Review Of Islamic Law Research Articles

JUAL BELI DEBU METAL PERSPEKTIF HUKUM EKONOMI SYARI’AH (Studi di Toko Emas Pasar Talang Padang, Kabupaten Tanggamus, Provinsi Lampung)

Humans are social creatures who need each other so they can help. One of them is through the trade route which is carried out on the basis of benefit considerations, namely: buying and selling of metal dust. This buying and selling has been going on for a long time in several gold shops in the Talang Padang market, Tanggamus Regency, Lampung Province. Sellers and buyers do not know the gold content in the dust, so it is suspected that there is gharar. Furthermore, we will discuss how the Islamic law review about the practice of buying and selling metal dust in the gold shop, Talang Padang market, Tanggamus Regency, Lampung Province? This discussion concludes that the law of metal dust buying and selling that occurs in the Talang Padang market, Tanggamus Regency, Lampung Province is authentic. Although it is not yet known the amount of gold in the dust which causes one of the requirements of ma'qūd 'alaih not to be fulfilled, this obscurity (gharar) is gharar which is a small quantity that does not cause the seller or buyer to always lose because the seller and the buyer are the same person. have experience and expertise. So the buying and selling of metal dust is a legal buying and selling in Islam

Review of Islamic Law Against Execution of Collateral Auctions on Islamic Banking Institutions in Aceh, Indonesia

This article review Islamic law quoted from jurists’ opinion and legal experts on the use of auction trading theory in the collateral sale. Every financial transaction in Islamic banking required a guarantee. It is intended to save bank funds if the customer defaults. Based on constitutional act Number 4 of 1996 of mortgage rights, Islamic banks have the right to confiscate the asset (guarantees) of a customer who has reached the due date without intention to pay. However, the bank cannot carry out unilateral execution to make direct sales. The formal procedures which banks must follow to disburse funds from customer guarantees are usually long and often meet various obstacles. This article analyzes normatively and empirically the bail auction guarantees implementation on Islamic banking in Aceh based on the Islamic law concept from the al Quran, Hadith, and the scholars’ Ijma’. Although conventional law is still used in the auction rules, the implementation of guarantees as applied to Islamic banking has adopted many Islamic laws. However, in the practice, there are still many problems that arise from the Islamic law scope which uphold the philosophy of maslahah and the concept of justice. The paper, therefore, employs qualitative approach and secondary date to investigate Shariah perspective against execution of collateral auctions on Islamic banking institutions in Aceh, Indonesia.

Jual Beli Barang Bekas Melalui Bank Sampah Perspektif Hukum Ekonomi Syariah

This research was conducted to explain the practice of selling used goods through a waste bank. This study aims to clearly illustrate the practice of buying and selling used goods through garbage banks in Sajad District and a review of Islamic law on buying and selling used goods through garbage banks in Sajad District .
 Based on the results of the study concluded that the practice of buying and selling used goods through a garbage bank in Sajad Subdistrict already meets the terms and conditions of sale and purchase and is carried out on a like and like basis and no party feels disadvantaged. Review of sharia economic law on the sale and purchase of used goods through waste banks including legal buying and selling because in terms of purity of used goods sold in garbage banks are sacred goods and for used goods in accordance with the opinion of Hanafiyah scholars allow the sale and purchase of goods affected by unclean not to eaten. In terms of prices in the sale and purchase of used goods there has been an agreement between the two parties and no one is harmed.

Tinjauan Hukum Islam terhadap Pembentukan Keluarga Sakinah pada Prajurit TNI di Batalyon Infanteri 403/Wirasada Pratista Yogyakarta

This study examines the consideration of forming a sakinah family, Every TNI family in Infantry Battalion 403 / WP had their respective efforts in forming a sakinah family. In these efforts there are various obstacles, such as when a husband is assigned to a certain area for a period of six months to one year and the wife must be in the dormitory. Given this phenomenon, the authors are interested in researching and knowing more about the efforts in forming a sakinah family and reviewing these efforts with a review of Islamic law. This type of research is field research using qualitative data analysis. This research is a descriptive analysis, while the data collection used is observation and interviews. The approach used is normative-juridical. Based on the research that the author did, the efforts made are: First, maintaining good communication. Second, be honest, trust each other, look after each other, teach courtesy, respect each other and remind each other. Third, apply the principle of deliberation. Fourth, teach religious education. The environment in the Yonif 403 / WP military dormitory can have an effect, but not all of it, is the main reason for forming a sakinah family, because a sakinah family is a goal to be achieved by each family.

Peran Media Sosial Terhadap Jual Beli Online Skincare Ditinjau Dari Hukum Islam Di Toko Ms Glow Nganjuk

This study aims to obtain clarity on the role of social media in online sales in terms of Islamic law. Thus, social media must be able to provide a clear and directed picture. The focus of this research is What is the role of social media in buying and selling Ms Glow's skincare online? How do social media factors influence the buying and selling of MS Glow skincare online in Nganjuk district? And also How is the Islamic law review of buying and selling MS Glow skincare online on social media? The method in this research uses a qualitative approach by collecting data through observation, interviews and documentation. The data analysis technique is through data reduction, data unitization and categorization, data display (data display), and conclusion drawing. The results in this study are the role of social media in buying and selling online at Ms. Glow Nganjuk's shop is buying and selling using the social media system or with resellers / dropshipping. This online buying and selling transaction can be carried out using a contract, namely ba'i as-Salam. Social media factors can increase product sales, minimize costs used for promotion, interact with consumers and expand market networks. A review of Islamic law on buying and selling of Ms Glow's skincare online on social media at Ms Glow Nganjuk's shop has fulfilled the principles and conditions of buying and selling in Islamic law.

PENANGANAN ANGSURAN TERTUNGGAK DI KOPERASI SYARIAH ARRAHMAH BANJARMASIN DALAM TINJAUAN SOSIOLOGI HUKUM ISLAM

This research is motivated by the fact that the Arrahmah Islamic Cooperative as one of the Islamic financial institutions that offers financing products in its business, bears the risk of non performing financing with default actions in the form of installment payments in arrears by members. The research objective in this paper is to examine the sociological review of Islamic law on the handling of installments in arrears that occur in the Arrahmah Islamic Cooperative in Banjarmasin. This type of research is empirical legal research with a sociological approach to Islamic law. The results of the discussion show that in general, the socio-economic factors and the bad character of the members are the factors causing the arrears of installments in Arrahmah Islamic Cooperative. Based on a sociological review of Islamic law, the handling of installments in arrears carried out by the Arrahmah Islamic Cooperative is based on and is influenced by the aspects of the religiosity dimension built, legal handling efforts that refer to Islamic contract law, handling efforts based on the principle of maslahat and justice, and handling efforts based on sympathy and philanthropy.

MAHAR PERNIKAHAN SUKU BUGIS DITINJAU DARI HUKUM ISLAM DI DESA LAPRI KECAMATAN SEBATIK KALIMANTAN UTARA

This work discusses the marriage dowry of the Bugis tribe in terms of Islamic law in Lapri Village, Sebatik District, North Kalimantan. The problems to be examined in this research are, how is the position of the dowry, the process of determining the dowry of the Bugis tribe in Lapri Village, Sebatik District, North Kalimantan and how the Islamic law review regarding the marriage dowry of the Bugis tribe in Lapri Village, Sebatik District, North Kalimantan. The research method used in this research is a type of qualitative research, namely the type of research used to examine the conditions of natural objects. The results showed that the process of determining the dowry or wedding ceremony of the Bugis tribe in Lapri Village, Sebatik District was discussed at the time of ma'duta and the level or amount was decided when mappetu was present, namely, at the meeting of the two parties, both from the bride and the groom-male.

The Review of Islamic Law on the Distribution of Zakat Directly by Muzaki to Mustahik in the Sunan Ampel Religious Tourism Area in Surabaya

BAZ/LAZ was formed as an implementation of zakat management objectives so that it runs well and professionally. Through this research, it can be seen how the implementation of zakat distribution in the Muslim community in carrying out zakat payments and the various factors that cause the Muslim community who is obliged to do zakat to choose to distribute zakat directly to mustahik. Related to this type of research, the researcher used descriptive qualitative research with sociological and empirical approaches. In this study, researchers took the research object in the Sunan Ampel Religious Tourism Area in Surabaya. From the results of this study it can be concluded that the pattern of zakat distribution in the Muslim community occurs in two policies, namely following the BAZ/LAZ policy and the policies pursued through the direct distribution of zakat. The factors causing direct distribution of zakat occur due to the lack of socialization of the latest laws, the long distance from BAZ/LAZ, lack of trust and muzakki feel that they are more affluent and practically pay zakat themselves. The emergence of these reasons, it can be said that the management of zakat is included in the distribution of zakat illegally and violates the law due to a lack of coordination in the management of zakat.

Tabungan Emas dalam Tinjauan Hukum Islam (Studi Kasus di Pegadaian Syariah Cabang Pinrang)

This study aims to determine the practice of product contracts and a review of Islamic law on gold savings products in Sharia pawnshops. The research method used a field research approach (filed reaserch) which was qualitative descriptive, and data collection was obtained through observation, interviews and library research (library reaserch), and the research locus was carried out at the Pinrang Syariah Pegadaian Branch. The research results found that; First, regarding the practice, the Pinrang Branch of the Sharia Pegadaian provides many facilities for customers who want to start investing in gold. In addition, Pegadaian Syariah also offers products in the form of Gold Savings, which is a gold buying and selling service with deposit facilities. As for the process of liquidating (selling) gold, it is carried out in two ways, namely by reselling it if the customer wants cash and printing if the customer wants it in the form of gold bullion. Second, the Gold Savings scheme in Sharia Pawnshops is a problematic contract because one of the contracts has an element of usury, to be precise in the murabahah contract, where scholars have different opinions about its abilities. Jumhur ulama agree on the prohibition (because some scholars from syafi'iyyah and malikiyyah argue that gold is included as ṡaman (price, means of payment, money) which cannot be exchanged in installments, because it causes usury and must be done in cash at the time of the contract. Third, DSN MUI and other contemporary scholars consider that the sale and purchase of gold / murabahah gold is permissible both in cash and credit as long as they are not intended as security (price) but sil'ah (goods).

Analisis Komparasi Pemikiran Ibnu Hazm dan Syafi’i terhadap Hukum Musik

This research aims to examine the law of music in the review of Islamic law by comparing the opinion that forbidding the music especially from Shafi’i and opinion that allowing the music especially from Ibnu Ḥazm. This research used library research methods with comparative analysis approach. The results found some important findings. First, Ibn Hazm argued that the law of all things that have no clear evidence of it is permissable, including music. There are many flaws in the hadiths and aṡar that are expressed by scholars who forbid music, including the weakness of the mustard and the use of the word in narration that raises doubts in it. Second, Shafi'i allows certain instruments under certain circumstances such as tabla instruments used during war, not for something that neglects such as singing. Shafi'i hates acts that neglect a person from the Qur'an such as listening to a song even though there is a remembrance of Allah. There is a contention or comment from the scholars to Ibn Ḥazm who doubts the validity of Bukhari as a reliable hadith. Third, the differences in scholars on this matter are specific to Ibnu Ḥazm and Shafi'i's views, not including disagreements that allow a person to choose an opinion that he believes based on the evidence he has heard from both. This is because there has been clear evidence of cancelling one of the views of both. In this case, Ibn Ḥazm's opinion of the hadith which he thought was weak turned out to be a valid hadith and agreed upon by most scholars.

Praktik Jasa Laundry Chesta Barelejo Madiun Perspektif Hukum Islam

This is a of field research to highlight on "the Practice of Service of Loundry Chesta Balerejo Madiun" which aims to answer the two fundamental questions: (1) how is the practice of Loundry Chesta Balerejo Madiun? and how is the Review of Islamic Law on Loundry Chesta Balerejo Madiun?. The results of the study concluded that: first, in the practice of Loundry Chesta Balerejo Madiun, consumers came to bring their dirty clothes for laundry, then the dirty clothes were weighed by the laundry owner. The results of the scales and nominal prices were not stated and there was no evidence, either in the form of receipts or notes, so it was only known when the clothes were taken after being washed. In this case, most consumers are willing and do not feel disadvantaged and use the service again; second, the practice of Loundry Chesta Balerejo Madiun above is in accordance with Islamic law because it has fulfilled the pillars and conditions for a valid contract, where the perpetrator of contract is already 'aqil baligh and consists of two people, the object of the contract is clear and known to both parties. As for the case of sighat, although the laundry party did not mention it directly, both parties did not feel aggrieved and mutually agreed to each other. This is allowed by the majority of scholars except for Syafi'iyah scholars.

AKAD NIKAH ULANG SEBAGAI RITUAL MEMPEROLEH KETURUNAN DALAM TINJAUAN HUKUM ISLAM (STUDI KASUS PADA PASANGAN SUAMI ISTRI DI DESA TINGGEDE KEC. MARAWOLA KAB. SIGI)

Based on the research background that has been mentioned, the remarriage agreement as a ritual of obtaining offspring in a review of Islamic law, a case study of a married couple in the village of Tinggede, Kec. Marawola Kab. Sigi, then obtained several objectives from this study, namely to explain and describe how the process of remarriage contracts for couples in the village of Tinggede Kec .arawola, Kab. Sigi as a ritual to obtain offspring and how Islamic law review of the remarriage agreement to the couple in the village of Tinggede Kec.Marawola, Kab. Sigi as a ritual to get offspring. This study uses a qualitative approach with more emphasis on the relevance of the findings that occur in the field, so that the data can be presented in actual terms, the data collection technique used is the field of data collection techniques (field research). The intended data collection technique is collecting a number of data directly. The results showed that the process of implementing a marriage contract that occurred in couples in the village of Tinggede was as follows: firstly there was an underlying reason and secondly halal and haram re-marriage contracts were seen in terms of or the intention behind the process of a remarriage contract. So that in the Islamic religion, the glasses of Islamic law see this as a prohibition because of the descendants in a family, purely the gift of Allah. Humans can only endeavor, looking for reasons that are permitted by the Shari'a to get them.

PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM

The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.

ANALISIS NOSIBAGI PENGOLAHAN KAPUK DALAM TINJAUAN HUKUM ISLAM DI DESA DALAKA KECAMATAN SINDUE

This thesis is entitled Nosibagi Analysis of Kapuk Processing in Islamic Law Review in Dalaka Village, Sindue Subdistrict, by stating the main problem, How is the analysis of the Nosibagi kapok processing in Dalaka Village, Sindue District and how Islamic law reviews the Nosibagi system for kapok processing in Dalaka Village, Sindue District The method uses qualitative methods with data and data observation approaches starting from the beginning, where the author sees and analyzes things that are pleasing to the required data, especially Nosibagi (profit sharing) processing of kapok in Dalaka Village, Sindue District. Based on the results of the study, it shows that, First, the Nosibagi analysis of kapok processing in Dalaka Village, Sindue Subdistrict, is carried out orally among the parties concerned, with the provision of mutual trust with each other with a 50/50% share, including the owner of the capital and the manager. Second, in the review of Islamic law, this division prioritizes the value of justice for the parties concerned, where the owner of the capital does not take all of his shares if the sales of cotton mattresses and pillows are lacking, and the owner of the capital gives bonuses to managers in order to get more results. Managers, it is better to maintain the level of fairness in the distribution of the results of kapok processing which can be developed downward. Even though the agreement was made orally. It is hoped that the Government will pay more attention to the business of kapok processing so that the agreement is carried out well, as well as provide training on how to share good results according to Islamic law.

TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP STATUS CERAI TALAK DI LUAR PENGADILAN AGAMA (Pandangan Ketua Pengadilan Agama Bondowoso)

Divorce is the final path that must be taken in resolving domestic disputes and troubles, where the fracture of the household is no longer possible to restore, even if allowed to drag on, it is feared that it will cause the split of the families of both parties. The results of the review of Islamic law and positive law on the status of divorce talak that were passed outside the Bondowoso Religious Court, that the status of divorce talak outside the Religious Court in terms of Islamic legal aspects is not valid, even though it wins in classical jurisprudence, because talak is the absolute right of a husband. This kind of situation is viewed from the point of view of maintaining family interests, legal certainty and public order which does not create maslahat, even harms much, especially for women. Meanwhile, the view of the Head of the Bondowoso Religious Court on the legal status of divorce divorcees who were sentenced outside the Religious court is seen from the aspects of Islamic law and positive law is invalid, because it does not have legality issued by a religious court.

TINJAUAN HUKUM ISLAM TERHADAP PELAKSANAAN GADAI POHON DURIAN DI DESA BLIMBING KECAMATAN DOLOPO KABUPATEN MADIUN

This study aims to determine the implementation of durian tree pawning in Blimbing Village, Dolopo District, Madiun Regency, and to determine the review of Islamic law on the implementation of durian tree pawning in the area. A qualitative descriptive approach was used in this study. This research resulted in findings, 1) the implementation of durian tree pawning in Blimbing village begins with the arrival of the durian tree owner to the money owner's place to borrow money, the money owner checks the quality of the durian tree which will be used as a guarantee, if there is an agreement they sign the pawning agreement, by bringing in a witness. 2) There are deficiencies in the practice of pawning durian trees in Blimbing Village Dolopo Madiun because Murtahin takes all of the durian tree harvests even though the value exceeds the amount of money lent, maintenance costs for the durian tree are borne by Rahin. But every year there are still durian farmers who mortgage their durian trees, because of the advantages they feel the process is easy, fast, and practical. 3) There is an element of usury in the practice of pawning durian trees in Blimbing Village Dolopo Madiun.

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

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

FLEKSIBILITAS KOGNITIF DALAM BAHTS AL-MAS?IL NAHDLATUL ULAMA

This study is a review of Islamic law regarding cognitive flexibility in the fatwas of Nahdlatul Ulama (NU)’s Bahtsul Masail. Using epistemological approaches, this study suggests that cognitive flexibility in Bahtsul Masail NU is strongly rooted in Aswaja as NU's religious reasoning. Cognitive flexibility in the Bahtsul Masail NU is reflected in the practice of selecting literatures and opinions of mazhab scholars and the practice of interpreting the yellow book (kitab kuning) texts.

ISTIBD?L WAKAF:

this study is a review of Islamic law regarding the problem of using unproductive waqf assets, thus giving rise to the practice of istibdal waqf. The data studied were the fatwas of the Shafi`iyyah scholars, namely Abu Ishaq as-Syairazi and Sheikh Zakaria al-Ansari and then compared them using content analysis techniques. This analysis aims to understand deeply and critically about the contents of the fatwa relating to the issue. The data used are generated from reading fiqh books, both classical and contemporary, focused on the fatwas contained in the works of the two scholars above. The data is collected and then used as a legal comparison.
 in legal istinb?th, both Zakaria al-Ansari and Abu Ishaq as-Syairazi followed Imam Shafi`i in the process of selecting the arguments as well as the methods used. In the discussion of istibd?l waqf, the argument used is the hadith narrated by Ibn Umar about waqf by Umar ibn Khattab and the provisions contained therein. However, there are differences in the fatwas given regarding istibdal waqf. According to al-Syairazi, if the waqf is a mosque, it is not allowed at all. Because it is still possible to pray or i`tik?f in it even though it is destroyed. But if it is non-mosques, there are two opinions: First, it cannot be for the same reason as a mosque. Second, it is permissible to sell and then use the money to buy the same waqf property, rather than letting it go to waste. Zakaria al-Ansari saw waqf cannot be replaced, either a mosque or a non-mosque. However, if there is a damaged mosque, there is a fear of collapsing, or there is a fear of vandalism, then it is possible to tear down the mosque and then rebuild the mosque, which is located near the first mosque, using the remains of the mosque that was torn down.

PERSEPSI MASYARAKAT GAMPONG TANAH BARA KECAMATAN GUNUNG MERIAH KABUPATEN ACEH SINGKIL TERHADAP ZAKAT HASIL SAWIT

Many people in Aceh are involved in oil palm plantations, including in Aceh Singkil, moreover, prices are stable, so it's no wonder that every community dreams of having oil palm plantations, oil palm products that generate a lot of money are a problem whether it is a type of zakat or not. The main problems in this research are (1) how is the review of Islamic law on the zakat law for oil palm? (2) what is the community's perception regarding the zakat law from oil palm plantations? The purpose of this study is to determine the law of oil palm zakat in the perspective of Islamic law and the perceptions of the Tanah Bara village community. The type of research the writer will use is descriptive method research with a qualitative approach. The data collection techniques by means of observation, interviews and documentation. The results of this study indicate that the community's understanding of the zakat law from oil palm business is different, some people do not think that oil palm is a type of asset that must be zakat and others think that palm oil is a type of asset that must be paid zakat when it reaches the nisab of 653 kg or the value of zakat. Gold, namely 85 grams of gold in one year is issued 2.5% of zakat and is given to teachers of the Koran, relatives in the meaning of the word not according to the targets described in the Koran.