Principles Of Islamic Law Research Articles

Legal Principles and Strategies to Encourage Citizens to Get Vaccinated against COVID-19 Virus

Background: Following the outbreak of COVID-19 pandemic, in some countries, mandatory vaccination programs were put to practice. However, there were widespread opposition against vaccination, which is investigated in this research.
 Methods: This was a descriptive-analytical research and data collection was conducted by referring to documents, books and articles in library.
 Results: With the emergence of corona virus in the world and the need to end this dangerous pandemic, various countries, including Iran's legal system, decided to implement "compulsory vaccination" mechanisms. The findings of this study indicated that the government from the perspective of various schools (even the school of individual originality) was not only allowed to legislate rules to make vaccination obligatory, but also it was expected to enact appropriate laws to create public safety.
 Conclusion: According to the principles of Islamic jurisprudence and law, including the priority of collective interests over the individual, the rule of no harm, and the authority of the Supreme Leader, the government is not only authorized but also obliged to enact laws for making vaccination obligatory.
  

Medical Action of Doctors with Euthanasy From the Perspective of Criminal Acts on Islamic Law: A Normative Review

Purpose: This research investigates euthanasia treatment by physicians from human rights and Islamic legal perspectives. It aims to comprehend ethical and legal considerations regarding euthanasia within Islamic criminal law and human rights principles.   Methods: A normative approach analyzes Islamic criminal law's rules on euthanasia. Expert opinions assist in resolving ethical and legal complexities. Indonesian legal frameworks, including relevant laws, are examined.   Results and Conclusion: Active euthanasia by physicians is deemed illegal under Islamic law, akin to suicide, as only Allah SWT can end life. Indonesian legal provisions uphold the right to life, with breaches carrying legal consequences. The research concludes that active euthanasia is prohibited from both Islamic and human rights perspectives, emphasizing respect for human life and legal repercussions for violations.   Research Implications: Implications extend to healthcare, policy, and legal sectors, stressing the need for ethical guidelines aligning with Islamic principles and human rights in end-of-life care.   Originality/Value: This study contributes to euthanasia discourse, examining it through Islamic law and human rights. It offers insights into ethical decision-making in healthcare, especially where Islamic law influences moral considerations.

EXAMINING THE APPLICATION OF STANDARD OF PROOF IN CRIMINAL CASES: A COMPARATIVE ANALYSIS OF ISLAMIC LAW AND COMMON LAW IN MALAYSIA

In criminal litigation, evidence plays a very significant role in ensuring that justice is delivered. Nevertheless, justice cannot be achieved without the correct application of standard of proof. Failure to apply the correct standard of proof could result in miscarriage of justice. This paper examines the concept of standard of proof from the Islamic and common law perspectives. It also analyses the similarities and differences in the application of standard of proof under both legal systems. This study is a doctrinal research and utilises qualitative methods. The primary and secondary data are gathered using the documentation method obtained from library, legal statutes and reported cases. The gathered data are then further analysed using content analysis method. Findings of this study show that there are similarities and differences in the concept of standard of proof in criminal cases under both legal systems. In spite of the similarities, several applications under the common law should not be referred or utilised in litigating Syariah criminal cases. This paper suggests that the standard of proof under Islamic law is to be harmonised with the common law in the prosecution of criminal cases in the Syariah courts. The research conducted contributes towards the knowledge in distinguishing between the Islamic and common law principles particularly for countries that practise Islamic criminal law.                                                                                                                                                                                                                                                  

Tinjauan Ekonomi Islam terhadap Praktik Painrang Berasa (Peminjaman Beras) di Desa Bontolempangang Kabupaten Gowa

This research aims to describe the practice of "painrang berasa" (borrowing rice) paid in cash in the village of Bontolempangang, Gowa Regency, and analyze the Islamic economic perspective on this practice. The research approach used is descriptive qualitative with field research methods. Data was collected through recording, analysis, and interpretation of the lending and borrowing practices in the Bontolempangang village. The research findings indicate that the practice of painrang berasa occurs when the muqridh (lender) lends rice to the muqtaridh with an agreement that repayment will be made in cash at the current price of rice at the time of borrowing. The agreement is established through ijab qabul, whether orally or in writing. In terms of validity requirements, this agreement complies with Islamic legal provisions as both the muqridh and muqtaridh are legally competent or mature, and the debt object is valid, whether in the form of rice or money. However, the existence of two forms of transactions, namely short-term and long-term painrang berasa, indicates that one of these transaction forms may not align with the principles of Islamic economic law. Therefore, this research contributes to understanding lending and borrowing practices from an Islamic economic perspective in the village of Bontolempangang, Gowa Regency. The conclusion of this research emphasizes the need for a reassessment of the painrang berasa practice in the context of Islamic economics to ensure compliance with established principles.

EXPLORING THE CHALLENGES OF INTRODUCING AN ISLAMIC BANKING IN UZBEKISTAN: AUSING A QUALITATIVE APPROACH

Islamic Banking and Finance (IBF, hereafter) is based on the principles of Islamic law, which are referred to as Shairah, but it is also able to deal with commercial transactions as long as such transactions do not go against Islamic law. Nevertheless, in contrast to conventional banks, Islamic banks are guided by principles that require a reciprocal sharing of risk and profit between the parties involved, all the while guaranteeing that each transaction and commercial activity is conducted in a reasonable and fair manner.

The Islamic Legal Perspective on Inheritance Distribution Based on the Principle of Sapikul Sagendhongan

<p class="TableParagraph"><em>This research aims to analyze the principles of Islamic inheritance law and their relevance to customary law in society as well as the existence of distribution of inheritance based on the Sapikul Sagendhongan principle from an Islamic Law perspective. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the research confirm that there are eleven principles or principles in Islamic inheritance law which include: the principle of ijbari', bilateral, individual, balance, solely due to death, sincerity, self-servity, huququl maliyah or material rights, basic rights (huququn thaba 'iyah), dividing inheritance and benefit, where these eleven principles or principles are the basis for the implementation and regulation of Islamic inheritance law. In connection with the application of customary law practices in the distribution of inheritance, it can actually be seen from the theory of receptio in complex which was initiated by Van Den Berg, the theory of receptio exit which was developed by Hazairin, and the theory of receptio a contrario which was developed by Sayuti Talib which is actually a justification that Islamic law has validity. which sometimes manifests itself in customary law, such as the principle of Sapikul Sagendhongan as implemented by Javanese society. The existence of distribution of inheritance based on the Sapikul Sagendhongan principle viewed from the perspective of Islamic Law is actually no different from the distribution of inheritance in Islamic Law which mandates that men share more than women with the argument that men have greater responsibility. In this context, the distribution of inheritance based on the principle of sapikul sagendhongan actually has similarities with the distribution of inheritance based on Islamic law.</em></p>

Islamic Law’s role in developing policies prohibiting homosexuality as a crime against morality in Indonesia

This research examines the significance of the Islamic law doctrine's role in the development of policies aiming to prohibit homosexuality as a crime against morality in Indonesia. The study focuses on the foundational contributions and core principles of Islamic law that form the basis for shaping policies concerning the issue of homosexuality. The research methodology involves an in-depth analysis of primary Islamic legal sources and an exploration of Indonesia's positive legal framework that influences the direction of these policies. Furthermore, the research encompasses legal case studies, an exploration of relevant literature, and an Islamic legal perspective regarding the efforts to prohibit homosexuality. Consequently, the research results deepen the understanding of the contributions and relevance of Islamic law in formulating policies that regulate homosexuality as a crime against morality in Indonesia. Moreover, this study aims to identify challenges and opportunities associated with implementing these policies.

Medical Ethical Issues, an Islamic Perspective

Morality is a unique human subject. It is affected by a number of cultural factors, such as history, tradition, education, and religious beliefs. Ethics is based on two basic concepts: one is a "value" and the other is the duties "must". In the Islamic faith Health and illness as life and death are not mere facts, they include many values that must be respected. The disease, for example, is not only a medical scientific fact like other physiological phenomena. Despite the rise of secular people most of the arabs are believers and religion remains a significant force in society. Diseases and physical suffering have a big impact on the Muslim's life. It tests endurance, faith, and submission to one almighty God, who has healing powers for all patients. How staff ‘does’ good medical ethics depends on this perspective. To understand the Islamic contribution to medical ethics, five topics are discussed; first, obeying. God's commandments; second, categorising of commandments; third, the 5 guiding principles of Islamic Law (maqased); fourth, judging actions by intention and fifth, refers to a warrant belief in the divine decree and the predestination. In many Western countries multi-cultures and multi-religious textures are met including Muslim citizens and new immigrants. Medical Staff will be required at one point during their work to treat these Muslim patients; therefore, a minimum level of cultural awareness is a prerequisite for the delivery of care that is culturally sensitive. In this paper, there is the highlight of certain key teachings in Islamic medical issues and their applications. Hopefully, the insights gained will aid medical staff to better understand their Muslim patients and deliver care that pays due respect to their beliefs. Muslims in the U.S. and in Europe come from diverse backgrounds. Understanding their beliefs and observances is crucial for providing culturally competent care. In bringing any religious perspective to bear on medico-moral issues, a willingness to listen and courtesy in the debate is necessary.

EXPLORE THE FOUNDATIONS AND PRINCIPLES OF ISLAMIC FAMILY LAW

The aim of this research is to explore the foundations and principles of Islamic family law. The method used by the researcher is a qualitative research method with a library study type of research. This type of literature study research is used to explore an in-depth understanding of a topic or phenomenon by analyzing relevant literature and sources, which in this research is related to exploring the foundations and principles of Islamic family law. As for data, it is obtained through study and analysis of various references such as books, scientific journals, articles and other documents related to the topic being researched and then researchers draw common threads and conclude from the findings and research studies. The results of this research show that the literature study on exploring the foundations and principles of Islamic family law provides a comprehensive overview of the multifaceted nature of this legal framework. Rooted in the Quran and the Sunnah, Islamic family law encompasses principles related to marriage, divorce, child custody, inheritance, and broader ethical considerations. The literature reflects the ongoing efforts of researchers to analyze and interpret Islamic legal sources, shedding light on the adaptability of Islamic family law to different cultural and social contexts. As scholars continue to explore and debate various aspects of Islamic family law, the literature serves as a valuable resource for understanding the principles that govern family life within the Muslim community and their implications for individuals, families, and societies at large.

The Islamic Law-based design of regional head post-filling

This research aims to elaborate on the standing of Islamic law regarding regional head post-filling and how this post-filling is designed to conform with the principle of Islamic law. This research employed mixed methods and statutory, conceptual, case, and normative-theological approaches. The research results reveal that Islam holds the principles that can be adopted into the constructions of the national law in the matter of regional head post-filling. In the time to come, this post-filling should conform to the principle of al muhafadhotu ala qodimis sholih wal akhdzu bil jadidil ashlah, in which this post-filling should refer to the applicable model coupled with the development of this model with an asymmetric post-filling system. With this approach, areas with direct regional head elections will face reduction. Consequently, the areas not eligible to establish direct elections should consider another election model.

Financial Sukuk: Concept, Legal Principles, and Types

Sukuk, often referred to as Islamic bonds, represent a unique and innovative financial instrument within the realm of Islamic finance. Originating from the principles of Shariah law, Sukuk offer a distinct alternative to conventional bonds by adhering to Islamic principles that prohibit the payment or receipt of interest (Riba). Instead of interest-bearing debt, Sukuk are structured as investment certificates, granting investors a share in the ownership of tangible assets or services. This adherence to Shariah principles ensures that Sukuk are compatible with Islamic ethical and legal standards, attracting a diverse range of investors seeking financial instruments aligned with their religious beliefs. As Sukuk continue to gain prominence in global financial markets, they contribute to the development of more inclusive and diverse investment options, catering to both Islamic and non-Islamic investors alike. This research paper presents a thorough literature review of Sukuk in the Islamic economy and showcases their definition, typologies and other aspects. Sukuk, often referred to as Islamic bonds, play a significant role in the Islamic economy. These financial instruments comply with Islamic law (Shariah) principles, which prohibit the payment or receipt of interest (Riba) and promote risk-sharing and asset backing. Sukuk provide an alternative means for raising capital that aligns with Islamic finance principles. The study herein is of significance for researcher as well as postgraduate researchers in the areas of Islamic banking, economy studies and accounting.

The Construction of Islamic State Law in the 5.0 Era from the Perspective of Maqasid al-Shariah

The discourse on Islamic constitutional law is consistently captivating and remains relevant for discussion. Islam, as a religion of mercy for all creation, takes the Quran and Hadith as its primary guidance without providing a specific qath’i (definite) pattern for formulating a state. Nonetheless, Islam has presented several general principles that can serve as the foundation and align with the objectives of Sharia in shaping a system of governance. This includes principles of justice (al-adalah), equality before the law (musawah), democratic consultation (as-syura), and the upholding of human rights and freedoms (al-hurriyah). This research aims to describe the principles of Islamic constitutional law while examining the characteristics of laws that can be implemented for Islamic societies as per the developments toward the era 5.0. Utilizing a qualitative research approach based on both digital and classical literature sources rooted in Islamic teachings (turats), this study formulates that the ideal Islamic constitutional law in the era 5.0, after adhering to its principles, should be dynamic, humanistic, and substantial. This assertion is substantiated by several laws that have been implemented, particularly in Indonesia, significantly contributing to the creation of harmony and tranquillity among its diverse population.
 Keywords: era 5.0, Islamic constitutional law, Maqasid Sharia

The Role of Parliament in the Implementation of Shariah in Western Europe (Belgium, France, and Germany)

This article aims to describe the condition of Muslims who live and integrate in Germany, Belgium, the Netherlands, and other European Regions, who should find religious foundations and interpretations that do not deviate from the boundaries imposed by a secular legal state. By calling for incorporating some Islamic law principles into British law, the Archbishop of Canterbury, Rowan Williams, has sparked interest and sharp criticism in Britain. In Germany, some journalists warned against “the Western world taking another step in the path of submission to the wishes of the minority Muslim immigrants who do not want to integrate.” Are these concerns well-founded? After conducting a literature review, we employed a qualitative approach using data from mass media, books, and journal articles to analyze the trend of a small proportion of European society, supported by scholars and clergy, who advocate for the application of Islamic law based on the principles of democracy and secularism. We studied how this phenomenon relates to freedom of opinion and the direction of community policy.
 Keywords: implementation, parliament, Shariah, Europe

Relevansi Prinsip-prinsip Hukum Ekonomi Syariah dalam Membangun Keadilan Sosial melalui Distribusi Ekonomi yang Adil

This study aims to investigate the relevance of the principles of Islamic economic law in shaping social justice through equitable economic distribution. In the midst of global economic change, reducing economic inequality and social injustice is very important. Islamic economic law, as a framework rooted in Islamic values, offers a unique view of economic distribution that focuses on the principle of justice. By conducting an in-depth literature review and analysis, this study explores the concept of Islamic economic law, the principles contained in it, and its relevance to the goal of achieving social justice. We identify the important role of zakat, infaq, and waqf in creating equitable distribution and fueling inclusive economic growth. The results of this study show that the principles of Islamic economic law have great potential to influence economic and social policies in Islamic societies, ultimately encouraging the creation of a more just and inclusive economic environment. However, we also identified some obstacles to the implementation of these principles. This research makes an important contribution to our understanding of how the principles of Islamic economic law can be applied in the current context to promote social justice as well as more equitable economic distribution. The policy recommendations that emerge from the results of this study can guide decision-makers in their efforts to achieve social justice in Islamic societies.

Implementasi Prinsip Syariah Dalam Praktik Leasing Syariah

This article aims to explore whether the application of Islamic principles has been properly implemented in Islamic leasing institutions. The sharia label on Islamic financial institutions implies several consequences in the system and operational concepts that must comply with sharia principles. This type of research uses a literature study with descriptive research methods. Sharia does not lie in the term musyarakah or mudharabah alone which in practice sometimes contradicts the value of Islam itself. In its application, there are many leasing companies that apply the principles of Islamic law, but some leasing companies labelled as sharia are not in accordance with the principles of Islamic law because they are still very profit-oriented

Patterns of Inheritance Distribution in Tlogoharjo Village, Giritontro Subdistrict in the Review of Islamic Law

The pattern of inheritance distribution in rural communities is a complex phenomenon, especially when viewed from the perspective of Islamic law. With the diversity of ethnicities, races, languages, religions, and traditions in Indonesia, differences arise regarding the pattern of inheritance distribution in the community. The fundamental thing about the inheritance system is the distribution of inheritance that is in line with the current legal regulations. This research aims to analyze the pattern of inheritance distribution in the community of Tlogoharjo Village, Giritontro Subdistrict, with a focus on related aspects of Islamic law. This research was conducted using field research with a qualitative method with a descriptive approach which is one of the qualitative research methodologies and data collection techniques by means of observation and interviews. The results of this study are that the pattern of distribution of inheritance property both before and after the heir dies is allowed in Islamic Law as long as there is no element of harm, this is because Islamic Law accepts culture and custom as legal norms that must be obeyed if there is no deviation in it and Islamic law is flexible which can be developed according to the needs of people living in the modern era today.  Furthermore, the pattern of inheritance distribution in Tlogoharjo Village is still strongly influenced by customary values and local traditions, although Islam is formally the legal basis. However, there is a tendency for adjustments to the principles of Islamic law in the practice of inheritance distribution. For example, the inheritance rights stipulated in the Qur'an and Sunnah tend to be respected, although sometimes with interpretations adapted to the social and cultural context of the village community. This research also highlights some differences between the practice of inheritance distribution in village communities and the ideal principles of Islamic law. Factors such as lack of understanding of religious teachings, hereditary traditions and economic factors play an important role in shaping inheritance distribution patterns.

The Value of Maslahah in the Mbolo Weki Tradition of the Bima Community

This study aims to describe how the implementation of the Mbolo Weki Tradition of the Sakuru Village Community, Monta Subdistrict, Bima Regency, then to describe the Maslahah Value in the implementation of the Mbolo Weki Tradition of the Sakuru Village Community, Monta Subdistrict, Bima Regency. This type of research is descriptive qualitative. Data sources in this research are primary and secondary sources, data collection methods include observation, interviews, and documentation. The results of the analysis show that the Mbolo Weki tradition not only has cultural values, but also contains maslahah values that are in line with the principles of Islamic law according to al-Shafi'i madhhab. In al-Shafi'i's perspective, this tradition is considered to provide positive benefits for individuals and society. The values of solidarity, justice, and togetherness contained in Mbolo Weki are considered in accordance with the concept of maslahah in Islamic law. This research is expected to provide a deeper understanding of the relationship between local traditions and universal values in the context of Islamic law, especially the al-Shafi'i madhhab. The implications of this research are expected to support the maintenance and development of local traditions that are in accordance with Islamic values and can make a positive contribution to people's lives.

Analisis Penerapan Konsep Wisata Halal di Destinasi Wisata, Studi: Farmhouse Susu Lembang

The trend of halal tourism is increasing and attracting public interest due to the growth of the halal industry. Halal tourism includes tourism activities and attractions that adhere to the principles of Islamic law. Bandung City has destinations that fulfill the concept of halal tourism, although knowledge about this concept is still limited among the public. This study aims to identify and analyze the application of halal tourism at the Farmhouse Susu Lembang destination. Quantitative method with a descriptive approach, involving tourists who use facilities at Farmhouse Susu Lembang as the research population. The results showed that Farmhouse Susu Lembang has implemented the concept of halal tourism in accordance with the availability of facilities that support Islamic principles and meet the needs of Muslim tourists. This shows the commitment of Farmhouse Susu Lembang in providing a tourist experience that is in accordance with the principles of halal tourism.

Maqasid al-Sharia in Court-Mediation Reform: A Study on Efficiency and Social Justice in Medical Disputes

Islam prioritises peace as a means of resolving disputes. Peace between parties can be achieved in various ways, one of which is mediation. Despite creating social justice, the effectiveness of mediation in resolving various complex civil cases is still questionable. This article aims to analyse the efficiency of resolving medical disputes through mediation based on the principles of Islamic law. This article is based on the results of normative juridical research with a statutory approach and a conceptual approach. The results of this study found that the implementation of facilitative mediation by the mediator in medical dispute resolution helps improve its efficiency. Furthermore, before mediating conflicts, judge-mediators need to take a more proactive position, improve their communication skills, and have sufficient knowledge of health law. A well-informed mediator is likely to provide social justice for doctors and patients. 
 
 Keywords: mediation; medical disputes; social justice; court.

Are Cryptocurrencies Ḥaram? A Critical Analysis toward MUI’s Fatwā

This paper critically examines the Indonesian Ulema Council's fatwā which prohibits cryptocurrency. The critique focuses on three aspects of the ban. The first is criticism for banning cryptocurrency which is considered to contain garar and ḍarār, and is contrary to Law No. 7 of 2011 and Bank Indonesia Regulation No. 17 of 2015. The second is criticism of the illegality of buying/selling cryptocurrency, which is positioned as a digital asset/commodity that contains garar, ḍarār, qimār, and does not meet the sil’ah criteria. The third is criticism of the permissibility of cryptocurrency as a commodity/asset when it fulfills the sil’aḥ criteria and has underlying and clear legal benefits to be traded. This study adopted a qualitative approach. The conclusion reveals that MUI's fatwā on cryptocurrencies was not built on solid legal reasoning and did not consider the benefits of technological advances. The MUI's fatwā is based on the principles of Islamic law, specifically garar, ḍarār, and qimār, which are used to evaluate the legality of trading commodities or digital assets, such as cryptocurrencies. However, it is important to note that the MUI's fatwā does not consider the potential benefits of cryptocurrencies, such as their use as a new form of investment and their potential to revolutionize industries by enhancing security, and efficiency, and creating new trading opportunities in the digital age. In terms of non-Sharia technology, it is seen as a tool that can be used for good or evil, and its permissibility depends on its use. Blockchain technology, which underpins cryptocurrencies, is considered acceptable because it makes transactions more secure and enables the use of smart contracts.