Principles Of Islamic Law Research Articles

PHILOSOPHYO FISLAMIC MARRIAGE: MULTI DISCIPLINARY ISLAMIC STUDIES

Abstract: This article aims to analyse the Philosophy of Islamic Marriage. This paper begins with the preliminary discussion on the issue followed by the delineation of philosophy of Islamic law drawing on textual discourses in the area. Conclusion of this paper are: Firstly, the philosophy of Islamic marriage is the purpose, the goal of Islamic marriage. Secondly, the objective, the purpose, and the goal of Islamic marriage are the same as and in line with the fulfillment of human needs. The fulfillment of this requirement accords with the motivation of marriage in psychology and family roles in Sociology. Therefore, the objective, the purpose, the goal of Islamic marriage as a philosophyofIslamicmarriagegohandinhandwithhumanneeds,psychology and Sociology. Thirdly, by synchronizing the Islamic law and objectives as well as the principles of Islamic marriage law may yield the philosophy of Islamic marriagelaw.

The Competitiveness Creation Strategy of Islamic Banking

Objective - The development of Islamic banks in Indonesia requires a new strategy. The size of the population of Indonesia is a potential market for Islamic banks to target religious and non-religious customers and implement quality innovation to create value-based services to support the competitiveness of regional economies. This may improve the standard and quality of living. Specifically, this study investigated the influence of Islamic banking service quality dimensions to consumer satisfaction, word-of-mouth communication and loyalty. Methodology/Technique - This study was conducted in Banjarmasin, South Kalimantan, which is an Indonesian province that has a fairly a rapid rate of development of Islamic banking. The study focused on 191 people. Data collection was done by observation and interviews using questionnaires. Findings - Using Partial Least Squares, the resultsdemonstrates the effects of variable compliance, empathy, and value proposition quality on overall satisfaction. This showed that overall satisfaction influences word-of-mouth communication and loyalty. This indicates that both the religious market consumers and the floating market consumers desire the establishment of a strong emotional bond between the Islamic bank, customers and shareholders that are developed together in the face of business risks and share profits fairly and honestly, in accordance with the principles of Islamic law. Furthermore, they want employees to be more empathetic and respond individually to customers. Novelty - The study suggest that a strategy be created in relation to competitiveness in Islamic banking in Banjarmasin to improve the quality of service-based value, and to increase the cultivation of religious customers as well as penetrating the floating market segment. Type of Paper - Empirical Keywords: Carter-Item; Floating-Based Market; Islamic Bank; Religious-Based Market; Servqual.

Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa

On 22 May 2015, the Supreme Court of Appeal (“SCA”) handed down a judgment in the matter of Lodhi 5 Properties Investments Cc v Firstrand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition against the charging of interest on loan in terms of Islamic law (Shariah law) may be a defence for a claim for mora interest in term of a loan agreement. This note critically discusses the judgement in light of the approach adopted by the SCA with regard to addressing dispute arising from a contract that has Islamic law as a governing law. As this is the first case that came before the SCA in South Africa, this note critically analyses how this court discussed the applicable principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court’s assertion that a claim for mora interest has nothing to do with and is not affected by the Shariah law's prohibition against payment of interest on a loan debt. It also looks at the SCA’s approach (as a common law court) with regard to the enforcement of Islamic banking law principles. This judgement raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion, in light of the continuing growth and expansion of Islamic banking and finance law in South Africa.
 

Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa

On 22 May 2015, the Supreme Court of Appeal (SCA) handed down a judgment in the matter of Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition against the charging of interest on a loan in terms of Islamic law (Sharia law) may be a defence for a claim for mora interest in terms of a loan agreement. This note critically discusses the judgment in the light of the approach adopted by the SCA with regard to addressing a dispute arising from a contract that has Islamic law as a governing law. As this is the first case to come before the SCA in South Africa, this note critically analyses how the court discussed the principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court's assertion that a claim for mora interest has nothing to do with and is not affected by the Sharia law's prohibition against payment of interest on a loan debt. It also looks at the SCA's approach (as a common law court) with regard to the enforcement of the principles of Islamic banking law. The judgment raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion in the context of the continuing growth and expansion of Islamic banking and finance law in South Africa.

PRINSIP KHIYAR DALAM JUALAN BARANGAN: KAJIAN TERHADAP AKTA KONTRAK 1950 (AKTA 136)(THE PRINCIPLE OF KHIYAR IN SELLING OF GOODS: A STUDY ON THE CONTRACT ACT 1950 (ACT 136))

Khiyar or options are rights granted by Islamic law against the buyer and the seller as to whether to continue or discontinue the contract that has been executed. Khiyar rights are described in detail in the books of fiqh transactions, particularly in the topics of trade. However, the law of the transaction in Malaysia, there is no specific provision entitling khiyar to the contracting parties. This article seeks to examine the extent of the principle khiyar according to Islamic contract law can be implemented in through Chapter 2 section 3 to 9, the Contracts Act 1950 (136). Study found that there were similarities khiyar philosophy and principles of Islamic law as the provisions of section 3-9, but the provisions of the Contracts Act 1950 is not used as khiyar. This study is important to ensure that the concept Khiyar in contract law in Malaysia can be implemented as a whole and improve the law of contract in Malaysia to safeguard the rights and interests of the consumer and the seller.

Victim-Perpetrator Reconciliation Agreements in Murder Cases: What Can Muslim-Majority Jurisdictions and the PRC Learn from Each Other?

As states that use the death penalty liberally in a world that increasingly favours abolition, the Muslim-majority jurisdictions that are strict exponents of Islamic Law and the People’s Republic of China share a crucial commonality: their frequent use of victim-perpetrator reconciliation agreements to remove convicted murderers from the threat of execution. In both cases, rather than a prisoner’s last chance at escaping execution being recourse to executive clemency, victim-perpetrator reconciliation agreements fulfil largely the same purpose, together with providing means of compensating victims for economic loss, and enabling the state concerned to reduce execution numbers without formally limiting the death penalty’s scope in law. Utilizing the functionalist approach of comparative law methodology, this article compares the thirteen death penalty retentionist nations that have incorporated Islamic Law principles into their positive criminal law with the People’s Republic of China, as to the functions underpinning victim-perpetrator reconciliation agreements in death penalty cases.

STRATEGI PEMASARAN PRODUK BANK SYARIAH DALAM PERSAINGAN BISNIS PERBANKAN NASIONAL

The sharia banks are the financial institutions that operate on the principles of sharia or Islamic law which acts as an intermediary institutions. The growth of sharia bank in Indonesia is quite good, but the market share is still lacking. Some efforts would be solve this problem, as one of them is increasing the market share that gradually increase new costumers. It can be done by creating marketing strategy among others making a sharia banking product that is easily understood by the public, cooperating with the conventional bank to make a sharia service office (KLS), or make a financial service mobile. Keywords : sharia banking product, marketing strategy.

Senario Fatwa-Fatwa Zakat Di Malaysia: Perspektif Maqasid Syariah

The nature of Islamic legal practice in Malaysia is known for its adherence to the views of the Shafii school in fiqh issues based on the historical background of the arrival of Islam in Malaysia and the Islamic legal practice that have been adapted. Fatwas issued by the fatwa institution in Malaysia have evolved from time to time in accordance to the principles of Islamic law, which are flexible and accommodating to the changing environment. In recent years, developments in Islamic legal practice shows the ultimate determination of fatwas especially on zakat are no longer bound to the Shafii school. This shows an openness in considering the views of other mazhab/schools and the opinions of contemporary fiqh scholars in issuing laws or fatwas relating to zakat. This can be seen in the shift from the Shafii school to the views of other schoools and the opinion of contemporary fiqh scholars on fatwas. This article determines 26 out of 191 fatwas on zakat that have been classified into six themes have shifted from the Syafii school to others. The study also reviews the principles of maqasid sharia that hasve been deliberated in determining the fatwa on zakat. This qualitative study is conducted through library research and interviews. The data collected are analysed using inductive, deductive and comparative methods. The study shows a number of fatwas on zakat that have shifted from the Syafii school. Thus, it can be concluded that the Muftis and fatwa committees in Malaysia have strived to achieve the maqasid sharia from the maslahah and mafsadah perspectives in determining fatwas on zakat.

KOMPETENSI SUMBER DAYA MANUSIA BANK SYARIAH BERDASARKAN PRINSIP-PRINSIP SYARIAH ISLAM (Studi Kasus Pada BNI Syariah Surakarta)

This study aims to determine how it should be the competence of human resources of Islamic banking is based on the principles of Islamic Shariah. This study uses a phenomenological approach oriented qualitative descriptive. The technique of collecting data using interviews, participant observation, and study. Human resource competencies Islamic banking is based on the principles of Islamic law, the ability to modify banking products, also understand the contracts sharia combined with the principles of Islamic law includes not burdensome, reduce the burden, the determination of the law periodically, pay attention to the benefit, as well as equality and justice. With the principles of Islamic sharia combined with the ability to modify banking products, also understand the syariah contracts, the target growth in market share of Islamic banks can be achieved in accordance with expectations.The results of this study are the competence of human resources at BNI Syariah Surakarta at the level of the manager is good, supported by higher education, training a lot, as well as experience. While at the employee level still needs a lot of attention, because the level of education there are still low, still a little training, and experience is not adequate. Keywords: Competence of Human Resources, Islamic Bank, Principles of Islamic Sharia

Multiculturalism and legal plurality in Australia

The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.

ISLAMIC LAW AND ELDER CARE IN THE CENTRAL ASIAN EDGEN SYSTEM

AbstractThere is no uniform Islamic law of elder care. Instead, the Qur’ān and Hadith, the fundamental building blocks of Islamic law, create general obligations to support aged parents that each Islamic society must specifically produce in practice. Before Islam swept Central Asia, nomads developed an elder-care tradition that thrives to this day in the former Soviet States of Kazakhstan (population 17 million), Kyrgyzstan (5.7 million), Tajikistan (8 million), Turkmenistan (5.2 million), and Uzbekistan (30 million). In many instances, Islamic law inclines toward adopting local customs and traditions so long as these practices do not conflict with fundamental Islamic law principles. Islamic law's openness to local influence is stymied in the Central Asian example because the edgen system that undergirds Central Asian elder care directly conflicts with the Islamic law of inheritance allotments. This article explains the edgen system and how it conflicts with Islamic law. A prominent contemporary Central Asian Islamic scholar's legal opinions illustrate a device in Islamic law called ḥiylah, or a legal ruse. Through this ruse, Central Asian families are able to maintain traditional elder care practices while also complying with Islamic law. Nevertheless, as the article concludes, the Central Asian elder-care system is based on unpaid female labor and female disinheritance. Female inheritance is a central feature of Islamic law. Yet, the edgen tradition puts women at a disadvantage in terms of labor and inheritance that Islamic law seeks to avoid.

أثر قطعية المباحث اللفظية على المنهج المعرفي الأصولي: الرازي والشاطبي نموذجان

Muslim scholars agreed to accept an epistemological shari`ah method as “principles of Islamic jurisprudence” (Uṣūl al-Fiqh). Each school of thought has its own Islamic legal principles as epistemological criteria. Therefore, most of influential Islamic sects on Islamic thought have principles of Islamic as their own epistemological method; and principles of Islamic represent epistemological method of different schools of thought among Muslims. Philosophy has an influence on development and formulation of this epistemological method, particularly in classifying definitive (final) or even hypothetical deductive in original sources of Islamic law. The philosophers have argued that deduction of finality (definitive) is a form of rational inferences and is not empirical statements. Based on this classification, a hypothesis formulation can be achieved through deductive methods. Al-Razi pioneered debate on hypothetical deduction in his book, al-Mahsul. He argued that definitive aspect does not merely exist in literal discussions. However, al-Shatibi, a thinker, who was first person, introduced this discussion in al-Muwafaqat. He argued that the principles of Islamic law are definitive and religious knowledge is equivalent to rational knowledge. He thus believed that definitive aspects of principles of Islamic are derived from philosophical method called induction. This induction method can be benefitted in legal matters, as well as in arguments in prohibition of differences that are only limited to a few matters of ijma`. Therefore, it makes a disagreement of opinions is justifiable in every legal matter.

The Development of Murabaha in Indonesian Islamic Banks

Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller) purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not.

PERCOBAAN PEMBUNUHAN SEBAGAI PENGHALANG HAK WARIS PERSPEKTIF HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM

ABSTRACTIn terms of the obstruction of the right of inheritance for the crime of attempted murder of a conflict between Islamic Law and Islamic Law Compilation (KHI). In Islamic law, which was the cause of obstruction of the right of inheritance is someone for murder, slavery, religious differences, and different countries. In conditions that are not elements of the crime of attempted murder as the cause of obstruction of an inheritance. This provision departs from the principle of law in Islamic law regarding jarimah completed the murder and no jarimah / pending (attempted murder).On the other hand, clearly states KHI jarimah attempted murder is the element that causes obstruction of the right of inheritance as a provision contained in Article 173 KHI. Thus visible difference between the provisions of Islamic law and KHI, which has been placed as the provisions of Islamic law for the people of Indonesia. To address the problem, the authors use the research methods of law with juridical-normative legal research conducted by prioritizing research library materials or documents referred to secondary data, in the form of legal materials, primary and secondary. Specifications research is descriptive, which aims to give an overview conducted by way of qualitative theories of law and legal doctrine, and expert opinion of Islamic law.In conclusion, between Islamic law and there is no difference KHI opposite each other with respect to the legal principles adopted by each. The provisions in Article 173 KHI can be filed as a realization of the principles of Islamic law in the delivery of a legal provision will be enforced to have known it, or judge to determine the sentence for the crime ta'zir (jarimah). Conditions resulting known it, or judge it to be established in the form of a regulatory law that was born because of judicial decisions (jurisprudence), which in this case is the provision of an obstruction of the right of inheritance for reasons of criminal offenses of attempted murder.

Kontribusi Teori Sanksi dan Asas Pembuktian terhadap Jarîmah Korupsi di Indonesia

<p>Islamic law consists of a set of norms, principles and rules of law enforcement, dealing with the eradication of corruption. In the history of Islamic law, there have been the theories and principles of Islamic law, such as the theory of <em>jawâbir</em>, <em>zawâjir</em>, and the principle of <em>min ayn lak hâdhâ</em> (known as the reversed evidence) regarding the application of criminal sanctions of corruption. The application of criminal sanctions of corruption in Indonesia, especially with regard to the principle of reversed evidence has not been well-formulated. For the perfection of legislation in combating corruption, it is possible for the Indonesian government to amend the existing legislation, in order to make the country free from corruption. This paper focuses on the study of theoretical contributions on sanctions and the principle of proof evidence in Islamic criminal law to be transformed into criminal sanctions of corruption in Indonesia, which refers to the theory of <em>jawâbir</em>, <em>zawâjir</em>, and the principle of <em>min ayn lak hâdhâ</em>, which had been done previously by the caliph ‘Umar b. al-Khattâb and succeeded in preventing and combating corruption.</p>

Evolution of Corporate Entity in Islamic and Western Perspective

Both in Islamic and western perspectives a corporation is renowned by virtue of its distinct legal personality. However, the Roman legal culture is influential in the development of western corporate system but the principles of Islamic law of contract are regarded as comprehensive business arrangements among the business communities. The principle of partnership played a significant role in the development of Islamic and western companies and their governance. Company being a separate legal entity from its shareholders has the same legal rights like an individual to enter into contractual arrangements, own property, sue and be sued in its own name rather than in the name of its shareholders. In Islamic system of state (Khilafah), companies operate in pre-determined spheres of the economy because any utility designated by Islam regarded as indispensable for the community. The Islamic law is not only presumed comprehensive but also provides elasticity for legislation to meet-out the needs of modern-society in accordance with Qur’an and Sunnah of the Prophet (SAWS). The Islamic law not only covers the personal affairs of the people but also many aspects of politics, economics, banking, business or contract law such as Shirkat al-Amwal (The Company of Capitals), Shirkat al-A‘mal (The Company of Bodies) and Shirkat al-wujooh (The Company of Reputations). These Companies may be ‘Inan (limited) and mufawadah (unlimited).

The Significance of the Islamic Law (Shari'a) Supervision of the Islamic Banks

The financial transactions are among the major dealings introduced by the Islamic law or (shari’a), presented with strong rules and laws and deeply rooted principles to establish justice, bringing forth prosperity and righteousness for all human being. Therefore, Islamic shari’a compliant financing banks have been established in Muslim countries, committing themselves to avoid usury and other similar prohibited financing services. There are nearly 390 Islamic banks in 48 countries throughout the world. This study examines the significance of the concept of the Islamic law, or Shania’s supervision of the Islamic banking. It shows the areas of the Islamic sharia’s supervision of financing services. The study also addresses the extent of Jordan Islamic bank (JIB) compliance with the Islamic law principles pertaining to finance services extended to customers, individuals or organizations in all its branches in the Hashemite kingdom of Jordan.

ASAS-ASAS BANTUAN HUKUM DAN PERAN HAKAM DALAM PENEGAKAN HUKUM: STUDI KRITIS ATAS TAFSIR AL-QURAN SURAT AL-NISÂ’ AYAT 35

This paper explains the bases of legal aid in Islamic law through a critical study on the concept of hakam reduced from the Quranic interpretation Surah al-Nisâ’ verse 35. As a primary source of Islamic law, the Quran is believed guarantying the universal principles of Islamic law that is relevant with law enforcement. It is also implemented practically and comprehensively in the line of the bases of legal aid and developed it into the concept of hakam. Therefore, it can be seen as one of Islamic law contribution within the rule of law in Indonesia through the concept of hakam which can be formed for development of legal aid concept and its application within the law of legal aid in Indonesia.

Between Pious Generosity and Faithful Service to the Ottoman State: The Vakıf of Nikolaos Mavrogenis, End of the Eighteenth Century

This paper aims to investigate the pious endowment (vakıf) established by Nikolas Mavrogenis, an Ottoman zimmi, who through appropriate patronage networks in Istanbul managed to be appointed dragoman of the Ottoman fleet and, later, voyvoda of Wallachia by the end of the eighteenth century. The paper focuses on the content of the endowment deed, which followed the principles of Islamic law, as well as on the confiscation of the endowed property as a result of the execution of Mavrogenis in 1790.

CEDAW AND THE RIGHTS OF KINSHIP IN ISLAMIC FAMILY LAW

The following article traces the issues of Human Rights (HAM) has always been the center of attention, including in relation to family law in Islam. The principles of equality, equal rights, and equal position for the relationship of husband and wife become a topic of interest for many people. The birth of the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), proves that the international community to pay more attention to this issue. Islam, as a religion which contains a comprehensive way of life certainly had her cover of this issue through the principles of Islamic family, because Islam was very attentive to the importance of the institution of family as one unit in society. The result of this article has been revealed that the basic principles of Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) for instances equality, equal position and equal rights in accordance with the principles of Islamic law. Keywords : Islamic Family Law, Human Rights, CEDAW, Kinship.