on the people's welfare that is the burden of the state will always become a hot topic. Unfortunately, this problem has nerver been investigated based on the Islamic conception of welfare and the idea of Islam as an instrument of refom in society. This is a formula Sjechul Hadi tries to offer that zakat if properly managed will offer a solution to the welfare problem.

Percobaan Pembunuhan Sebagai Mawani‘ Al-Irth dalam KHI Pasal 173 Dilihat Menurut Perspektif Maqașid Al-Syari‘Ah

Trial of Assassination is an action carried out with the intention of killing people, but the person who wants to be killed does not die. In KHI Article 173 stated that the trial of assassination were prevented from inheriting, but in fiqh did not mention this, because that was the result of ijtihad by Indonesian Islamic law experts. Based on this, this research attempted to explain the provisions of the KHI regarding the trial of assassination as mawani' al-irth, and the provisions of KHI regarding the trial of assasination as mawani‘ al-irth seen in the motivations behind it. Both of these will be studied using the perspective of maqașid al-syari'ah. The type of research used in this thesis is library research (qualitative research). Sources of data from this study come from the book al-Muwafaqat, Tasyri 'al-Jinaai al-Islami, Al-Fatawa al-Fiqhiyyah al-Kubra, Al-Tahzib fi Fiqh Imam Al-Syafi'i and the book Compilation of Islamic Law by Cik Hasan Bisri, as well as books and journals relating to maqașid al-syari'ah and mawani' al-irth. Data collection method is carried out in documentation and data analysis method in the form of qualitative descriptive. The results of the study indicate that the provisions of the KHI Article 173 concerning trial of assassination that’s hindered from inheriting is not suitable to be applied. Because the trial of assassination does not cause a person to die. Then in KHI also do not recognize the term forgiveness, even though the opportunity to be forgiven by the own heir is very large. Furthermore, in KHI, it does not consider the background of doing this action, even though between one person and another person has different intentions and objectives. Although the trial of assassination is a case that violates the existence of maqașid al-syari‘ah from the needs of the dharuriyyah, which is guarding the soul (hifz al-nafs), the benefit here is to apply a law according to the conditions that it wants. Because the basic purpose of Islamic law (maqașid al-syari‘ah) is to gain benefit and prevent damage (mafsadah).

POLITIK HUKUM ISLAM DAN MAQASID AL-SYARIAH

Abstrack: This study will discuss the Politics of Islamic law and maqashid sharia, where both meet at the same point, namely the benefit of the nation and the state and its people both in the world and in the hereafter. In order to realize the Islamic values of Islamic legal politics into real life, fukaha (Islamic law experts) launched a theory, among others, maqashid syari'ah (the objectives of Islamic law). The Maqashid Shari'ah aspect divides three complementary priority scales. First, dharury, as a necessity or necessity, is something that must exist for the sake of human life. If something doesn't exist, then human life will definitely be destroyed. The goals of the daruri are to save religion, soul, reason, property, descent and self-esteem (hurdles, pride or honor). For example, to save lives, the Qur'an instructs humans to eat, but they cannot overdo it. Second, Hajy, or needs, meaning, something is needed for the survival of human life. If something does not exist, then human life will not experience destruction, but difficulties will confront. Third, tahsiny, or decorative-ornamental processes. That is, the absence of decorative-ornamental matters will not destroy the purpose of dharury.Keyword: Politics; Islamic Law; Maqashid Syariah

KONTROVERSI HALAL-HARAM ASURANSI SYARIAH

Insurance is still debated among scientists when viewed in terms of Islamic law. Contemporary Islamic jurists are fully aware that the legal status of insurance has not been determined by previous Islamic law experts (experts). The application of Takāful is now the result of the struggle between understanding Islamic law and the reality that occurs. These problems need to be reviewed in the order of Islamic law in depth. This paper aims to offer Shariah aspects in the application of Takāful (Sharia Insurance), Takāful insurance law (Sharia Insurance), scholars' views on Takaful (Sharia Insurance), compare the characteristics of Takāful (Sharia Insurance) and Conventional Insurance, as well as the author's analysis of Halal insurance for Islamic insurance.

Analisis Istihsan Atas Pertimbangan Hakim Terhadap Saksi Non Muslim Pada Perkara Perceraian

Verification in the Religion Court is important because the court upholds law and justice based on no other evidence, including in civil cases, such as divorce. One of the proofs is a witness testimony. The majority of Islamic law experts like Imam Malik, Imam al-Shafi'i or Imam Ahmad ibn Hanbal agreed that a witness must be a Muslim, so that in a case witnessed by someone who is not Muslim, his testimony is deemed invalid. This article wants to see a case of establishing non-Muslim witnesses in a divorce case in the Sidoarjo Religious Court by using descriptive analysis, which is systematically describing the facts and characteristics of the object studied by the later analysis and using the istihsan theory. Based on the analysis, the Sidoarjo Religious Court in Case No. 1889/Pdt.G/2017/PA.Sda. has received the status of a non-Muslim witness because it has fulfilled formal requirements in a civil procedure law. In line with istihsan theory, non-Muslim testimony is permissible because of the development of the present era and its greater difficulties so that it can be accepted in religious courts. If it is forced that witnesses to be Muslim, then justice seekers will be harmed and have difficulties.

SEJARAH PERKEMBANGAN HUKUM WARIS DI INDONESIA

In this discussion the development of inheritance law was stated, from the time before colonialism until the time of independence. In the development of inheritance law before the colonial period, the empire and the sultanate applied inheritance law as a living law in the community as well as a culture of Indonesian law in its time. When the Dutch East Indies government arrived, Indonesia had implemented Islamic religious law, which then continued and recognized its legal authority, Van den Berg conceptualized Staatsblat 1882 Number 152 which contained provisions for indigenous people or colonized people, religious laws must be applied in his environment. Snouck Hoergronje, advisor to the Dutch East Indies Government, initiated the receptie theory of Islamic issues and domestic children who pro- posed “Islam can apply if it has been perceived by customary law”, so adat is what determines the existence or absence of Islamic law. Furthermore, at the time of independence Indonesian Islamic law experts tried to make Islamic law a national law, with the effort of national seminars in the formation of law, Islamic law was made as one of the sources in addition to European law and Customary law

Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah)

This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).

Studying Female Islamic Authority: From Top-Down to Bottom-Up Modes of Certification

This article introduces a special issue on female Islamic authority in contemporary Asia. It provides an overview of the literature on religious authority in Islam and briefly lays out which modes of female religious authority have been more accepted than others in the schools of jurisprudence. Based on the articles included in this issue, the introduction makes two chief observations. First, in contrast to the overwhelming consensus among experts of Islamic law that women may serve as muftūn (plural of muftī), in most Muslim-majority societies today women are either seldom found in this role, or where there are muftīyāt (female muftūn), their role is confined to women’s issues. Second, while a growing body of academic studies has drawn attention to the recent phenomenon of state-instituted or -supported programs that train women in Islamic authority, little attention has been paid to the question of how communities react to such programs. The special issue is a call to study female religious authority from the bottom up, in order to better understand why believers, whether men or women, ascribe religious authority to women in some contexts and situations, but overwhelmingly still prefer male religious authority over female, despite the permissiveness for female juristic expertise in Islamic law.

Between Islam and the nation; nation‐building, the ulama and Alevi identity in Turkey

AbstractThis article analyses the relationship between Islam and nationalism by considering the role of the ulama in Turkey, housed within the Presidency of Religious Affairs (PRA). The ulama – religious scholars and experts of Islamic law – in Muslim majority contexts are typically closely linked with the state and play a key role in shaping the boundaries of Islam and of what is Islamically acceptable. However, this is also of consequence for the boundaries of the nation, since in Turkey Islam and nationalism has been intertwined, with Islam playing a central role in nation‐building, as a basis of ethnic identity formation and a source of symbols and myths. This articles shows, firstly, that the PRA has acted as a carrier and preserver of Sunni (Hanefi) Muslim identity in continuity with the Ottoman ulama and, secondly, that it has delimited nation‐building, by considering its approach to and interventions against Alevi identity.

PENGGUNAAN KONSEP TALFĪQ SEBAGAI SALAH SATU KAEDAH PENYELESAIAN HUKUM SYARAK: SATU ULASAN LITERATUR

The scenario of the ummah currently is moving rapidly, causingthe scholars to act fast in providing the best solutions for everyproblem arise. The concept of talfīq is a method frequently usedby scholars nowadays although it is not categorized as one ofthe sources of Islamic law. Talfīq can be defined as mixing orcombining various opinions of scholars in a specific problemwithout being bound to any of the madhhabs (schools of law).This concept still needs clarification from the experts of Islamiclaw, particularly the discussions on the arguments among thescholars. The scholars in the past strongly opposed the usageof this concept. However, the current development of Islamicjurisprudence has popularized the use of talfīq, making referenceto all madhhab possible. This study found that the concept of talfīqrequires further explanation as far as discussions on its authority,so that an accurate assessment can be made on whether tosupport the implementation of the talfīq or totally disapproved itsuse. Positive and negative impact from the use of talfīq will alsoneed to be emphasized in order to act as a guidance for scholars when using this concept in the process of providing legal solutionin Islamic law

Democratic and constitutionalist elements in Khomeini’s Unveiling of Secrets and Islamic Government

This is a study of Khomeini’s two main pre-revolutionary political works: one, Islamic Government, in which he urges his audience to accept that Islam is a political religion and jurisprudents of Islamic law have a crucial role in government; and a second, The Unveiling of Secrets, of which only short excerpts have been translated into English and which has received scant attention by scholars outside of Iran. This latter work is crucial to study because in this work, he elaborates his view on democratic and constitutionalist principles, subjects he had treated only vaguely and briefly in Islamic Government. Contrary to much of the secondary literature produced on Khomeini, which claims that Khomeini’s theory is simply a theory of guardianship, antithetical to participatory government, the article claims that in The Unveiling of Secrets, and (though more ambiguously) in Islamic Government, Khomeini appeals to democratic and constitutionalist principles to argue that the views of common citizens, and not just experts in Islamic law, must be heeded by an Islamic government. Recognizing the complexities and ambiguities of Khomeini’s thought both in his earlier and later works allows us to understand and engage in dialogue with the scholars who inherit and critique his ideas today.

Regulating the governing law clauses in Sukuk transactions

The crystallization of the Islamic capital markets (ICM) in the last decade has led to increased acceptance of Islamic financial products in the global market. However, a fundamental question that lies at the intersection of law and ICM that has a far-reaching impact on market practices is the extent to which the governing law clause in a typical Sukuk prospectus protects the interest of the parties and meets the ends of justice. An analogous clause within the governing law provision is the dispute resolution clause, which either makes or mars the whole transaction depending on how it is structured. This article argues that as part of Islamic finance documentation involved in the process of structuring a Sukuk transaction, one important aspect the parties must get right from the beginning is the governing law clause. With the increasing provision of English law as the governing law, a question that readily comes to one’s mind is whether it is possible to have an alternative governing law while retaining the choice of jurisdiction clause. In order to create a regulatory environment that is conducive to the prevailing trends in the modern world, this study critically ploughs through the governing law clauses of 10 selected Sukuk prospectuses and makes interesting findings regarding the attitude of draftsmen and their clients. A preliminary finding of this study is the paradigm shift to arbitration as an alternative or precondition to litigation in some of the Sukuk prospectuses reviewed. As there are regional and international arbitral institutions set up exclusively for Islamic finance disputes, it may be more appropriate to resolve any dispute arising from a Sukuk transaction under shari’a-compliant rules and supervised by experts in Islamic law. The interviews conducted for this research with 10 prominent shari’a scholars who have been involved in the certification of Sukuk structures prove this hypothesis, and the qualitative data are consistent with it, albeit with some dissenting views.