Principles Of Islamic Law Research Articles

The Perspective of Islamic Law on the Application of the Polluter Pays Principle in Indonesian Environmental Law

This study discusses the implementation of the Polluter Pays Principle in Law Number 32 of 2009 regarding Environmental Management and Protection and relates it to Islamic Law. This research is normative juridical research, a study conducted to find legal rules, legal principles, and legal doctrine in order to address legal issues. This research finds that Law Number 32 of 2009 concerning environmental pollution and destruction contains the Polluter Pays Principle which is indicated by the affirmation that compensation does not only cover environmental restoration measures but also includes providing compensation to victims of pollution. The Law also regulates that responsibility for the perpetrators of pollution is instantaneous at the time of the occurrence of adverse action and not necessarily to be associated with an element of error. The application of this principle is in accordance with the Islamic law principles which explicitly state that environmental damage and pollution are included in actions prohibited by Allah. It's only that Islamic law does not specifically regulate the legal sanctions, but leaves it up to government policy (ta'zir).

The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong.
 That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard.
 However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed:
 The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.

The Application of Maqasid Al-Shari’ah in the Foreign Policy of Islamic States

Religion is crucial in the foreign policy formulation of Islamic states. Islamic law can play an important role in foreign policy formulation as Maqasid Al-Shariah (Objectives of Islamic Law) are universal. Maqasid Al-Shariah is divided into three categories: general Maqasid, specific Maqasid, and partial Maqasid. Despite this universality, there is an inadequate explanation of the application of Maqasid Al-Shariah in foreign policy. Therefore, this study aims to explore the application of Maqasid Al-Shariah in the foreign policy of Islamic states. The study employed a qualitative approach in which document analysis was used to gather information from the United Nations Human Rights report of 2015. The study found that Maqasid Al-Shariah can play a significant role in the foreign policy of Islamic states through the protection of people’s life, property, health, religion, and dignity. Further analysis revealed that Maqasid Al-Shariah can be successfully incorporated in the foreign policy-making process of Islamic states, particularly where international treaties neglect or contradict the principles of Islamic law. Hence, Maqasid Al-Shariah should be fully implemented in the foreign policy process of governments of Islamic countries at both the national and international levels.

Animal cloning and consumption of its by-products: A scientific and Islamic perspectives.

Islam is a religion that inspires its followers to seek knowledge continually and nurtures innovation, within the realms of Islamic rulings, towards an ameliorated quality of life. Up-to-date biotechnological techniques, specifically animal cloning, are involved in advancing society’s health, social, and economic domains. The goal of animal cloning includes the production of genetically modified animal for human consumption. Therefore, this research endeavoured to study animal cloning’s current scientific findings, examine the by-product of said process, and determine its permissibility in an Islamic context. This study employed descriptive literature reviews. Results concluded that animal cloning, especially in mammals, does not occur naturally as in plants. A broadly trusted and efficient animal cloning method is known as Somatic Cell Nuclear Transfer (SCNT), which includes three principal steps: oocyte enucleation; implantation of donor cells (or nucleus); and the activation of the embryo. Nevertheless, the limitations of SCNT, particularly to the Large Offspring Syndrome (LOS), should be noted. One of the forms of the application of animal cloning is in agriculture. From an Islamic perspective, determining the permissibility of consuming cloned animals as food is essentially based on whether the cloned animal conforms to Islamic law’s principles and criteria. Islam interdicts animal cloning when it is executed without benefiting humans, religion, or society. Nonetheless, if it is done to preserve the livelihood and the needs of a community, then the process is deemed necessary and should be administered following the conditions outlined in Islam. Hence, the Islamic ruling for animal cloning is not rigid and varies proportionately with the current fatwa.

Border of Ethics and Law: A Critique of the Theory of “Denying the Entry of Law into the Scope of the Veil“ (Comparative Study of Islam, Iran, and Europe)

The decriminalization approach can be corrected in some individual or social dimensions. The dimensions of the veil are not limited to the individual scope and have many social effects, but the neglect of social effects and neglect of other dimensions are against the principles of Islamic law and can be criticized. The realm of law is not limited to the social sphere, and the individual and divine dimensions are not outside the sphere of law, and the entry of law into this realm is rationally defensible and is based on the correct drawing of the boundary between ethics and law; Accordingly, in this article, on the one hand, by presenting logical arguments for the entry of law into all necessary human relations, under the correct draw of moral and legal boundaries, criticizes arguments against entering the law in other cases to individual scope. On the other hand, as a violation argument, an attempt has been made to prove the entry of law into the subject of the veil by referring to and analyzing various domestic and foreign laws due to the social dimensions of the veil.

PRAKTIK REKAYASA DISPENSING PUMP SPBU PERSPEKTIF PERUNDANG-UNDANGAN DAN HUKUM ISLAM

Abstract: This research aims to examine and analyze the responsibilities of petrol stations as well as legal protection that can be obtained by consumers designed by petrol stations based on statutory views and Islamic law. This study uses the Normative Juridical method with references to Law Number 8 of 1999 concerning Consumer Protection and Law Number 2 of 1981 concerning Legal Metrology regarding measuring instruments. These results conclude that: First, engineering pump removal by business actors carried out by SPBU managers has an impact on the revocation of the PASTI PAS predicate by Pertamina which has harmed consumers, so that it is the responsibility of business actors who provide compensation in accordance with Article 19 of the Consumer Protection Law because it has increased to default. Furthermore, in Islamic law, the stipulation of compensation is carried out because no loss or damage to the victim has occurred. Second, legal protection for consumers, namely in the form of preventive and repressive. Preventive measures are carried out by providing guidance by the government and Pertamina, while repressiveness is carried out by law enforcement and / consumer dispute resolution both through courts and outside the court. Likewise, the Islamic view of pump engineering is not in line with the principles and principles of Islamic law because there is an element of gharar in it.

Tinjauan Siyasah Dusturiyah Terhadap Proses Pembentukan Peraturan Desa Menurut Permendagri Nomor 111 Tahun 2014

Village regulations are a manifestation of Indonesia as a state of law. Its existence in the world of regional legal products is arguably still new and its existence is the answer to the challenges of the social conditions of society which always change from time to time. As a result of the issuance of Law number 12 of 2011 concerning the Formation of Legislation (UU PPPU), it shifted the hierarchy of the position of village regulations. This has an impact on the uncertainty of the juridical basis of village regulations. This has led to the neglect of this type of regional legal product, especially since it is still relatively new, often in the process of formation it is not in sync with the procedures contained in Minister of Home Affairs Regulation (Permendagri) Number 111 of 2014 and does not pay attention to the rules and principles of the formation of laws and regulations. From these problems, two problem formulations emerged, namely: 1) What is the Process of Formation of Village Regulations according to Permendagri Number 111 of 2014?, 2) How is Siyasah Duturiyah's Review of the Process of Formation of Village Regulations according to Permendagri Number 111 of 2014?. This research is library research in a qualitative form. To explore the data and analyze the data using a juridical-normative approach and Siyasah fiqh (Siyasah Duturiyah). The first results of this study are; the formation of village regulations must pay attention to 3 very fundamental and absolute rules or principles, namely the principle of lex superior derogate lex inferiori, principle of lex specialis derogate lex generalis, and principle of lex posterior derogate lex priori. The formation of village regulations according to Permendagri Number 111 of 2014 must go through 6 (six) stages, namely planning, preparation, discussion, determination and promulgation, dissemination, as well as evaluation and clarification. Second; based on the review of the dusturiyah siyasa on the substance of the process of forming village regulations, the principles of Islamic law have been realized, such as the application of the principles of deliberation and democracy. Because each stage does not leave the principle of amar ma'ruf nahi munkar. Even though in practice there are often legal defects and are used for personal and group interests only.

Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?

The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.

Performing Issues Of Principles Of Islamic Law For Tayammum In (Al Lubab Fi Sharah Al Kitaab) For Al-Maydani Founding Study

AL-Imam Al-Maydani - may Allah have mercy on him - was one of the most prominent scholars of his time, and he has many books and explanations on the books of jurisprudence, their principles, the books of belief and others. Performing principles Of Islamic Law in this book follows the Hanafi approach in verification the principles from the branches, relying on the legislative founding in studying their issues. I have chosen issues of (tayammum) as a model for what is mentioned in this book of Founding Study.

التصرف فی الأعضاء البشریة - دراسة فقهیة مقارنة

ملخص البحث: قمت بتقسيم هذا البحث الموسوم بــ (التصرف في الأعضاء البشرية - دراسة فقهية مقارنة) إلى مقدمة، ومبحث تمهيدي، ومبحثين، وخاتمة، وفهارس: ففي المبحث التمهيدي: ألقيت الضوء على تعريف التصرف، وأنواعه، ووجوه التصرف التي تقع على الأعضاء البشرية؛ مبينا الفرق بين أنواع هذا التصرف، کما تعرضت للتعريف بالأعضاء البشرية، وأنواعها باعتباراتها المختلفة، وختمت هذا المبحث بالحديث عن التکريم الإلهي للإنسان حيا وميتا، مع بيان أهم صور هذا التکريم، التي تدل على عظمة الشريعة الإسلامية. وفي المبحث الأول: تحدثت عن حکم بيع الأعضاء البشرية في الشريعة الإسلامية، سواء کانت متجددة أو غير متجددة، مع عرض أقوال الفقهاء والعلماء في هذه المسألة ومناقشتها، والانتهاء برأي راجح في کل منهما، مع بيان سبب الترجيح. وفي المبحث الثاني: ذکرت آراء العلماء والفقهاء حول قضية التبرع بالأعضاء البشرية، سواء کان هذا التبرع من الشخص ذاته حال حياته، أو کان من ورثته وولي أمره بعد وفاته، مع مناقشة هذه الآراء والمقارنة بيها، والانتهاء برأي راجح في هذه المسألة، مع بيان سبب الترجيح. وقد انتهى الباحث إلى تکريم الشريعة الإسلامية للإنسان بجميع أجزائه، حيا کان أو ميتا، مسلما کان أو غير مسلم، ولا يجوز تداولها بالبيع والشراء، اللهم إلا فيما ورد فيه نص بجواز دخول عقد الإجارة عليه، کبيع لبن الآدميات. کما انتهى الباحث إلى جواز التبرع بالأعضاء البشرية من الشخص نفسه حال حياته، أو عن طريق ورثته وولي أمره بعد وفاته؛ بشرط عدم مخالفتها لنص شرعي، أو مبدأ من مبادئ الشريعة الإسلامية. Abstract: I divided this research entitled (disposing of human organs - a comparative jurisprudential study) into an introduction, an introductory study, two papers, a conclusion, and an indexes: In the introductory topic: I shed light on the definition of behavior, its types, and aspects of behavior that occur on human organs. Explaining the difference between the types of this behavior, as I was exposed to the definition of human organs and their types with their various considerations, and I concluded this study by talking about the divine honor for the human being alive and dead, with an explanation of the most important images of this honor, which indicate the greatness of Islamic law. In the first topic: I talked about the ruling on selling human organs in Islamic law, whether they are renewable or not, with the statements of jurists and scholars on this issue presented and discussed, and concluded with a weighted opinion on each of them, with an explanation of the reason for the weighting. In the second topic: I mentioned the opinions of scholars and jurists on the issue of donating human organs, whether this donation was from the same person during his lifetime, or it was from his heirs and his guardian after his death, with a discussion of these opinions and comparison with them, and concluding with a preponderant opinion on this issue, with an explanation of the reason Weighting. The researcher concluded by honoring the Islamic Sharia for the human being in all its parts, whether he is alive or dead, Muslim or non-Muslim, and it is not permissible to trade in it by buying and selling, except in what is stated in a text that it is permissible to enter into a contract of rent for him, such as selling human milk. The researcher also concluded that it is permissible to donate human organs from the same person during his lifetime, or through his heirs and his guardian after his death. Provided that it does not violate a legal text, or a principle of Islamic law.

PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM

Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.

The Contextualization of Islamic Law Paradigms in the Pandemic Time Covid-19 as the Word of Religious Moderation

This study aims to investigate and analyze the adaptive and contextualization values of Islamic law during the Covid-19 pandemic, in order to occupy a more dynamic concept of religious moderation from a paradigm or thought perspective, by applying a design in the form of research (Library Research) using various library sources as the source of research data, it also applied a descriptive-normative approach to describe the pandemic as a real phenomenon, and began from the building as the source of the primary and secondary data to support, to be further processed using Fatwa No. 14 of 2020 and the Principles of Fiqhiyyah as a knife of analysis through the Descriptive Analytic Method Content process. The conclusions are drawn by applying inductive and deductive thinking methods. The contextualization effort in question is a form of embodiment of the value of religious moderation in a textual dichotomy but essentially integrates the moderation paradigm that has been popular so far focused in the washatiyah study discourse or only in tolerance between fellow of religious communities. The reflection of the paradigm of Islamic law during the pandemic period is to produce an ijtihad that commonly configures and elaborates normative texts with a progressive interpretation mode, as well as mediating and harmonizing the interrelation and domination of texts against existing realities, so that they actually produce an actual understanding as well as reflect the principles of Islamic law that is flexible, complete, and beneficial.
 
 

ISU ISLAMISASI ILMU PENGETAHUAN DALAM PEMIKIRAN MUHAMMAD MUMTAZ ALI

Muslim scholars or scientists are currently faced with a dilemma of thought and actions in responding to the challenges of the globalization. On the one hand, the onslaught of western thought such as secularism and liberalism is very strong, while on the other hand they must maintain the principles of Islamic law. So that their actions do not come out of Islamic law, it is very important for Muslim scientists to understand the concept of Islamization of Science. The figure who initiated this thought was Prof. Syed Muhammad Naquib al-Attas who then continues until now, one of them is Muhammad Mumtaz Ali. Muhammad Mumtaz Ali's works related to the Islamization of Science emphasize the importance of prioritizing the Islamization of science for Muslim scientists. The spirit of Islamization must continue to be strengthened for the advancement of Muslims. The vision and mission of the Islamization of Science will be difficult to achieve if Muslims are not united to achieve it. All Muslim scientists in various fields of knowledge are expected to understand Islamic law well, so that the knowledge they spread will not conflict with the rules of Allah SWT.

Kepastian Hukum Pelaksanaan Khiyar Syarat Dalam Bai’Salam Online Melalui Instagram

Islam strongly emphasizes that all economic activities carried out by humans in the world are an accountability that must be in accordance with Islamic law. In the Sharia economy there are khiyar rights which are expected to provide good benefits in the sale and purchase agreement and make buying and selling activities in accordance with the principles of Islamic law, it is consensual and also providing benefits to the parties in accordance with the provisions in Islamic law and the existence of willingness or sincerity in buying and selling activities in accordance with the Koran and hadith. Currently, many buying and selling transactions are carried out online, one of which is using the social media, Instagram, which has millions of users who can exceed time and space. Many business actors ranging from housewives, students, state employees, private employees who post goods to be traded on Instagram, behind this convenience, of course there are problems, it is the existing image and the merchant’s reputation is something that is highly valued in online trading. The problem that arises in the online buying and selling contract is the mismatch of goods with pictures and descriptions on social media resulting in a one-sided cancellation of the purchase of ordered goods by the buyer and this results in losses to the seller, even though before the transaction the two parties have mutually agreed. The research objective of this paper was to analyze legal certainty in the implementation of khiyar in purchasing ordered goods in online buying and selling transactions via Instagram, the research method used is normative juridical, the results of research on the form of legal certainty in the implementation of khiyar.
 Keywords: Legal certainty, Khiyar Syarat, Bai’ Salam Online

الإرهاب بین القرآن الکریم والمصطلحات الحدیثة دراسة مقارنة

إن الفکر المعادي للإسلام حاول إلصاق (الإرهاب) بمفهومه المصطلحي الحديث بالفکر الإسلامي، محاولة منه في تحريف مبادئ الشريعة الإسلامية السمحاء، التي تدعو إلى السلم ،فالمتدبر لآيات الکتاب العزيز يرى أنها لا تدعو إلا إلى السلام بل ويأمر به ويدعو إلى اللين ونبذ العنف والتطرف والطغيان، يقول تعالى مخاطبا موسى وهارون ويأمرهما بالرفق عند دعوة فرعون الذي هو ألد أعداء الإسلام، فإذا کان الإرهاب بالمفهوم الحديث يعني تجاوز الحد والعدوان على الآخرين فإن هذا المعنى مرفوض في الإسلام بل أن فرض الرأي أو المعتقدات بالقوة على الآخرين مرفوض في الإسلام، فالقرآن الکريم يستعمل الإرهاب ضد القوى الشريرة ولا يستعمله ضد الآمنين من الناس ولذا فإني اهدف من هذا البحث بيان مفهوم الإرهاب لغة وشرعا وبيان اقسامه واسبابه واثاره السلبية على الفرد والمجتمع وذلک، لکونه الأکثر جريانا على الألسن ورواجا، ودفع شبه إلصاق الارهاب بالإسلام والمسلمين، وبيان موقف الاسلام من الارهاب فالإرهاب الوارد في القرآن الکريم ، إنما هو خاص ، يتعلق بالمعتدين ، لصدهم عن عدوانهم متى حصل منهم ، وليس هو إرهابا عدوانيا فالإسلام يأمر المسلمين بوجوب تحصيل القوة ، وتوفير أسبابها ومقوماتها ، إنما لتکون رادعا وزاجرا يرهب کل من تسول له نفسه مباغتتهم بالحرب ، فيتضرر المسلمون ، وتتعطل رسالة الإسلام الذي يسعى إلى تحقيق السلام ؛ لأن الإسلام من بين مقاصده في تحصيل القوة سد لأبواب المفاسد والحروب ، وحفظ للأمن ، وجلب مصالح ومنافع العباد ، فيهنأ الجميع باتقاء الفتن ، ويسعد الجميع بانفتاح أبواب التعاون وتنمو روابط المودة ويزدهر العمران في الأرض ويتبين من ذلک من ذلک أن الإرهاب بالمعنى المعاصر مرفوض اسلاميا . The anti-Islamic ideology tried to attach (terrorism) to its modern terminological concept of Islamic thought, in an attempt to distort the principles of tolerant Islamic law, which calls for peace. If terrorism in the modern sense means transcending limits and aggression against others, this meaning is rejected in Islam, but the imposition of opinion or beliefs by force on others is rejected in Islam. The aim of this research is to explain the concept of terrorism in the language and law and to show its sections and its causes and its negative effects on the individual and society, because it is the most run-in on the tongues and popularity, and to push the likeness of the link of terrorism to Islam and Muslims, and to show the position of Islam on terrorism, terrorism contained in The Holy Qur'an, but it is special, concerning the aggressors, to stop them from their aggression whenever it happens from them, and it is not aggressive terrorism, Islam orders Muslims to collect power and provide its causes and components, but to be a deterrent and a deterrent that terrorizes anyone who begs for it itself. The message of Islam, which seeks to achieve peace, is disrupted, because Islam is one of its purposes in collecting power, closing the doors of evil and war, preserving security, and bringing the interests and benefits of the people, so everyone is happy to prevent sedition, and everyone is happy to open the doors of cooperation, and the bonds of affection and the flourishing of urbanization in the land will flourish, as evidenced by the fact that terrorism in the contemporary sense is rejected by Islam.

Islamic Perspective on Social Media Technology, Addiction, and Human Values

This paper discusses the design features deliberately used in social media technologies to cause behavioral addiction, while outlining how this addiction leads to altering, reshaping and redefining of basic human values such as contemplation, well-being, mindfulness and connectedness that bring about social, psychological, cultural and ethical changes in human existence. The paper sheds light on how the altering of the human value system goes against the values and principles of Islamic law by citing Qur’ānic verses, prophetic traditions and teachings of Islamic scholars. Currently, there are no frameworks, laws and/or strategies that view social media addiction from a metaphysical perspective and in terms of human worldview and existence. Hence, as a solution, our paper introduces an ethical framework for designing social media technologies using the objectives of Islamic law that discourage a social media design with indefinite ends and encourage a design methodology with well-defined objectives and consequences.

FACTORS CAUSING NON-PERFORMING MURABAHAH FINANCING IN COOPERATIVE JASA LKMS RISALATUNA PADANG CITY

This study aims to see the factors that cause murabahah financing to be non-performing financing. This type of research uses a qualitative descriptive method using literature study data. The results of the study are the factors that cause Non-performing financing murabahah financing in the Risalatuna Jasa Cooperative in Padang City due to the Risalatuna Jasa Cooperative (internal factors) and the customers themselves (external factors). The Islamic law review of the settlement of Non-performing financing murabahah financing at the Risalatuna LKMS Jasa Cooperative is following the principles of Islamic law, because in handling Non-performing financing, the Cooperative Jasa Risalatuna LKMS takes precedence first, providing facilities and debt relief.

HUKUM ISLAM DAN RUANG LINGKUPNYA

This study describes Islamic law and its scope. This research uses a qualitative approach with descriptive research type. Data analysis using descriptive analysis. The process is carried out since the data, so that when in the field, researchers have started the data analysis process until the end of the research. This research concludes that etymologically Islamic law is all kinds of provisions or provisions regarding something in which the provisions have been regulated and stipulated by Islam. The scope of Islamic law is divided into two, namely 1) law relating to matters of worship, and 2) law relating to social matters. In addition, there is a study of the principles of Islamic law. The value of the divine value is implemented into a number of basic principles or as a more concrete one in a number of fields of Islamic law. As well as the objectives of Islamic law are not limited in terms of material alone, but far in the future pay attention to all aspects, material, immaterial, individuals, society, and humanity in general. The last one regarding the sources of Islamic law. The sources of Islamic law are Al-Qur'an, Al-haditht, and Ar-ra'yu (reasoning).

Netralitas Politik Aparatur Sipil Negara dalam Perspektif Perlindungan Hak Asasi Manusia

In the legal and governmental aspects, bureaucratic reform is very urgent to be realized, including the policy of ASN political neutrality. Therefore, this study aims to analyze the political neutrality policy of ASN according to Law Number 5 of 2014 concerning State Civil Servants in the Perspective of Human Rights Protection. The scope of this research is carried out by drawing legal principles against written positive law. Legal principles are used in interpreting Law Number 5 of 2014 concerning ASN by relating it to the perspective of protecting human rights. The method used is normative juridical legal research using secondary data. The research results reveal that every civil servant organization does not take sides with any form of influence and interests of anyone. In this case, there are restrictions on the political rights of ASN according to Law Number 5 of 2014 concerning State Civil Servants not violating human rights as stipulated in the 1945 Constitution of the Republic of Indonesia. According to the principles of Islamic law, ASN must be neutral and obedient to leaders. Elected without antagonizing him. Thus, it is concluded that the ASN political neutrality policy has met 4 indicators of a rule of law, namely protection of human rights, distribution of power, governance based on laws and regulations, and state administrative court.