Fiqh Perspective Research Articles

Biogas Tinja Manusia dalam Perspektif Fiqih-Kimia

Energy is one of the most important factors to global prosperity. The dependence on fossil fuels as primary energy source has led to global climate change, environmental degradation, and human health problems. In order to reduce dependence on commercial energy, steps have been taken to develop an alternative source, such as biogas. Biogas was a gas produced from biological activities in anaerobic fermentation processes and as a renewable energy. Biogas is one form of the alternative energy. It is environmentally friendly. However, biogas and its utilization still pose a serious problem within Muslim community, especially the pesantren. It is not easy for the pesantren to accept it on jurisprudential grounds. This paper attempts to examine the nature of biogas by looking at it as a human waste, and how does Islamic jurisprudence (fiqh) treat human waste particularly in terms of its use for human purpose. The paper also compares fiqh perspective with that of chemistry. The underlining argument that the paper tries to build is that legal compound component of human waste biogas (methane, carbon dioxide, hydrogen sulfide) is sacred, and must therefore be treated accordingly

Aplikasi Imkan al-Ru'yah Perspektif Fiqih dan Astronomi di Indonesia

Abstract: One moderate method to determine the beginning of the month is imkān ar-ru’yah. On the other hand, there is no agreed imkān ar-ru’yah criteria among Muslims resulting in the claims of syar’i crescent and astronomy crescent. Therefore, Muslim scholars suggest that imkān ar-ru’yah criteria should be developed using a systematic scientific research. In addition, the atmosphere thickness in the equator is not similar to other countries so that the specific imkān ar-ru’yah criteria in Indonesia is possible to be different from other countries which are far from the equator. Based on the background, the writer is interested in to do research on imkān ar-ru’yah in Indonesia in the perspective of fiqh and astronomy. This writing uses “science cum doctrinaire approach”to analyse data . The findings of this research are as follows. First, in the fiqh perspective, there are several variables of imkān ar-ru’yah: calculating, horizon, crescent and testimony, and criteria. The imkān ar-ru’yah criteria in fiqh perspective is altitude >2˚ and elongation >3,6˚. Second, in the astronomy perspective, imkān ar-ru’yah criteria is formulated by altitudes >3,7˚ and elongation >5,5˚. Third, the tendency of the new moon criteria that is acceptable in the astronomy and fiqh perspectives is altitude >2,7˚ and elongation > 5,5˚.

ANALISIS HUKUM ISLÂM TERHADAP MASALAH KEKERASAN DALAM RUMAH TANGGA (KDRT)

KDRT (domestic violence) must be ended. Both wife andhusband come to a conclusion to finish it. However, itdoesn't mean that the role of a husband, as disciplineupholder, has to be denied. Islam does not agree with it.As an Imam (leader), a husband must maintain moralvalues to establish a peaceful and perfect harmoniousfamily. UU. No 23 Th. 2004 implicitly states that domesticviolence is any violence types occurring in a family. Ahusband has been a person who always be blamed on inthis case. This article analyzes a kind of violencecommitted by a husband against the family members---children and wife from the perspective of Fiqh (Islamiclaw)

SENGKETA TANAH KAWASAN HUTAN DAN RESOLUSINYA DALAM PERSPEKTIF FIQH

Land dispute on forest area in Blora Regency is still developing. This is a form of resistence among Blora community toward the patterns of forrest management by Perhutani since New Order. Many things became the trigger like illegal logging, violence involving community members, and claim on land ownership. This article studied the phenomenon applying fiqh perspective in order to develop peace building that was based on common good. However natural resources management constituted an important part in doing worship to God, so it needed to be accorded to Islamic spirit.

An Appraisal of Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) from Fiqh Perspective

Al-IjErah Al-MawIEfah FE Al-Dhimmah (forward ijErah) is a new form of transactions introduced to the Islamic banking industry which has original ground in the classical books of Islamic Jurisprudence. Most of the classical scholars discussed it with particularized ijErah in parallel without any separation of chapters or headings unlike al-BahEtE and al-MinhEjE. The scholars of four schools of Islamic Law are unanimously agreed on the legality of forward ijErah albeit some contemporary scholars mention the early dispute in this regard and attribute prohibition of forward ijErah to ×anafE School. This attribution is not accurate as it is proved by their many classical texts. Forward ijErah could be more flexible for both customers and banks to the extent that it does not become void if the stipulated usufruct damages while particularized ijErah becomes void because of damage of the object. Therefore, there is a need for further research in this regard in order to innovate some new tools that can improve the services of Islamic financial intuitions.

Pembaruan Hukum Perwakafan di Indonesia

This article concentrates on Islamic law product relating to charitable religious endowment (waqf) in Indonesia. Based on the traditional perspective of fiqh originated from the earlier Islamic jurists of orthodox view and in turn it had long been legislised as part of Indonesia positive law system, the law of waqfhad regulated that the wealth to be waqf shall be limited to only unmoving properties. This regulation had led the management of waqf to be unproductive to raise the social welfare.By the virtue of the relatively wider viwpoint of the contemporar y Islamic law thinkers,the Islamic law refor m takes place in Indonesia particularly at the level of postive law ,namely Law Number 41/2004 Relating to Waqf. This law stipulates the thing to be waqf could be either unmoving or moving properties, like cash, gold, certificate of obligation, inteletual wealth, and so forth. This law also lays down the regulation relating to the penalty against those who deviate in managing a waqf. However, as a critque and recommendation the writer propose that the society could be involved in preser ving the purpose of a waqf which is the right of Allah. And it could be conducted by stipulating the class action as a way of the settlements of dispute occuring to a waqf property.

Legality of Tawarruq in Islamic Finance

Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia. Method – The method used for this research is comparative analysis. Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO) as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME) in dealing with commodity transaction through Tawarruq principle. Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction. Keywords: Tawarruq, Murabahah

Pelanggaran Hak Kekayaan Intelektual (HaKI) dalam Perspektif Hukum Islam

The study of violation toward intellectual property from the Islamic law perspective is not much. Meanwhile, it really needs protection from the laws itself. This paper begins its discussion with the protection of property in Islam, the importance of fiqh for intellectual property, defining the violation law toward intellectual property and the last point is about the violation from a fiqh perspective.

JIHAD DAN TERORISME KAJIAN FIKIH KONTEMPORER

This article discusses jihâd and terrorism based on contemporary fiqh perspective. Jihâd has an important meaning in Islamic teaching as a part of religious obligation. However, nowadays the word jihâd has been associated with the term terrorism by Western World. In fact, terrorism is completely different from Islamic spirit (jihâd). Therefore, this article tries to reveal the differences between jihâd and terrorism. This issue is discussed by employing contemporary fiqh perspective approach. The result shows that jihâd and terrorism are totally different from each other. Jihâd has the criteria which are stated in Islamic shar’iah, while terrorism is a form of movement against the Islamic teaching.Kata Kunci: jihad, terorisme, syariah, sadd al-tharâ’i

Debatable Issues in Fiqh Al-Zakat: A Jurisprudential Appraisal

Zakat in terms of socio-economic role is a mandatory religious duty on the well to do members of the Ummah, to part with a portion of their wealth for the well-being of have-nots and helping other eligible social causes. To practically implement this policy, the Prophet laid down a comprehensive legal framework for its collection and distribution befitting the condition of his time. The classical jurists supplemented it by framing other operational laws to realize efficacious implementation of zakat at their time. In our contemporary time, jurists were faced with the question of efficacy of classical elaboration of zakat jurisprudence to serve the socio-economic objectives of zakat in modern time. Among others the adequacy of classical definition of zakat terms became debatable. The result was the usual divergence of opinions among the contemporary thinkers both with Shari?ah and Islamic economics backgrounds. This study is primary designed to critically evaluate the opposing views from fiqh perspective.

Al-Muḍārabah Min Wujhat Naẓr al-fiqh wa-Tajribat Bank al-Syarī'ah

In Indonesian society, mudhārabah is one of sharīah economics systems that have been performed since long time ago in rural society. One example of mudhārabah is that landowners give the authority to other people to manage their lands and to share their crops. In fact, the prophet Muhammad has also done in his time of a such kind mudhārabah system in his society. In doing so, two parts are involved, the investor (shāhih al māl) and the manager of the land (al-mudhārib). Nowadays, mudbārabah is an Islamic economics system that is offered by sharīah banks to attract more customers. In applying this system, mudhārabah can be seen in two ways, as a system and as a product. Mudhārabah as a system is when it is used as guidance by a bank in its transactions. i,e., Partnerships agreement between the owner of the capital and the manager of a business is based on outcomes sharing. Mudbārabah as a product was applied in two ways in sharīah banks, i.e. the bank as the owner of the capital and the bank as the manager of a business. This article illustrates the way that nudhārabah is applied in sharīah banks in the perspective of fiqh.