Provisions Of Islamic Law Research Articles

ANALISIS FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA NO: 141/DSN-MUI/VIII/2021TENTANG PEDOMAN PENDIRIAN DAN OPERASIONAL KOPERASI SYARIAH

Cooperatives according to the Fatwa of the National Sharia Council-Indonesian Ulema Council, NO: 141/DSN-MUI/VIII/2021 concerning guidelines for the establishment and operation of sharia cooperatives, sharia cooperatives are business entities consisting of one person or a cooperative legal entity that bases its activities on cooperative principles as well as as a people's economic movement based on the principle of kinship based on sharia principles. This research will try to examine the background of the Fatwa of the National Sharia Council-Indonesian Ulema Council, No: 141/DSN-MUI/VIII/2021 concerning Guidelines for the Establishment and Operation of Sharia Cooperatives and try to see the ijtihad method used by the MUI using the nash qathi, qawli and manhaji approaches. Analyzing the background of the fatwa here uses the concept of maslahah murlah to determine the benefits of determining the fatwa. Based on the research results, it was found that the background in making the fatwa was to try to provide an answer to the legal certainty of sharia cooperatives in response to the request from the Ministry of Cooperatives and SMEs and to emphasize that existing sharia cooperative businesses are in accordance with the provisions of Islamic law.

Legal Protection of Child Victims of Prostitution and its Contribution to the Development of Child Protection Law in Indonesia

This article analyzes the implementation of legal protection for child victims of prostitution in Lampung Province and its contribution to the development of child protection law in Indonesia. The research aims to evaluate the alignment between child protection practices and the provisions of Islamic law and positive law, and to identify regulatory needs that support comprehensive protection for child victims of sexual violence. The theory used is the theory of mashlahah mursalah, which emphasizes general welfare. This study employs field research with a qualitative approach and inductive reasoning. Data were collected through interviews and documentation from the Women and Children's Protection Agency of Lampung Province. The findings indicate that the implementation of legal protection for child victims of sexual violence falls short of the expectations set by the constitution and legislation. There is a need for more stringent policies to ensure that victims receive legal protection and free access to necessary facilities. The conclusion of this research is that efforts to protect child victims of sexual violence require regulatory improvements to align with the mandate of the 1945 Constitution. The contribution of this study lies in the development of policy recommendations that can enhance legal protection for children in Indonesia and provide insights into the importance of synergy between Islamic law and positive law in protecting children's rights.

Legal Protection of Pilgrims on Health Istithaah Standards in Indonesia

Hajj pilgrims are obliged to carry out their worship in accordance with the provisions of Islamic law, for this reason it is necessary to carry out health checks and health guidance for Hajj pilgrims in the concept of regulating Hajj health istithaah, namely Minister of Health Regulation Number 15 of 2016. Learn from the implementation of the Hajj in 2023 where the death rate for Hajj pilgrims is high , the government is drafting new regulations strengthening standards for determining Hajj health istithaah. This research is normative legal research and is descriptive analytical in nature. The results of the research show that this new regulation does not fulfill the aspect of legal protection for Hajj pilgrims because some of the Hajj pilgrims who are determined to not meet the Hajj health istithaah requirements while not having enough time to improve their health conditions in order to achieve istithaah. Specific and intensive health guidance is needed to prepare the Hajj pilgrims' health istithaah.

ANALISIS FIQH MUAMALAH DAN FATWA DSN MUI NO. 145 TAHUN 2021 TERHADAP PRAKTIK JUAL BELI ONLINE DROPSHIPPING DI KOTA BANDA ACEH, INDONESIA

The majority of scholars are of the opinion that the practice of dropship is haram because of this form of buying and selling, where the goods sold do not belong to the drop shipper (seller). This research aims to find out about the law of online drop shipping according to DSN-MUI Fatwa No.145 of 2021. This research uses the juridical-normative method, where the main data is obtained from a number of laws and regulations, fatwas of scholars and other secondary data. The results show that drop shipping is permissible as long as it does not conflict with the provisions of Islamic law: first, the drop shipper must first buy goods from the supplier before the goods are sold to the buyer; second, the drop shipper and the supplier have worked together so that the drop shipper has been authorized to sell the goods; third, there is a sighat ijab-kabul or contract that has been regulated in the fatwa; fourth, there is clarity about the goods, both in form, quality, cost and delivery time; fifth, there is a dispute resolution mechanism between drop shipper, supplier and consumer.

The Application Theory of Planned Behavior to Predict an Indonesian Muslim Student’s Intention to Buy Halal Foods in Taiwan

There are many of foreign students who studying abroad are certainly present an opportunity in it self. Food business become one of the emerging opportunities yet have to address consumer needs. An international student who wants to buy food surely have their own criteria. It is not only about the type and taste of the food but also the other aspect that they need to pay attention the most related to the status of halal food for them who become a Muslim. Halal food are those any kinds of various foods that are allowed to be eaten and drunk as long as it is suit with the provisions of Islamic law. This study uses Theory of Planned Behaviors to find out the best variables in predicting the purchase intention of halal foods in Taiwan specifically for an Indonesian Muslim students in Taiwan. Online questionnaire using Google Forms was used to predict for amount 342 an Indonesian Muslim students participate as the research sampling. This research used SEM PLS analysis using WarpPLS 7.0 software. For the result, Theory of Planned Behavior able to be used as a variable to predict the level of purchase intention in halal foods. The Attitude and Subjective Norm has significant result yet the perceived behavioral control has strongly significant results. The last one is about the religiosity that could be used by examine the purchase intention for halal foods as an intervening or mediating variable for this research.

Analisis Pandangan Hakim Terhadap Cerai Murtad Perspektif Hukum Islam di Pengadilan Agama Kraksaan Probolinggo Jawa Timur

This research examines the judge’s views on apostate divorce cases from the perspective of Islamic law at the Kraksaan Religious Court, Probolinggo, East Java. The research method used was descriptive qualitative with snowball sampling technique for sampling. Primary data was obtained from documentation and direct interviews with judges at the Kraksaan Religious Court, while secondary data came from books, laws and related journals. The results of the analysis show that the judge’s views on apostate divorce are influenced by various factors, including religious, legal, social, economic and humanitarian aspects. The judge carefully considers the reasons for apostate divorce in accordance with the provisions of Islamic law and applicable positive law. The judge’s decision in an apostate divorce case must take into account the welfare of the child, socio-cultural conditions, the couple’s economic capabilities, and the principles of justice. This research underscores the importance of judges’ decision making that is fair and balanced, taking into account all relevant factors to reach a dignified solution for all parties involved in the divorce process.

Analisis Pandangan Hakim Terhadap Cerai Murtad Perspektif Hukum Islam di Pengadilan Agama Kraksaan Probolinggo Jawa Timur

This research examines the judge’s views on apostate divorce cases from the perspective of Islamic law at the Kraksaan Religious Court, Probolinggo, East Java. The research method used was descriptive qualitative with snowball sampling technique for sampling. Primary data was obtained from documentation and direct interviews with judges at the Kraksaan Religious Court, while secondary data came from books, laws and related journals. The results of the analysis show that the judge’s views on apostate divorce are influenced by various factors, including religious, legal, social, economic and humanitarian aspects. The judge carefully considers the reasons for apostate divorce in accordance with the provisions of Islamic law and applicable positive law. The judge’s decision in an apostate divorce case must take into account the welfare of the child, socio-cultural conditions, the couple’s economic capabilities, and the principles of justice. This research underscores the importance of judges’ decision making that is fair and balanced, taking into account all relevant factors to reach a dignified solution for all parties involved in the divorce process.

Problematika Pengajuan Sertifikasi Halal: Studi Kasus UMKM di Pasar Kordon

Indonesia is one of the largest Muslim-majority countries in Southeast Asia. Kordon Market is one of the traditional markets located in Bandung, precisely on Jl. Ibrahim Adjie, Kujangsari, Bandung. Kordon Market is like other traditional markets where there are many traders who sell basic or primary daily necessities. There is a fact that the majority of people around the Kordon market or 97% are Muslims and the remaining 3% of the population are non-Muslims. So, it requires food products that are in accordance with the provisions of Islamic law. The type of research used is a type of field research, namely research with the aim of obtaining data directly into the field and literature study, namely data collection by understanding and studying theories from various literature related to research. Halal certification is a fatwa written by the Indonesian Ulema Council stating that a halal product must be in accordance with Islamic law. The purpose of a halal certificate is to guarantee the halal certainty of a product so that it can calm the hearts of those who consume it.The results of this study indicate that the causes of the large number of SMEs that have not yet been halal certified are Micro, Small and Medium Enterprises who think that halal certification is not something important, because the products they manage use safe basic ingredients so that it has been proven that they are halal because there is no addition or mixture with ingredients or something haram, Lack of knowledge about halal certification, Assume the process of applying for halal certification is not easy or complicated, Have limited funds to obtain halal certificates.

Buying and Selling Marijuana Coffee in Cross Medan, Southeast Aceh Perspective of DSN MUI Fatwa No.110/DSN-MUI/IX/2017

Buying and selling is an agreement to exchange goods that has benefits for the user. In its implementation, buying and selling must be based on the provisions of Islamic law, in that it does not contain elements that are forbidden, because of Allah SWT. has permitted buying and selling and prohibited usury. The concept of buying and selling in Islam encourages transactions that are honest, fair and beneficial to both parties as well as maintaining a good relationship with Allah and gaining His approval. The practice of buying and selling marijuana coffee across Medan, Southeast Aceh violates legal regulations. Of course, coffee can be consumed halally, but not marijuana. The combination of coffee and marijuana is a problem whether this type of drink is halal for consumption, in the perspective of DSN MUI Fatwa No.110/DSN-MUI/IX/2017 concerning Sale and Purchase Agreements. If buying and selling marijuana coffee is carried out then this buying and selling is not valid according to Islamic law because there are elements of haraam which are prohibited both by religion and by law in Indonesia. The research method used is an empirical juridical method, namely field research, using a qualitative approach.

Pelatihan Tajahizul Mayit Sebagai Wujud Pengimplementasian Ilmu Agama pada NNB Simarloting

In this community service activity, researchers provide assistance on important issues related to human relationships with other humans, namely the issue of tajhizul deceased (care of corpses). Islam pays very serious attention to this issue, so this is one of the obligations that must be fulfilled by humanity, especially Muslims. This service work aims to 1). Providing to equip Naposo Nauli Bulung in Sampuran Simarloting Village with tajhizul mayit skills, 2). train Naposo Nauli Bulung so they can implement and develop religious knowledge. Meanwhile, the benefits that will result from this training are 1). Improving the skills of the Naposo Nauli Bulung in handling corpses properly and correctly in accordance with the teachings of Islamic law, so that if one day they are needed they are ready to use them. 2). Increase in skilled personnel in handling corpses. 3). Increased skills of the Modins in handling corpses. Naposo Nauli Bulung has been able to implement and practice methods of handling corpses properly and correctly in accordance with the provisions of Islamic law. The research method in this activity is the Participatory Action Research (PAR) method. Apart from the PAR method, we also conducted observations and interviews. From the assistance in the implementation of tajhizul corpse training which was carried out in Sampuran Simarloting village with the training target, Nauli Bulung naposos have been able to practice how to handle corpses properly and correctly in accordance with the provisions of Islamic law.

Implementation of Bailouts on Umrah Financing Products at FIFGROUP Amitra Syariah in the Perspective of Positive Law and Islamic Law

The implementation of Umrah financing through bailouts is a product issued by PT. FIFGROUP (AMITRA) for Umrah financing through Umrah bailout funds using ijarah contracts, referring to Fatwa DSN MUI No. 09/DSN-MUI/VI/2000 concerning Ijarah Financing and Fatwa DSN MUI No. 44/DSN-MUI/VIII/2004 related to multiservice financing. Implementation of Umrah bailout funding at PT. FIFGROUP (AMITRA) benefits Ujrah by considering the customer’s repayment time rather than taking advantage of salaries and administrative services provided by PT. FIFGROUP (AMITRA) to customers. The view of Islamic law and positive law regarding the financial arrangement of Umrah through PT FIFGROUP (AMITRA) Genteng uses the Qardh Wal Ijarah contract because the implementation of the contract is not in accordance with what is regulated in fatwa DSN No. 29/DSN-MUI/VI/2002, where the amount of all-ijărah service compensation cannot be borne based on bailouts. Al-Qardh, or the provisions of Islamic law, tend to contain elements of usury.

Kedudukan dan Hak-Hak Perempuan Dalam Perspektif Islam

Women are beings created by Allah Swt., just as men with perfect form because they are equipped with reason and conscience. However, in the course of his life, there were controversies and problems. The position and rights of women are still questioned and debated in contrast to men who are seen as perfect human beings with no flaws. These differences give birth to injustices that impact women which manifest in various forms such as marginalization, subordination, stereotypes, and workload. The method used is a qualitative method where researchers follow a theoretical orientation with the type of literature research, the data obtained are extracted from various literature related to research. The analysis in this paper shows that women have the same position as men, both as servants of Allah Almighty and caliphs on earth. But that does not mean women are given the same position and rights as men. To maintain the chastity, position, and dignity of women, Islam guides with the provisions of Islamic law as limits and protections, not as discrimination or injustice of women's position and rights.

EARLY MARRIAGE AND ITS INFLUENCE ON FAMILY HARMONY IN AN ISLAMIC PERSPECTIVE

Early marriage is marriage at a relatively young age and has a complex influence on family harmony. Family harmony is a condition where household happiness is achieved and there is little conflict so that a peaceful and harmonious family is created.
 In addition to early marriage, among family factors it becomes less harmonious because of a lack of mental and emotional readiness, financial stability, readiness to assume responsibility, and level of education. Also, there is communication within the family that is not smooth and good, lacks mutual respect, does not support each other, and does not understand each other's needs. Thus, early marriage is not the only factor that affects family harmony, but other factors must also be considered to build harmonious and happy relationships in the family.
 In Islam, harmony in the family is considered very important. The family is considered the foundation of society and important for maintaining the integrity and stability of society. More specifically, the family in Islam is seen as a relationship that is regulated by the provisions of Islamic law. This includes the duties and responsibilities of each family member, rights and obligations, as well as laws that must be obeyed in everyday life. Islam also emphasizes the importance of balance in the family, where husband and wife must support each other and work together to achieve the common goal of building a happy and harmonious family. So the writer tries to raise this phenomenon with the title, "Early marriage and its influence on family harmony in an Islamic perspective".
 Keywords: early marriage, harmony, family, Islamic perspective.

Living Economy: Relevansi Fatwa DSN-MUI tentang Online Shop dalam Etika Bisnis Seller E-commerce pada Aplikasi TikTok

<p><em>This study discusses e-commerce business ethics that realize business continuity, but there are problems between buyers and sellers not meeting face to face which can harm consumers. Therefore, the importance of the trust of both parties is an absolute requirement in buying and selling online. This is implementing business ethics based on the provisions of Islamic law and the presence of maqashid sharia and the DSN-MUI Fatwa regarding online shops. This study aims to analyze the application of the DSN-MUI Fatwa regarding online shops that pay attention to TikTok e-commerce business ethics. This research method is a normative research using maqashid sharia theory by </em><em>Wahbah Zuhaili</em><em>. The results of the study, that the authors argue find the relevance of e-commerce that is aligned with the DSN-MUI Fatwa regarding online shops as Islamic legal rules that maintain trust in sellers and buyers in the continuity of business ethics, such as the findings of fathanah ethics (professional), amanah (trusted), shiddiq (honest), and tabligh (transparent). Thus, the implications of TikTok e-commerce contribute to maintaining the stability of the continuity of seller's business ethics for the people's economy.</em></p>

Review of Sharia Economic Law Regarding Prices and Sizes in Buying and Selling Empang Crabs

This study aims to find out the practice of buying and selling crabs at different prices and sizes and to review Sharia economic law regarding the practice of buying and selling crabs. This research uses descriptive and qualitative research methods. The author's data collection technique involves conducting observations, interviews, and documentation. The results of the research show that the practice of buying and selling pond crabs in Watu village, Cenrana subdistrict, Bone Regency is carried out by the collector contacting the fisherman, and the collector usually gives the fisherman a down payment so that when the fisherman gets the sea lobster catch, he immediately gives it to the collector. The practice of determining prices and sizes is that before selling to buyers, collectors have sorted and divided the sizes of crab types with predetermined price differences. Meanwhile, collectors get crabs from fishermen with crabs that have not yet been sorted by type and size, while all those involved in the practice of buying and selling crabs do not understand the existence of ministerial regulations governing the size of crabs. Buying and selling crabs according to Sharia economic law is legal because it complies with the provisions of Islamic law. However, in the practice of buying and selling crabs, buyers only feel burdened by the high prices set. Because in buying and selling, both parties must be equally sincere and willing without anyone feeling disadvantaged.

Child-free Lifestyle in Muslim Societies: A Review of Islamic Law and Indonesian Kiai Figures Perspective

The decision of a husband and wife not to have children caused a polemic in Indonesian society because it was suspected that it violated the prevailing norms, cultural values and religious teachings. At the same time, this trend began to develop in Indonesia after the recognition of several public figures who decided to be child-free. This study aimed to find out how the process of the spread of a child-free culture and prevention of pregnancy that occurs in the community and how the provisions of Islamic law and policies as well as counter the kiai leaders of the Tebuireng Islamic Boarding School in responding to the child-free phenomenon. The type of this research is descriptive field research using a phenomenological approach. Primary data sources were obtained through interviews and documentation of child-free actors and kiai figures from the Tebuireng Islamic Boarding School and supported by secondary data in the form of written literature or scientific works. The results of this study explain that child-free couples or individuals have various motives and methods of preventing pregnancy. Kiai leaders of the Tebuireng Islamic Boarding School and the provisions of Islamic law are of the view that the law of a child-free lifestyle is makrūh and cannot benefit from marriage ‘tark al-afdal’ because it is considered contrary to maqāşid al-syarī’ah ‘the purpose of sharia’, maqāşid al-nikāḥ ‘purpose of marriage’, and the fiṭrah or nature offspring.

The Concept of Safe Zakat Management According to the Provisions of the Prevailing Laws and Regulations in Indonesia

Poverty remains an inherent reality in the lives of Indonesian people, largely due to the prolonged economic downturn faced by the nation. This issue is prevalent in developing countries, including Indonesia, affecting a significant portion of its population. To address this challenge, Allah Almighty has established zakat, infak, and alms, encouraging financially capable Muslims to show compassion for the poor and fostering a harmonious relationship between the two. The purpose of this study is to explore the concept of safe zakat management, ensuring compliance with prevailing laws and regulations in Indonesia. The article adopts the normative juridical method with a normative sociological approach, relying on secondary data sources and employing analytical descriptive methods for analysis. To tackle poverty effectively, cooperation with both government and private institutions, known for their proficient financial management, is crucial. This collaboration serves as an effort to overcome these social problems. In managing zakat, there are specific rules that govern both positive law and Islamic law. It is essential for this management to align with applicable regulations and the provisions of Islamic law. Through such efforts, the public can gain a comprehensive understanding of how to manage zakat safely and in accordance with the relevant regulations, ensuring it is halal (permissible) in line with Islamic principles.
 Keywords: zakat management, zakat, safe

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.

The Benefıts of Ex-Wıfe and Chıldren Post Jurısdıctıon at Relıgıous Court Class 1B Metro and How They Are Fulfilled

This study describes the implementation of fulfilling the wife’s livelihood and post-court decisions. Some husbands neglect this obligation. The focus of this research is on the implementation of fulfilling the living expenses of the ex-wife and children after the court’s decision at the religious court class 1B Metro Islamic law perspective. The ex-husband had to previously pay for these obligations based on sadd az-Zarī’ah to help the wife’s economy after the divorce. However, the child’s livelihood after the court’s decision in PA class 1B Metro is not by the provisions of Islamic law. The ex-husband does not pay for the child’s support after the divorce, but only pays it once at the time of the divorce vow, not routinely, and not with a nominal value smaller than the court’s decision.
 Keywords: Universitas Islam Negeri Raden Intan Lampung

Tinjauan Hukum Islam Terhadap Praktik Jual Beli Tanah (Stadi Kasus Di Desa Karangdoro Kecamatan Tegalsari Kabupaten Banyuwangi)

This study aims to determine the practice of buying and selling land in Karangdoro Village, Tegalsari District, Banyuwangi Regency and to find out an overview of Islamic law on the practice of buying and selling land in Karangdoro Village, Tegalsari District, Banyuwangi Regency. The type of research used by the authors in completing this thesis is qualitative descriptive research. The analytical tool used in this study is an interactive model. The results obtained from research regarding the practice of buying and selling land in Karangdoro Village. In buying and selling through a broker, a broker gets 5% of the sales proceeds, where the percentage has become local custom or takes from the addition of the selling price of the land. In addition, usually when a land owner asks for a net price from the sale of land. after knowing the price demanded by the land owner, the broker will find a buyer and offer the goods. After the broker has agreed on a price with the buyer, the buyer will meet with the land owner to enter into an agreement or agreement. The sale and purchase transaction of land in Karangdoro Village is valid according to Islamic law, because it complies with the terms and conditions of sale and purchase, and the addition of prices by brokers in selling land is permissible under Islamic law because they have obtained permission from the land owner. So from the results of the research that the researchers did, it can be concluded that the provisions of Islamic law regarding the practice of buying and selling land in Karangdoro Village, Tegalsari District, Banyuwangi Regency, the practice of buying and selling that is carried out is valid because it complies with the terms and pillars of buying and selling and adding prices by the broker is legally permissible Islam.