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Rudy Haryanto und Lailatul Maufiroh. „An Waqf Land in Madura; Its Management and Typical Dispute Resolution“. AL-IHKAM: Jurnal Hukum & Pranata Sosial 18, Nr. 2 (29.12.2023): 496–518. http://dx.doi.org/10.19105/al-lhkam.v18i2.7570.
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The abundant waqf practice does not always come with good management which leads to the emergence of conflicts. Conflicts over waqf land are easy to find, including those that occurred in Pangereman Village, Ketapang District, Sampang Regency, East Java Province. This research aims to explore the waqf land practice and management, the conflict or dispute, and its resolution according to Islamic and Indonesian positive law. The method used is descriptive qualitative by connecting the theories and problems of Islamic and Indonesian positive law. Data was obtained through observation and in-depth interviews with nāẓir, wāqif, wariṡah wāqif, village heads, and religious figures. Researchers also observed the situation of the village and the current condition of the conflict. The results of this research are: 1) the waqf land practices had occurred in a cultural way and the village government is the one who manages it; 2) the conflict was due to the absence of waqf transaction official note while the waqf land was not used anymore. This situation led to the heir of wāqif wanted to take the waqf land back; 3) Conflict resolution through traditional ways (deliberation and mediation) was proved to be effective. The role of kiai as a trustworthy one did matter. Although the litigation way was not used, it showed the same spirit as what Indonesian positive law coveys about conflict resolution.
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Ismi, Hayatul, und Yeni Kusumawaty. „Conflict Management Policy on Oil Palm Plantations in Riau Province: Islamic Review“. Jurnal Kajian Peradaban Islam 5, Nr. 2 (31.10.2022): 185–93. http://dx.doi.org/10.47076/jkpis.v5i2.130.
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Riau Province has a large area of oil palm plantations. Of the land area of 2.32 million hectares, 1.53 million hectares are oil palm plantations owned by the community. In 2019, there were 51 cases of natural resource conflicts in Riau Province, of which the plantation sector was the most with 40 cases (78.40 percent). This study applied a qualitative descriptive method to understand the phenomenon of plantation land conflict that aimed to: (1) identify the factors that cause conflicts in oil palm plantations in Riau Province; (2) identify current policies related to the handling of plantation conflicts and (3) recommend policy suggestions that better protect the interests of the community from an Islamic perspective. This study concluded as follow: (1) the causes of land conflicts identified are non-legal factor which is related to the management of land use and access, and legal factor which is related to judicial and regulation overlap; (2) Regarding the current policies related to plantation land conflicts, the development of oil palm plantations is basically in line with the mandate of the 1945 Constitution that natural resources are controlled by the state and used for the prosperity of the people.; (3) to protect the community interests in plantation land, this study recommends policy based on Islamic guidelines in land ownership. Islamic law classifies ownership into individual property rights (al-milkiyah al-khassah), collective property rights (al-milkiyyah al-'ammah) and state property rights (al-milkiyah al-daulah). This classification protects the community's property rights individually and collectively because investors cannot dictate the state to take over community ownership. Islam also has rules for activating inactive land and distributing it to people who can manage it, which will be the solution to unauthorized land use that is prone to conflict.
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Sukendar, Sukendar. „PENDIDIKAN DAMAI (PEACE EDUCATION) BAGI ANAK-ANAK KORBAN KONFLIK“. Walisongo: Jurnal Penelitian Sosial Keagamaan 19, Nr. 2 (06.11.2011): 271–86. http://dx.doi.org/10.21580/ws.19.2.158.
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The conflict is as natural of law (sunnatullah) that always there in the course of human life. So that conflicts do not lead to violence and social disaster, the conflicts need to be managed properly. Managing conflicts is not solely aimed at the cessation of conflict, or the signing of a peace agreement between the parties to the dispute. Over, conflict management must be followed by the management of post-conflict conditions. Among the efforts the condition of post-conflict is recovery of the affected populations, especially children who are the most vulnerable groups in a conflict. One remedy is to educate children affected by conflict through peace education. This needs to be done so that they are free from the trauma, did not carry a grudge in life, and capable of being a man who loves peace. This study will explore the efforts of peace education for children affected by conflict in the Latansa Islamic Boarding School, Cangkring, Karanganyar, Demak.
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Supriadi, Supriadi. „Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives“. Hasanuddin Law Review 1, Nr. 2 (31.08.2016): 258. http://dx.doi.org/10.20956/halrev.v1i2.312.
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In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.
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Supriadi, Supriadi. „Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives“. Hasanuddin Law Review 1, Nr. 2 (31.08.2016): 258. http://dx.doi.org/10.20956/halrev.v1n2.312.
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In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.
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Abu Jameh, Nour Adel. „A critical study of the case of discord and conflict in light of Article 126 of the Jordanian Personal Status Law for the year 2019“. Dirasat: Shari'a and Law Sciences 49, Nr. 2 (01.06.2022): 138–25. http://dx.doi.org/10.35516/law.v49i2.1516.
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Objectives: The study aims to: Explain the concept of discord and conflict in jurisprudence, and the Jordanian Personal Status Law; Explain the ruling on differentiation for discord and conflict in Islamic jurisprudence; identify the extent to which the judge relies on the two judgments in determining the percentage of abuse for each spouse; and Find out evidence for the entitlement of the dowry in full in jurisprudence and the Jordanian Personal Status Law. Methods: The study followed the inductive approach, which is based on extrapolating the texts related to the subject of the study from their original sources, and then analyzing them. It is also based on the comparative approach, where I presented the sayings of jurisprudence schools and the texts of the Personal Status Law and the Code of Shari'a Procedures. Results: The researcher concluded that the conflicts that occur after marriage between spouses have nothing to do with the dowry, because the dowry is the right of the wife. Conclusions: We recommend that the draft law reconsider the case of discord and dispute and reformulate the relevant legal texts. We recommend repealing paragraphs e, f, and g of Article 126 of the Personal Status Law.
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Kamali, Mohammad Hashim. „Amnesty and Pardon in Islamic Law With Special Reference to Post-Conflict Justice“. ICR Journal 6, Nr. 4 (15.10.2015): 442–67. http://dx.doi.org/10.52282/icr.v6i4.297.
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The subject before us has acquired renewed significance in the aftermath of the September 2001 terrorist attacks, the tumult and violence that has been on the increase ever since, but also what followed the advent of the Arab Spring in many Muslim countries. Conflicts that engulf countries and communities rarely, if ever, end by clean endings. They leave behind a host of issues, including the urge to take revenge by the aggrieved parties - hence a vicious circle of violence follows. Post-conflict justice requires careful management, such that measure - for - measure justice may not be the right option in one’s quest to restore peace. The spirit of peace and willingness to give and take, admission of truth and forgiveness may be among the more effective means of healing and moving forward. What role, if any, is there in the midst of all this for Islam’s guidelines on repentance, amnesty and forgiveness is the main subject I address in the following pages. Amnesty, pardon and forgiveness are the means, in Islamic theology and law, as also in most other world traditions, of relieving someone from punishment, blame, civil liability or religious obligation. The same result is often achievable by recourse to certain other methods such as reconciliation, arbitration, and judicial order. This article focuses on an exposition of Islamic law provisions on amnesty (‘afwa). The fiqh positions explored here derive, for the most part, from the Qur’an (normative teaching), or Sunnah of the Prophet Muhammad, pbuh, and general consensus (ijma’) of scholars across the generations. Yet instances are found where fiqhi interpretations of the relevant scripture are reminiscent of historical settings and conditions of their time, which may, upon reflection, warrant further scrutiny and interpretation more in tune with the contemporary conditions of Muslims.
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Dias, Rui, Rosa Galvão, Mohammad Iran, Paulo Alexandre und Nuno Teixeira. „Understanding the Efficiency Levels among Cryptocurrencies: Islamic, Green and Traditional“. Revista de Gestão Social e Ambiental 18, Nr. 8 (16.04.2024): e05959. http://dx.doi.org/10.24857/rgsa.v18n8-011.
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Background: Islamic cryptocurrencies are different from conventional ones in that they are backed by physical assets and are based on religious principles. After the COVID-19 pandemic, cryptocurrencies showed different behavior. However, there are not many studies on the efficiency, in its weak form, of these three typical families of cryptocurrencies (Islamic, green, and traditional). Purpose: This study compares the efficiency levels of Islamic cryptocurrencies (HelloGold), green cryptocurrencies (Cardano, NANO, Stellar, IOTA), and traditional cryptocurrencies (BTC and ETH) in the preceding period and during the geopolitical conflict between Russia and Ukraine in 2022. Methods: This research will use Lo and Mackinlay's (1988) variance ratio methodology, and the Detrended Fluctuation Analysis (DFA) model will be used. Results: The results indicate that the Islamic currency HGT and the green currency XNO display significant information asymmetries, rejecting the random walk hypothesis for various time intervals. Similarly, other green currencies such as XLM, ADA, and MIOTA, as well as ETH and BTC, reject the hypothesis to varying degrees and time intervals. Furthermore, the Islamic cryptocurrency (HelloGold) was anti-persistent before and during the conflict. The digital currencies ADA and BTC are persistent in both periods. ETH is in equilibrium in the pre-conflict period and becomes persistent during the conflict (0.50 - 0.56), while MIOTA and XLM are persistent during the pre-conflict period and shift to equilibrium during the Russian invasion of Ukraine in 2022. Finally, the XNO eco-currency shows the same anti-persistence characteristics during the two sub-periods. Conclusion: These results highlight the complexity and dynamics of cryptocurrency markets, indicating that different digital currencies can exhibit different temporal behaviors regarding information efficiency and persistence or anti-persistence patterns.
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Permasari, Rama Dhini. „Pandangan Hukum Keluarga Islam terhadap Manajemen Konflik Ekonomi Dalam Rumah Tangga“. Mitsaqan Ghalizan 1, Nr. 2 (05.06.2023): 48–62. http://dx.doi.org/10.33084/mg.v1i2.5135.
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This paper discusses about Islamic Family Law View on Economic Conflict Management in the Household. This research is motivated by the findings of many previous research results regarding the high divorce rate, the main cause of which is due to economic problems in the household. It is important to study how Islamic Family Law provides solutionsto economic problems that occur between husband and wife so that divorce can be avoided. His research is included in the type of library research (library research). To process the data that the author has obtained. So the authors analysis using content analysis techniques (content analysis). The results of this research is incuded in the type of library research. To process the data that the authors analyza using content analysis techniques. The result of this study reveal that the solutions for resolving economic conflict in the household in the view of islamic Famiy Law include: the husband fulfills the rights of his wife, the wife must know when she has the right to earn a living from her husband, the wife must know when she has the right to earn a livingfrom her husband, the wife must not demand rights beyond the limits of the husband’s ability, the wife must be patient and sincere with her husband.
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Maryani, Zainal Arifin, M. Kamal Fathoni, Neni Triana, Pidayan Sasnifa, Shofian Bin Ahmad, Rahmi Hidayati und Ramlah. „Islamic Philanthropy: Implementation of Regulations And Utilization of Waqf Proceeds in Jambi“. Jurnal Hukum Islam 21, Nr. 1 (24.06.2023): 159–80. http://dx.doi.org/10.28918/jhi_v21i1_07.
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The management and utilization of waqf is regulated in the waqf law. However, the majority of Nazirs did not carry it out. This was caused by the Nazirs' doubts that the state legal norms governing waqf were not in accordance with Islamic legal norms. This research aims to analyze the application of state legal norms in managing and utilizing waqf assets. The research method uses empirical juridical with a qualitative approach combined with statutory and conceptual approaches. The research location is in East Tanjung Jabung Regency, Jambi. The research results show that Nadir's low knowledge and understanding of state legal norms governing waqf management, including their low experience and professionalism in managing waqf, causes doubts for Nadir in developing management and productive use of waqf. Even though state legal norms governing the management and use of waqf do not conflict with Islamic law, madhab scholars view the use of waqf assets as permissible, although some scholars have differing opinions regarding the limits of such use. Therefore, increasing Nadir's understanding of state legal norms and Islamic legal norms that regulate the management and utilization of waqf is an urgent agenda in order to improve the welfare of the people.
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Siswanto, Masyhuri, Nur Hidayati, Muhtadi Ridwan und Rifki Hanif. „Impact of work-family conflict on job satisfaction and job stress: Mediation model from Indonesia“. Problems and Perspectives in Management 20, Nr. 2 (19.04.2022): 44–56. http://dx.doi.org/10.21511/ppm.20(2).2022.05.
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This paper analyzes the impact of work-family conflict on employees’ job satisfaction and job stress and determines how organizational commitment and social support reduce job satisfaction and job stress. The study employed a questionnaire to collect the data from 382 Islamic bank employees in Indonesia. After the data were collected, it was calculated using SEM-PLS. The results showed that work-family conflict was a significant predictor of job satisfaction and job stress. Furthermore, social support mediates the influence of work-family conflict on job stress. However, organizational commitment is not able to mediate the two variables. Practically, the results of this study indicate that bank employees have high work stress due to role conflicts that occur in their families. In addition, one of the causes of role conflicts is the government’s policy to work from home during the pandemic. Furthermore, social support can mediate the relationship between work-family conflict and job stress, meaning that social support can help employees reduce job stress due to role conflicts in their families. Therefore, companies must pay attention to the psychological condition of employees before giving assignments.
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Alfarisi, Muhammad Salman, und Destiana Kumala. „MANAJEMEN PENGELOLAAN DAN PEMBERDAYAAN TANAH WAKAF DI KECAMATAN KEMUNING KOTA PALEMBANG“. I-ECONOMICS: A Research Journal on Islamic Economics 7, Nr. 1 (05.07.2021): 63–73. http://dx.doi.org/10.19109/ieconomics.v7i1.8094.
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Waqf is an Islamic religious teaching that aims to build prosperity and develop an advanced civilization. The type of research used by researchers in this study is qualitative research, namely field research conducted by interview, observation, and describing facts in the field. The results of this study indicate that waqf land in Kemuning District, Palembang City is used for the establishment of a tahfidz foundation and mosque construction, as well as for school operations. According to a review of Islamic law in the management of waqf land in Kemuning District, Palembang City, it does not conflict with Islamic law. This can be seen from the business carried out that there is nothing that is contrary to Islamic law and in its implementation there are no elements that are forbidden. In the future, it is necessary to provide education about waqf, especially productive waqf, to nadzir in Kemuning Subdistrict, Palembang City so that its management is more optimal in developing waqf assets productively. Ministry of Religion agencies must actively provide counseling and coordinate with the Land Office, Nadzir, and PPAIW so that their roles and functions can run optimally so that they can increase productive waqf land in Kemuning District, Palembang City.
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Natsir, Muhammad, Fuadi, Darmawan, Zaki Ulya und Siti Sahara. „THE RELEVANCE OF ISLAMIC PRINCIPLES IN ENVIRONMENTAL MANAGEMENT IN ACEH“. PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 9, Nr. 1 (29.01.2024): 30–42. http://dx.doi.org/10.22373/petita.v9i1.209.
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Aceh has the power to modify its laws in line with Islamic law in compliance with the appropriate laws and regulations. The purpose of this essay is to study the environmental law concepts that apply to Environmental Managers under Qanun No. 2 of 2011. One of the principles is "Islamic," however the Qanun's content disregards this ideal, which is a concern. The goal of this study is to recreate the Qanun on environmental management in Aceh and establish a method of dispute resolution based on Islamic principles for those who commit environmental offenses. The methodology adopted is a normative juridical one based on rules and laws. In order to rebuild Qanun, Islamic law's requirements must be taken into consideration. This includes concretizing Islamic values in Aceh's environmental laws as a policy by using the lex specialist principle within the framework of the Unitary State of the Republic of Indonesia. Due to the fact that Indonesian criminal law does not recognize peaceful conflict settlement, this study is obviously innovative.
Abstrak: Berdasarkan peraturan perundang-undangan yang berlaku, Aceh memiliki wewenang untuk mengatur hukumnya sesuai dengan syariat Islam. Artikel ini hendak menelaah asas hukum lingkungan yang berlaku dalam Qanun No. 2 Tahun 2011 tentang Pengelola Lingkungan Hidup. Adapun salah satu asas adalah “keislaman”, namun permasalahan yang ditemukan yaitu substansi Qanun mengabaikan asas tersebut. Tujuan penelitian ini adalah untuk mencari bentuk penyelesaian sengketa sesuai asas keislaman dalam pengaturan hukum bagi pelaku tindak pidana lingkungan hidup sebagai rekonstruksi Qanun pengelolaan lingkungan hidup di Aceh. Metode yang digunakan adalah yuridi normatif dengan pendekatan peraturan perundang-undangan. Hasil temuan penelitian asas keislaman belum secara konkret diuraikan sebagai satu substansi utama Qanun tersebut. Qanun membutuhkan rekonstruksi dengan memperhatikan ketentuan syariat Islam diantaranya konkritisasi asas keislaman dalam regulasi lingkungan hidup di Aceh sebagai suatu kebijakan dengan menerapkan asas lex spesialis dalam bingkai Negara Kesatuan Republik Indonesia. Penelitian ini memiliki kebaruan secara jelas karena penyelesaian sengketa dengan perdamaian tidak dikenal dalam sistem hukum pidana Indonesia.
Kata Kunci: Relevansi, Asas Keislaman, Pengelolaan Lingkungan Hidup, Aceh
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Dwairi, Orwah Nassir. „Marital Abuse: Its Impact on Wife’s Right to her Dowry in Islamic Family Law“. Dirasat: Shari'a and Law Sciences 49, Nr. 1 (01.03.2022): 154–64. http://dx.doi.org/10.35516/law.v49i1.824.
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Objectives: The prime purpose of the present study is to critically address how the two Sharia arbitrators determine the percentage of marital abuse with a focus on its legal impacts on wife’s right to her dowry. Methods: Qualitative and quantitative research methods were applied in order to support and strengthen the arguments of the present study. It is highly important to jurisprudentially contextualise the issue of marital discord and conflict within the Islamic Fiqh. The researcher argues that Article No. 126 of Jordan’s Family Law No. 15 of 2019 is not effective enough in addressing cases of marital abuse because there is a steady increase in rates of the divorce based on issues of the marital discord and conflict in Jordan. Results: This study has come to the result that the two Sharia arbitrators’ report does not comply with Sharia guideline and Fiqh conditions in protecting wife’s right to her dowry. It is the contention of the researcher that the prompt and deferred dowry is the wife’s inalienable right in the Holy Quran and Sunnah. Thus, Article No. 126 needs to be reviewed to be more compatible with Islamic Law. Conclusions: Therefore, this study highly concludes that the determination of percentage of marital abuse in Sharia arbitration must be abolished and therefore the role of arbitrators should be restriced to the process of marital reconciliation, if applicable, such that it becomes more compatible with Islamic Fiqh.
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Lestari, Dini Maulana, M. Roif Muntaha und Immawan Azhar BA. „Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani“. Mabsya: Jurnal Manajemen Bisnis Syariah 1, Nr. 2 (26.12.2019): 131–44. http://dx.doi.org/10.24090/mabsya.v1i2.3461.
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Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.
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Dimyati, Khudzaifah, Saepul Rochman, Aidul Fitriciada Azhari und Kelik Wardiono. „Weltanschauung of the Indonesian Law: A Study on the Development of the Weltanschauung in the Indonesian Law (1945-2000)“. Journal of Law and Sustainable Development 11, Nr. 7 (25.09.2023): e1363. http://dx.doi.org/10.55908/sdgs.v11i7.1363.
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Objective: This article aimed to understand the factors of the development of the Indonesian legal weltanschauung as an effort to understand the potential of conflict that may happen post-Reformation in Indonesia.
Theoretical framework: The theoretical material in this article are state documents and legal regulations that support the rise and fall of the power regimes in Indonesia through the methodological weltanschauung in the study on the legal fundamentals and the state basis that has uncovered the conflicts that have so far been hidden and unresolved between the weltanschauung of the customary, Islamic, and colonial laws. This worldview conflict actually forms modern Indonesian law since its independence.
Results and conclusion: The weltanschauung of the Indonesian law was agreed upon on June 22nd, 1945 named Pancasila is contained in Paragraph IV of the Preamble of the 1945 Constitution or what is called Jakarta Charter. But in its development, there have been changes to its substance and official interpretations. These changes were simultaneous with various riots, rebellions, and violations of human rights under the ideological motive. But in the Reformation Era, its official interpretation tended to be based on legal pluralism.
Originality/value: Pancasila is deemed as an absolute and permanent thing, although historical facts show otherwise. Pancasila that was created on June 22nd, 1945 was changed on August 18th, 1945 by eradicating some words in its first principle. It also changed on October 29th, 1949 and August 15th, 1950 when its sentences were simplified. Towards the end of Soekarno’s reign, specifically in 1964, the word “Guided Democracy” was added after social justice in the fifth principle. Pancasila was then formalized by the New Order with the August 18th, 1945 format.
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Sukendar, Sukendar. „PENDIDIKAN DAMAI (PEACE EDUCATION) BAGI ANAK-ANAK KORBAN KONFLIK“. Walisongo: Jurnal Penelitian Sosial Keagamaan 19, Nr. 2 (06.11.2011): 271. http://dx.doi.org/10.21580/ws.2011.19.2.158.
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<p class="IIABSBARU1">The conflict is as natural of law (sunnatullah) that always there in the course of human life. So that conflicts do not lead to violence and social disaster, the conflicts need to be managed properly. Managing conflicts is not solely aimed at the cessation of conflict, or the signing of a peace agreement between the parties to the dispute. Over, conflict management must be followed by the management of post-conflict conditions. Among the efforts the condition of post-conflict is recovery of the affected populations, especially children who are the most vulnerable groups in a conflict. One remedy is to educate children affected by conflict through peace education. This needs to be done so that they are free from the trauma, did not carry a grudge in life, and capable of being a man who loves peace. This study will explore the efforts of peace education for children affected by conflict in the Latansa Islamic Boarding School, Cangkring, Karanganyar, Demak.</p><p class="IKa-ABSTRAK">***</p>Konflik merupakan sesuatu yang alami yang selalu ada dalam kehidupan manusia. Oleh karena itu agar konflik tidak mengakibatkan kekerasan dan petaka sosial maka konflik perlu dikelola dengan tepat. Mengelola konflik tidak semata-mata ditujukan bagi penghentian konflik atau penandatanganan kesepakatan antara kelompok-kelompok yang bertikai. Lebih dari itu, manajemen konflik harus diikuti dengan manajemen post-konflik. Di antara berbagai upaya manajemen post-konflik adalah pemulihan terhadap orang-orang yang menjadi korban konflik, khususnya anak-anak yang memang rentan terhadap efek konflik. Salah satu penanganannya adalah melalui pendidikan agar mereka terbebas dari perasaan traumatik, tidak membawa kedukaan mereka, serta mampu menjadi orang yang mencintai perdamaian. Kajian ini akan melihat bagaimana upaya pendidikan damai yang dilakukan oleh Pondok Pesantren Latansa Cangkring Karanganyar Demak.
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Suhadi, Suhadi, Anis Mashdurohatun und Gunarto Gunarto. „Reconstruction of Indonesian Islamic Law Compilation Using Madhhab Perspective Based on Justice Value“. Scholars International Journal of Law, Crime and Justice 5, Nr. 3 (22.03.2022): 122–27. http://dx.doi.org/10.36348/sijlcj.2022.v05i03.005.
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The purpose of this study is to describe the weaknesses of the Islamic Law Compilation (KHI) Practiced in Indonesia by examining and analyzing its contents and their problems from the perspective of the madhhab and reconstructing the KHI which contains Islamic law in the perspective of the madhhab based on the value of justice using the sociological juridical method. Informants as sources of research data are scholars, lecturers, judges, MUI, Islamic organizations, FKUB, Shi'i, Sunni, and Salafi Wahabi leaders. Data collection techniques with interviews and documentation. Data analysis goes through the stages of data collection, data reduction, data display, and verification. The results of the study found that (1) KHI only contains family law even though Islamic law is very complex and is not limited to family law. (2) Family law which is the formulation and result of the existing ijtihad of Indonesian ulama does not need to be revised because of its suitability and acceptance of various schools of thought in Indonesia. (3) Islamic law is always based on valid and recognized madhhabs and madhhabs in this world based on the 2004 Amman Treatise and 8 others, namely Sunni, Shi'i, Dhahiri, and Ibadli (Hanafi, Maliki, Shafi'i, Hambali, Dhahiri, Zaidi, Ja'fari, Ibadli). (4) There are 3 schools of thought that live and develop in Indonesia with their derivative mass organizations (Sunni Syafi'i, Sunni Hambali/Salafi - Wahabi, and Shi'i). (5) The three schools of thought in Indonesia are prone to conflict and can trigger disharmony and national disintegration. (6) The need for regulation of the recognition and harmony of various schools of thought in Indonesia through the KHI channel by reconstructing the 1991 Indonesian KHI with additions; recognition, protection, and harmony of various schools of thought with national insight as a complement to the contents of Islamic law and a unifying and harmonious forum that is based on justice-based law.
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Harahap, Nursapia, Warjio, Mardiah Mawar Kembaren und Elly Warnisyah Harahap. „ISLAM AND STATE IDEOLOGY: MASYUMI’S EXPERIENCE IN INDONESIAN POLITICS“. Journal of Law and Sustainable Development 12, Nr. 2 (20.02.2024): e3111. http://dx.doi.org/10.55908/sdgs.v12i2.3111.
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Objective: The purpose of this paper is to investigate the history of Indonesian politics, the Indonesian Islamic party, Masyumi, has made efforts to propose Islam as the basis of the state at the beginning of an independent Indonesia. Method: A descriptive qualitative approach is employed to examine that used is history persfective based on history data. Result: Masjumi's struggle to make Islam the basis of the country was rejected by groups who supported Pancasila as the state ideology. Conclusion: The findings reveal that Islamic political parties have consistently been perceived as unpopular, The struggle to establish Islam as a state has not only been challenged but has also marginalized the power controlled by President Sukarno. Originality/value:This paper gives valuable reference to political elite parties to consider the adoption of policy based on history of partners and conflict management in the construction political institution in Indonesian politics. The work produced by the Islamic ideology political party of Masyumi concerned. Self-made, distinctive and personal and the work created is self-produced without quoting, copying, or plagiarism of other people's work.
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Masrawan, Masrawan, A. Hafiz Anshari, Budi Rahmat Hakim und Syaikhu Syaikhu. „Legal Conflict in Zakat Management in the Prismatic Communities of Kapuas Regency, Central of Kalimantan“. Al-'Adalah 19, Nr. 1 (20.06.2022): 179–94. http://dx.doi.org/10.24042/adalah.v19i1.12466.
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Abstract: Legal Conflict in Zakat Management in the Prismatic Communities of Kapuas Regency, Central of Kalimantan. This study is aimed at analyzing the legal conflict in the management of zakat (charity) among prismatic communities in Kapuas Regency, Central of Kalimantan. This intersection occurs between Islamic law relating to the management of zakat and the tradition, or customary law held by the local community. This phenomenon gives rise to poly normativism (legal overlap) between formal rules and living traditions in the local community. This research is empirical-normative in nature, using a combination of several approaches, i.e., the empirical, historical, normative, and conceptual approaches. The data were obtained through interviews, documentation, and direct observation of zakat management institutions and community behavior supported by the tradition of local society. The results of the study indicate that there is an intersection between the rules used in the management of zakat and the customary laws that live in a prismatic society in Kapuas Regency. For this reason, it is necessary to make adjustments in the regulation of zakat management while raising public awareness of the importance of optimizing zakat to support the interests of the state, in general, and in particular, for the interests of the local Muslims themselves.
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Nurdin, Zefrizal, und Hilaire Tegnan. „Legal Certainty in the Management of Agricultural Land Pawning in the Matrilineal Minangkabau Society, West Sumatra“. Land 8, Nr. 8 (30.07.2019): 117. http://dx.doi.org/10.3390/land8080117.
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Agricultural land pawning is not a new phenomenon to the traditional communities (Masyarakat Adat) in Indonesia, especially the matrilineal Minangkabau people who rely on their agricultural land for economic transactions. Based on the national law, customary law (referred to as Adat Law hereafter) is to prevail over agrarian issues in Indonesia. But even so, agrarian issues remain under the influence of national law. This study discusses the management of agricultural land pawning in the matrilineal Minangkabau society according to national, Adat, and Islamic laws. Despite its popularity, the Adat law approach in dealing with land issues, especially agricultural land pawning, has not been well accommodated under National Law. This paper investigates how agricultural land pawning is regulated in Indonesia, with a focus on the Minangkabau society in West Sumatra. This paper does not seek to promote one legal system over another, but instead, it intends to promote legal certainty in agricultural land pawning in West Sumatra. To show how the lack of legal certainty can lead to confusion and conflict, this study relies on the contradicting verdicts of an agrarian conflict case from lower courts to the Supreme Court. The study reveals that the contradiction between national agrarian laws, Minangkabau Adat law and West Sumatra local Regulation No. 16/2008 on Communal Land Tenure causes confusion within the community and the judiciary. Legal certainty is crucial to strengthening the rule of law and democracy in Indonesia, and the conflicting interpretations of agrarian laws belittle this concept. This study suggests that one way to deal with legal uncertainty regarding agrarian law in West Sumatra, and throughout Indonesia, is to promote a stronger and more just decentralization, which is increasingly important as the country faces the question of legal unification. The suggested decentralization effort would leave local issues to the authority of local legislations.
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Hehamahua, Hayati. „Bagi Hasil Tambang Emas dalam Perspektif Ekonomi Islam (Studi Pada Tambang Emas Gogorea Kec.Waeapo. Kab.Buru).“ e-Journal Ekonomi Bisnis dan Akuntansi 7, Nr. 2 (17.09.2020): 159. http://dx.doi.org/10.19184/ejeba.v7i2.19597.
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The Gogorea Village Gold Mine is located on the eucalyptus area of the village of Gogorea, which is the owner of the heir of King Liliyali. Community gold mining that occurs in the Mount Botak gold mining area is a lesson for the owner of the Gogorea gold mine to make local rules or laws in managing gold mines. This study aims to determine the profit sharing system of gold mining management between miners and gold mining area owners from an Islamic economic perspective with a qualitative approach. Humans only borrow and use natural resources that Allah has provided, and have no right to control them absolutely. In an Islamic perspective, muamalah transactions take place honestly and transparently in order to avoid conflict and mafsadah (damage). With an Islamic economic approach, the research findings are (a). Initially, the Gogorea gold mining area was an eucalyptus land owned by the heir of King Liliyali so that bargaining power belongs to the heir's family, (b). The internal regulations that have been implemented have been able to reduce conflicts in the Gogorea gold mining area. (c). The existence of this local law is able to guarantee harmony and fraternal relations between miners and mining area owners.
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Majeed, Muhammad Tariq, und Abida Zainab. „Sharia’h practice at Islamic banks in Pakistan“. Journal of Islamic Accounting and Business Research 9, Nr. 3 (08.05.2018): 274–89. http://dx.doi.org/10.1108/jiabr-03-2015-0011.
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PurposeIslamic banks provide an alternative financial system based on Sharia’h (Islamic law). However, critics argue that operation at Islamic banks is violating Sharia’h particularly in terms of provision of interest free services, risk sharing and legal contract. The purpose of this paper is to empirically evaluate the Sharia’h practice at Islamic banks in Pakistan by considering some basic principles of Sharia’h. Design/methodology/approachPrimary data are collected from 63 branches of Islamic banks in Pakistan. Questionnaire is used as an instrument. The study uses structural equation modeling that includes confirmatory factor analysis and regression analysis. Data are codified and analyzed using SPSS and Amos. FindingsThis study finds that Islamic banks are providing interest free services, ensuring that transactions and contracts offered by Islamic banks are legal and offering conflict-free environment to customers. In contrast, estimated results expose that Islamic banks are not sharing risk and Sharia’h supervisory board is not performing its role perfectly. Similarly, it is found that organization and distribution of zakat and qard-ul-hassan are weak at Islamic banks. Research limitations/implicationsData are collected from Islamabad federal capital of Pakistan that hold just 5 per cent share of Islamic banking industry. This small share may not provide true picture of Islamic banking sector. Practical implicationsTo ensure risk sharing, Islamic banking industry must consider the development of new modes of financing and innovation of more products based on Sharia’h. State Bank of Pakistan should ensure separate regulatory framework that enable Islamic banks to provide qard-ul-hassan, organize and allocate zakat. Originality/valueThis paper discusses the perception of bankers, who are actually the executors, about Shariah’s practices at Islamic banks in Pakistan. There are not many discussions on this topic that could be found, and hence this could be considered as a significant contribution by this paper to the existing literature of Islamic finance.
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Al-Dawoody, Ahmed. „Management of the dead from the Islamic law and international humanitarian law perspectives: Considerations for humanitarian forensics“. International Review of the Red Cross 99, Nr. 905 (August 2017): 759–84. http://dx.doi.org/10.1017/s1816383118000486.
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AbstractThis article discusses a number of contemporary issues and challenges pertinent to the management of the dead in contemporary armed conflicts and other situations of violence and natural disasters under Islamic law and international humanitarian law. Among the issues and challenges faced by forensic specialists in Muslim contexts at present are collective burial, quick burial of dead bodies, exhumation of human remains, autopsy, burial at sea, and handling of the bodies by the opposite sex. The article concludes that both legal systems have developed rules which aim at the protection of the dignity and respect of dead bodies, and that they complement each other to achieve this protection in specific Muslim contexts. The main objectives of this article are twofold: firstly, to give an overview of the Islamic law position on these specific questions and challenges, in order to, secondly, provide some advice or insight into how forensic specialists can deal with them.
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Andriyan, Dody Nur. „Content Analysis (Analisis Isi) terhadap Peraturan Daerah Bernuansa Syariat Islam di Kabupaten Banyumas“. Jurnal Suara Hukum 1, Nr. 2 (30.09.2019): 121. http://dx.doi.org/10.26740/jsh.v1n2.p121-141.
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Regional Regulation (Perda) which regulates public issues such as prostitution, alcoholic beverages, gambling, and the relationship between men and women turns out to be identified as a Regional Regulation with nuances of Islamic law. in Banyumas Regency there is a Regional Regulation which if used by the identification of Arfiansyah above, it can be referred to as a Regional Regulation with nuances of Islamic law. The regulation is: Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. This research has two formulations of the first problem related to the results of the content of the analysis on the Perda that are nuanced by Islamic law in Banyumas Regency. Both of the results of the analysis content on the Regional Regulations that are nuanced by Islamic law in Banyumas Regency are not contrary to Law-Invitation Number 12 of 2011? This research is a qualitative-descriptive study. The research method used is normative juridical. The main source of data is the Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. Interviews were also conducted with resource persons. Furthermore, the results of the analysis were carried out. Regional Regulation No. 15 of 2014 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 15 of 2014 as a Regional Regulation with nuances of Islamic law is not true. Regional Regulation No. 16 of 2015 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 16 of 2015 as a Regional Regulation with nuances of Islamic law is not true. Both of these Perda (Perda No 15 of 2014 and Perda No. 16 of 2015) are not in conflict with Law No. 12 of 2011 concerning the Establishment of Legislation. Both in terms of content, principles, goals, arrangements, administrative sanctions and criminal sanctions. Formally and procedurally the two Perda are in accordance with Law Number 12 of 2011
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Andriyan, Dody Nur. „Content Analysis (Analisis Isi) terhadap Peraturan Daerah Bernuansa Syariat Islam di Kabupaten Banyumas“. Jurnal Suara Hukum 1, Nr. 2 (30.09.2019): 121. http://dx.doi.org/10.26740/1.jsh.2019.1.2.4662.
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Regional Regulation (Perda) which regulates public issues such as prostitution, alcoholic beverages, gambling, and the relationship between men and women turns out to be identified as a Regional Regulation with nuances of Islamic law. in Banyumas Regency there is a Regional Regulation which if used by the identification of Arfiansyah above, it can be referred to as a Regional Regulation with nuances of Islamic law. The regulation is: Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. This research has two formulations of the first problem related to the results of the content of the analysis on the Perda that are nuanced by Islamic law in Banyumas Regency. Both of the results of the analysis content on the Regional Regulations that are nuanced by Islamic law in Banyumas Regency are not contrary to Law-Invitation Number 12 of 2011? This research is a qualitative-descriptive study. The research method used is normative juridical. The main source of data is the Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. Interviews were also conducted with resource persons. Furthermore, the results of the analysis were carried out. Regional Regulation No. 15 of 2014 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 15 of 2014 as a Regional Regulation with nuances of Islamic law is not true. Regional Regulation No. 16 of 2015 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 16 of 2015 as a Regional Regulation with nuances of Islamic law is not true. Both of these Perda (Perda No 15 of 2014 and Perda No. 16 of 2015) are not in conflict with Law No. 12 of 2011 concerning the Establishment of Legislation. Both in terms of content, principles, goals, arrangements, administrative sanctions and criminal sanctions. Formally and procedurally the two Perda are in accordance with Law Number 12 of 2011
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Khaerul Aqbar, Azwar Azwar, Ihwan Wahid Minu und Muh. Arfah Herwin. „Sistem Bagi Hasil Pengelolaan Sawah Perspektif Hukum Islam (Studi Kasus Desa Pakkanna, Kecamatan Tanasitolo, Kabupaten Wajo)“. AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam 3, Nr. 1 (19.05.2023): 41–59. http://dx.doi.org/10.36701/al-khiyar.v3i1.939.
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This study aims to find out the review of Islamic law regarding the implementation of profit sharing in the management of rice fields in Pakkanna Village, Tanasitolo District, Wajo Regency. The type of research used is qualitative research in the form of field research with a normative and social approach. The results showed that the cooperative system for managing ricefields in Pakkanna Village used a profit-sharing system called the maruma system, in which the land owner gave his ricefields to cultivators to work on, while the seeds came from farmers. The distribution is 2:1, where 2 parts are for sharecroppers and 1 part is for landowners. Contract agreements are only made verbally, because of mutual trust. The profit-sharing system in Pakkanna Village, in Islamic law, has met the requirements because the contract is based on the Qur'an and hadith. In addition, this contract has become a custom that does not conflict with syara' and law, so the use of the profit sharing system is permissible.
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Alasmari, Mohammed Ali M. „A study of the reasons beyond the dispute between jurists regarding the ruling on learning the principles of jurisprudence“. Journal of Law and Sustainable Development 11, Nr. 11 (17.11.2023): e2106. http://dx.doi.org/10.55908/sdgs.v11i11.2106.
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Purpsoe: This research identified the meaning of "the principles of jurisprudence" as a description and name for a specific science. It also discussed the cause of the jurisprudence dispute.
Methods: To gather scientific material, I employed an inductive approach that involved examining books on Islamic jurisprudence, extracting relevant information, and arranging it appropriately. In the first section of this paper. In the second section, I mentioned the importance of studying the principles of jurisprudence, starting with resolving the conflict in the issue, followed by mentioning the opinions of scholars. The third section discussed the reasons for the dispute, which were limited to the methodologies of scholars and terminologies, resulting in a verbal disagreement. Finally, the conclusion was presented.
Results: The research findings highlight the significance of studying the principles of Islamic jurisprudence in comprehending the reasons for disagreements and their effects on various branches of Islamic jurisprudence. The role of terminologies and methodologies is emphasized as a crucial factor contributing to scholarly disagreements.
Conclusion: Verbal disagreements are shown to have a substantial influence on the the reasons for disagreements.
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Rodliyah, Nunung, und Risti Dwi Ramasari. „IMPLEMENTATION OF SYARI'AH ECONOMIC PRINCIPLES ON THE MANAGEMENT OF SYARI'AH MUTUAL FUND IN INDONESIA“. Yuridika 33, Nr. 2 (01.05.2018): 316. http://dx.doi.org/10.20473/ydk.v33i2.7380.
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Syari’ah Financial Institution is one of the institutions of Islamic doctrine that is currently mushrooming in the midst of modern Indonesian society. Along with the growth of syari'ah financial institutions, MUI issued that interest is usury which is unlawful. The entry of syari'ah financial institutions in Indonesia made a new breakthrough in the syari'ah capital market. One of the products of syari'ah capital market is Syari'ah Mutual Fund. Syari'ah mutual funds are defined as mutual funds as referred to in the Capital Market Law and its implementing regulations whose management does not conflict with the principles of syari'ah in the capital market. The problem of this research is how is the interpretation of the regulation of syari'ah economic principle in Indonesia and how is the management of Syari'ah Mutual Funds based on syari'ah economic principle in Indonesia. This research is normative research with descriptive research type. The approach used is normative juridical. The data collection was done by literature study and document study. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is then analyzed qualitatively. The findings of the research show that there are 3 (three) principles of syari'ah economy namely the principles of Tauhid, Justice, and Benefits. The regulation of syari'ah economic principles in Indonesia is regulated in the DSN-MUI and compilation of Islamic law. Basically syari'ah economic principles are in the field of Bank financial institutions and Non-Bank financial institutions. The arrangement of syari'ah economic principles, as well as regulated in law but also governed by Syar'i Law and Fiqh law through Ijtihad, by the method of Mashlahah Mursalah. Implementation of investments in Syari'ah Mutual Fund transaction mechanism in investing through Syari’ah Mutual Funds should pay attention to things that are not against the Islamic Syari'ah. Implementation of the transaction contract should not be contrary to the Islamic Syari'ah, whether prohibited because (1) Forbidden in addition to the substance, which contains tadlis, ihtikar, ba'i najasy, garar, and usury, as well (2) Because unauthorized, i.e. the order and conditions are not met, there ta'alluq, and there are two contracts in one transaction simultaneously. The idea of syari’ah economic principles recommends to the Syari’ah Banking Supervisory Board to make further regulation in the development of investing through Syari’ah Mutual Funds in Indonesia.
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Jusic, Asim, und Ashraf M. Ismail. „Islamic Finance in the Western Balkans: Prospects and Regulatory Challenges“. Arab Law Quarterly 26, Nr. 2 (2012): 193–210. http://dx.doi.org/10.1163/157302512x628332.
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Abstract In this article the authors contend that the murabaḥa debt-contract is over-emphasized, inefficient, and of questionable value with regards to creating Shariʿah-compliant alternatives to ribā-based finance. Instead, they argue that mushārakah, or equity-participation, should be the focus of Islamic financial innovation. They propose the creation of a new mushārakah market that would allow investors to bid for participation in investment projects, which would be distinguished from existing equity markets by requiring the direct participation of investors in a project’s management. Second, the authors address the legal and regulatory reforms necessary for mushārakah financing to succeed in the Western Balkans. They recommend the protection of property rights through financial arbitration mechanisms rather than court litigation. Arbitration resolves the conflict of laws inherent to Islamic finance, by providing a means of negotiating disputes between Islamic and secular sources of law. These measures reduce transaction costs associated with equity participation and thereby increase investor confidence.
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Aqbar, Khaerul, Iskandar Iskandar, Awal Rifai Wahab und Abdul Aziz Husaini. „Manajemen Pengelolaan Properti Syariah pada PT. Khansa Property Syariah Perspektif Fikih Muamalah“. BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 3, Nr. 3 (02.12.2022): 350–70. http://dx.doi.org/10.36701/bustanul.v3i3.670.
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This study aims to know and understand management and the application of sharia property contracts at PT. Khansa Properti Syariah in the perspective of fiqh muamalah. This research is a qualitative field research using a normative juridical approach. Data collection methods used in this study were interviews and documentation. The results of the study show that in management there are three stages, namely planning or marketing, launching or during marketing, and post-marketing. PT. Khansa Property Syariah pays great attention to location determination, pricing, building quality, services, buying and selling transactions, promotional media, and the Islamic environment. The practice of applying the contract of sale and purchase of property by PT. Khansa Property Syariah uses the bay' istiṣnā` contract in the sale and purchase transaction of the property in accordance with the muamalah fiqh perspective because the buyer has the right to discuss the contents of the contract but within the limits given by PT. Khansa Property Sharia. Likewise, management and marketing have fulfilled the terms of sale and purchase and do not conflict with Islamic law according to the perspective of muamalah fiqh. The implications of this research for PT. Hopefully Khansa Properti Syariah in the future will always implement the implementation of buying and selling according to Islamic law. In carrying out the property business, the company should also have large capital even without involving a bank, so that buyers do not have to wait long for their houses to be built.
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Groarke, Emer. „“Mission impossible”: exploring the viability of power-sharing as a conflict-resolution tool in Syria“. International Journal of Conflict Management 27, Nr. 1 (08.02.2016): 2–24. http://dx.doi.org/10.1108/ijcma-12-2014-0090.
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Purpose – This paper aims to show the viability of consociational power-sharing as a conflict-resolution tool in Syria. It further argues that a subsequent movement from consociational to centripetal power-sharing is vital to ensure sustainable peace. Design/methodology/approach – A theoretical overview of power-sharing as a conflict-resolution tool provides the basis for this paper, supported by empirical evidence and qualitative research analysis for its proposed application in Syria. Perceived obstacles to a negotiated settlement are outlined, with suggestions made as to how these issues can be transformed into incentives for invested parties. Such obstacles include Bashar al-Assad remaining in power, and calls for the implementation of Shari’a law by some opposition groups. Findings – While previously the conditions of the conflict were not conducive to peace talks, this paper finds that regional developments, including the rise of the Islamic State of Iraq and Syria, have re-opened the possibility of, and indeed the necessity for, political negotiations. Detailing the complexity of a conflict that goes far beyond a mere sectarian divide, the findings of this paper dispel the notion that a sectarian partition is a viable model for Syria. The paper highlights the multiple cleavages occurring simultaneously, and shows how a power-sharing model is best suited to deal with them. Originality/value – The paper analyses the ongoing inertia of political negotiations to peacefully resolve the conflict. It offers an approach to conflict-resolution in Syria that has, thus far, not been adequately considered in academic – or political – spheres.
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Freeman, Laura. „Environmental Change, Migration, and Conflict in Africa: A Critical Examination of the Interconnections“. Journal of Environment & Development 26, Nr. 4 (06.09.2017): 351–74. http://dx.doi.org/10.1177/1070496517727325.
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How should we understand the interconnections between environmental change, migration, and conflict in Africa? Should the rise of Islamic terrorism and Boko Haram in northeast Nigeria be directly linked to the drying of Lake Chad? Should cattle raiding in Kenya be seen as a result of drought across East Africa? Does the constrained migration of the pastoral Tuareg in the Sahel causally connect to desertification and their rebellion against governmental forces? Despite the compelling and often persuasive case for directly connecting environmental change to migration and conflict, there is a growing agreement in both the environment-migration and climate-conflict spheres that intervening variables determine if and how environmental change causes population movements and political violence. This article presents a case for migration as an intermediary and bidirectional causal variable. The article argues that close attention needs to be paid to local-level manifestations of conflict and (mal)adaptive forms of migration to understand the potential propensity of environmental change to lead to conflict in Africa.
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Armansyah, Armansyah, und Ibnu Radwan Siddik Turnip. „Family Resilience of MSMEs Traders after Toll Road Operation at Pasar Bengkel: Islamic Family Law Perspective“. Mimbar Keadilan 16, Nr. 1 (02.02.2023): 42–54. http://dx.doi.org/10.30996/mk.v16i1.7711.
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This paper aims at seeking how the implementation of family resilience among MSMEs traders after the toll road operation in the view of Islamic family law. This research is empirical legal research with a legal sociology approach. Sources of data were taken from interviews with MSMEs traders and qualitative methods were used to analyze it. The results show that the operation of the Medan-Kualanamu-TebingTinggi toll road affects the economic income of merchant families, the resilience of merchant families is still relatively strong in the view of Islamic family law. This condition was marked by reaching their resilience in terms of aspects of marriage legality, household integrity, fulfillment of rights and obligations, and aspects of conflict management. The efforts made by the families of MSMEs traders after the operation of the Medan-Kualanamu-TebingTinggi toll road maintain family resilience including finding their jobs to cover their lack of income, being open about financial problems and maintaining good communication between family members. Whereas in general the concept of family resilience is still being implemented among MSMEs traders at Pasar Bengkel even though affected by the toll road operation.
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Hassan, Rusni, und Nor Azdilah Mohamad Zaizi. „THE CONCEPT AND APPLICATION OF HIBAH AS A FINANCIAL INSTRUMENT FROM THE MALAYSIAN LEGAL PERSPECTIVE: AN ANALYSIS“. IIUM Law Journal 28, Nr. 1 (30.06.2020): 227–52. http://dx.doi.org/10.31436/iiumlj.v28i1.498.
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The principle of hibah (gift) is a popular subject in the Islamic law of administration, relating to wealth management. Hibah is a solution to deliver wealth to non-heirs apart from the wasiyyah (bequest) or faraid (succession) systems. However, in the broader context of wealth management in Malaysia, hibah has also been used as a financial instrument in the Islamic financial institutions’ products and services. Based on that, the legality and enforcement of hibah with regards to the related applicable laws in the Malaysian legal system might be affected in two different situations. First, the conflict of jurisdiction may be arising from the fact that the matter of the classical hibah concept will be under the jurisdiction of the classical hibah concept will be under the jurisdiction of the States, whilst the commercial hibah which has been structured with the Islamic banking and takaful products and services established by the Islamic financial institutions, will be under the Federal government. The scarcity of literatures discussing hibah from the perspective of Islamic banking and finance contributes to the limited understanding and awareness among the society on this matter. In view of that, this study explores and analyse the concept and application of hibah as the financial instrument in the Islamic banking and takaful products and services. This study also analyzes some relevant Shari’ah and legal issues on the application of hibah in the Islamic banking and takaful products and services, which are currently practiced by the Malaysian Islamic financial institutions. This is done by assessing relevant statutes and decided cases. This article finally provides recommendations to improve and enhance the application of hibah as an Islamic banking and takaful products and services in Malaysia.
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Nur Salsabil Juventania Syahputri und R. Tanzil Fawaiq Sayyaf. „The Application of Islamic Law to Improve Cultivating Humanity in Indonesia in Terms of Multicultural Fiqh“. Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam 8, Nr. 1 (30.06.2023): 57–70. http://dx.doi.org/10.25217/jm.v8i1.3398.
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The creation of this paper aims to find out how the efforts of Islamic law in improving the cultivation of humanity of society in Indonesia in terms of multicultural fiqh. To be able to achieve this goal, this article is written using the library research method, this article has three problems that will be discussed later, namely, what is meant by cultivating humanity, understanding multicultural fiqh, and how Islamic law efforts in increasing cultivate humanity Indonesian society according to the perspective of multicultural fiqh. In general, many researchers emphasize observations on general problems, while the problems written in this article have not been raised as objects of research before. So, this article is considered necessary to be made as a first step in reviewing the above problems. The topic of this problem is interesting to discuss because there are not many journal articles that discuss cultivating humanity in the scope of multiculturalism and multicultural fiqh, most previous researchers discussed general discussions and only focused on conflict management and education. This article provides new ideas on efforts to increase cultivating humanity in Indonesian society which highly upholds cultural heritage values but is associated with multicultural fiqh in solving issues that occur amid society.
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Munir, Zainal Arifin Haji. „Equality (Kafa'ah) In Marriage: A Dialogue of Islamic, State, and Customary Law in INDONESIA“. Journal of Law and Sustainable Development 11, Nr. 11 (03.11.2023): e1495. http://dx.doi.org/10.55908/sdgs.v11i11.1495.
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Purpose: Religious (Islamic), state and customary laws in Indonesia offer the same concept with different indicators. Islam offers the aspects of religion, descent, wealth, and beauty as elements to be considered. The state adds the aspect of age as a physical and psychological consideration for couples facing marriage. Customary law accommodates all of them by requiring the requirement of customary social strata in marriage. The praxis dialogue of the three laws above in Sasak tribal society is the object of study in this research. Theoretical Framework: Equality in marriage is a religious teaching, some of which is also constructed in local cultural values. The meeting of religious and cultural values sometimes does not go hand in hand, and gets resistance from the community. Conflict theory, social change, and Islamic methodology are used as basic theories. Method: The research used qualitative descriptive-analytical method, by observing the words, actions, and feelings of the informants in the research. Documentation and interviews were used to find the deepest things object of the research. Results: The study found that the equality required in the Sasak traditional marriage system aims to maintain descendants well and intact. However, the social strata requirements imposed in Sasak society have an impact on injustice on the female side and ignore the value of equality between humans. Marriage with mandatory equal conditions in social strata is widely ignored and resisted by the community. Social changes that cover the education system, economy, politics, communication, culture, technology, and other elements of novelty are a trigger for dialogue and resistance to the mandatory requirement of equality in social strata in Sasak traditional marriage. Religion and the state safeguard the legal needs of the community based on equality, justice and partiality. Conclusions: In principle, both religious law (Islam), customary law and state law aims to protect citizens and help them to achieve the goals of marriage. However, the meeting of the local values of a particular culture with the universal values of religion and the state is often not in harmony. Local culture values are still restrained by the old culture (feudalism), while religious and state laws tend to be open. With the opening of access to education, the mindset of the community has changed, which is also in line with the accelerated development program in Lombok.
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Avarskii, Roman Ismailovich, und Kh R. Dzhabbarinasir. „The Iranian concept of an Islamic university (on the example of the place and significance of Imam Sadiq University and its influence on the government of Iranian President Ebrahim Raisi)“. Мировая политика, Nr. 4 (April 2023): 82–95. http://dx.doi.org/10.25136/2409-8671.2023.4.69336.
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The objectives of this work are to consider the features of the activities of Imam Sadiq University and highlight the specific features of an Islamic university. The theoretical and methodological basis of the study was the works of Russian and foreign scientists devoted to the analysis of the activities of Imam Sadiq University and its place in the structure of the modern political course of Iran. The study identifies the general features of the Islamic concept of a humanitarian university, defined by the activities of Imam Sadiq University. The existence of significant contradictions that arise when the values of the Western and Islamic worlds collide during the development of the humanities is highlighted. The relevance of the topic under consideration is also emphasized by the growing conflict of interests of the Western and Islamic communities under the influence of the worsening Crisis in the Middle East, which has obviously increased the gap and confrontation between the two vast cultures. In the study, the authors note that today Iran is strengthening its course “to the East”, making a significant contribution to the development of the activities of Islamic universities and strengthening the integration of Islamic and humanitarian knowledge. The authors’ scientifically significant contribution to the study of the characteristics of Islamic universities is the identification of the general features of the concept of an Islamic university using the example of Imam Sadiq University, its activities and the opinion of the country’s spiritual leaders. The article emphasizes that graduates of Imam Sadiq University make a significant contribution to the current course of the Iranian government, since they form the structure of high-ranking officials - in the new government, the influence of Imam Sadiq University, whose graduates have penetrated into all spheres of the highest government power in Iran, is increasingly evident.
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Salleh, Ahmad Dahlan, und Mohd Tajudin Jamaludin. „HEDGING INSTRUMENTS FROM AN ISLAMIC PERSPECTIVE: AN ANALYSIS OF ITS IMPLEMENTATION IN THE FINANCIAL SECTOR IN MALAYSIA“. Advanced International Journal of Business, Entrepreneurship and SMEs 5, Nr. 18 (31.12.2023): 337–52. http://dx.doi.org/10.35631/aijbes.518027.
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The concept of hedging that is understood in the conventional financial system and the Islamic financial system has the same purpose, which is to manage risk. Islamic scholars agree that the law of hedging is a must in the syariah because it brings maslahah and fulfills the objective principles of the syariah. Even so, this concept that leads to the protection of property is accepted by Sharia scholars in accordance with the general principles in Islam that celebrate the welfare of the community. However, the application of the concept of hedging in the Islamic financial system needs to be different from the conventional financial system so that it does not conflict with the guidance contained in the Qur'an and the Sunnah which reject harm. Therefore, this writing aims to evaluate the actual position of the hedging concept according to the Sharia and then propose hedging parameters that are in line with the principles of the Sharia. The results of the study found that Islam recognizes the concept of hedging as one of the risk management methods, but its acceptance is bound by the condition of compliance with the guidelines that have been set. This study is expected to provide useful input especially to the Islamic finance industry in an effort to create more Sharia-compliant hedging instruments.
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Eldeeb, Amr Mohamed. „Ideological Rapprochement of the Islamic Revolution and the Muslim Brotherhood“. Мировая политика, Nr. 4 (April 2023): 21–31. http://dx.doi.org/10.25136/2409-8671.2023.4.37310.
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The creation of the Sunni Muslim Brotherhood movement in Egypt in 1928, and the success of the Shiite Islamic Revolution in Iran in 1979, led by the Khomeini movement, are important events in the twentieth century for the Muslim world and the Middle East. The role of these two movements is clear and important in all the historical events that have taken place in the Middle East over the past 60 years. The two movements have converged in some ideology since the 1950s, despite the existence of a Sunni-Shiite conflict 1,300 years ago. In this article, we will try to answer the question of why there are strong relations between the Sunni movement and the Shiite movement by telling about the historical events between the Muslim Brotherhood and the Khomeini revolution in Iran, using an analytical approach to the events that took place in the Middle East that united these two movements, such as the Khomeini Revolution of 1979 The Iranian-Iraqi War of 1980-1988, the Palestinian crisis and the Egyptian Revolution of 2011. We will also clarify the relationship between the Muslim Brotherhood and the Turkish-Qatari-Iranian triangle. The article explains the long-standing relations between the Muslim Brotherhood and the Iranian revolution, and focuses on the continuation of these relations to the present, which has influenced the situation in the Arab region, especially in the Arab Republic of Egypt. This article proves the relationship between this group and Iran, even though Iran is a Shiite state and the Brotherhood is a Sunni group. The emphasis was placed on the fact that these relations had a great negative role on the events in Egypt after the Egyptian revolution of 2011, as well as on the form of relations in the Persian Gulf region with the union of Iran, Turkey and the State of Qatar.
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Hamdani, Muhammad Faisal, Zubair, M. Jamil Jamil und Fatimah Zuhrah. „The Legal and Human Rights Challenges of Interfaith Marriage in Indonesia“. Journal of Law and Sustainable Development 11, Nr. 12 (14.12.2023): e1020. http://dx.doi.org/10.55908/sdgs.v11i12.1020.
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Objective: This research aims to analyze the legal rules on interfaith marriage in Indonesia in relation to human rights, and whether there are any aspects of human rights violations or conflicts arising from the absolute prohibition of interfaith marriage without exception, as clarified by the Supreme Court Circular (SEMA) No. 2 of 2023, which provides a more detailed interpretation of the rules in the Marriage Act No. 1 of 1974 and the Compilation of Islamic Law (KHI) No. 1 of 1991. Theoretical Framework: The right to freedom of religion and the right to form a family are integral aspects of human rights and also Islamic teachings. The absolute prohibition of interfaith marriage by the Supreme Court Circular (SEMA) No. 2 of 2023 is considered by some religious followers to be in conflict, thus encountering resistance from a segment of society. The theories of the Universal Declaration of Human Rights (UDHR), pluralism of applicable legal rules, and differences in the understanding of religious figures themselves are utilized as foundational theories to examine challenges to the implementation of law and the UDHR in Indonesia, determining whether these legal rules still leave room for conflicts. Method: The study employs a normative legal research methodology. Data is acquired through an extensive review of relevant legal frameworks, doctrines, and pertinent literature. The acquired data is then subject to qualitative analysis techniques for thorough examination and interpretation, ensuring a comprehensive understanding of the subject matter. Results: The findings of the study indicate that the legal rules on interfaith marriage in Indonesia have the potential to cause several aspects of human rights violations or conflicts, especially the right to freedom of religion and the right to form a family. This is because these rules restrict the individual's freedom to choose a religion and form a family with someone of a different religion without exception. The absolute prohibition of interfaith marriage, as upheld by SEMA No. 2 of 2023, further exacerbates these concerns by creating a legal vacuum that leaves interfaith couples without legal recognition and protection. Conclusion: One of the primary functions of law and regulations is to safeguard society, protect their rights, and regulate human activities fairly to achieve harmony and prosperity in the life of the nation and state. However, this objective will not be achieved if the legal rules in place still leave injustice and a lack of protection for the fulfillment of citizens' fundamental rights. Therefore, further regulation is needed to find solutions to overcome this problem. The adoption of a more nuanced approach to interfaith marriage, one that respects individual rights and accommodates religious diversity, would be a significant step towards ensuring human rights protection in Indonesia. For instance, providing dispensation for Muslim men to marry non-Muslim women (Christian or Jewish) if they are deeply in love, approved by both families due to their belief in living harmoniously and peacefully. There is concern that the intense love shared between them might lead to one of them taking their own life if separated, or due to the difficulty of finding a Muslim woman in non-Muslim-majority countries when the man is studying abroad, among other reason.
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Zunaidi, Arif. „Wakaf Keluarga Perspektif UU No. 41 Tahun 2004 dan Maqasid Al-Usrah Jamal Al-Din Atiyyah“. Mahakim: Journal of Islamic Family Law 5, Nr. 2 (30.07.2021): 115–33. http://dx.doi.org/10.30762/mahakim.v5i2.137.
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Waqf is part of Allah’s command for those who have excess wealth. The rewards of waqf will continue to flow even after the perpetrator dies, as long as the waqf benefits others. In its development there are two categories of waqf, namely family waqf (dzurri) and khairi waqf. Family waqf is related to benefits intended for nasab or families and their descendants. Several countries have removed this type of waqf practice because it is considered not to provide benefits to the general public, because it focuses on the family only. In fact, waqf should be one way to improve the people’s economy because it is included in the Islamic philanthropy section. This study used qualitative research methods. This method provides an overview and describes several findings in the field, especially in this study related to the practice of family waqf in Indonesia. As a result, Dzurri waqf was recognized with the promulgation of Law no. 41 of 2004 concerning Waqf. However, in terms of management, the rules are still unclear. So prone to conflict. To reduce conflict, the Waqf Pledge Deed must clearly contain nazhir and mustahik. It is recommended that management be carried out productively in order to provide more benefits for mustahik. While the dzurri waqf in the view of maqasid al-usrah Jamal Al-Din Atiyyah includes three things, namely Hifz tadayyun fi al-usrah, Tandzim Al-Janib Al-Mali Li Al-Usrah, Tandzim Al-Janib Al-Mu’Assati Li Al Usrah.
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Ramadhan, Andi, und Ibnu Izzah. „PENGELOLAAN DAN KEPEMILIKAN “TANAH KOTI” PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM (Studi Kasus Kelurahan Tancung Kecamatan Tanasitolo Kabupaten Wajo)“. Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam 2, Nr. 3 (04.09.2021): 549–67. http://dx.doi.org/10.24252/qadauna.v2i3.20262.
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AbstrakSeiring dengan perkembangan zaman, pengelolaan tanah koti’ di Kelurahan Tancung Tanasitolo Kabupaten Wajo menyimpan sejumlah masalah. Diantara permasalahan itu adalah belum selesainya isu pengakuan atas status kepemilikan tanah yang berpotensi menimbulkan konflik di tengah masyarakat. Penelitian ini menitikberatkan pada pengelolaan dan kepemilikan tanah koti ditinjau dari perspektif hukum positif dan hukum Islam. Penelitian ini adalah penelitian lapangan (field research) yang bersifat kualitatif dengan lokasi penelitian di Kelurahan Tancung Kecamatan Tanasitolo Kabupaten Wajo. Penelitian ini mendapati bahwa status kepemilikan tanah koti’ di Kelurahan Tancung diklasifikasikan sebagai tanah negara yang didasarkan pada proses terjadinya tanah tersebut. Masyarakat hanya berkedudukan sebagai pengelola lahan saja. Saat ini, tanah koti’ tersebut telah berada dibawah penguasaan masyarakat yang telah mengelolanya dalam jangka waktu lama dan telah memiliki surat PBB-P2. Sedangkan masyarakat yang memiliki Surat Letter C dapat mengajukannya permohonan Serifikat Hak Milik atas kepemilikan tanah tersebut. Pengelolan dan kepemilikan tanah koti dilakukan dengan menggunakan metode iqtha isthigal berupa pemberian tanah oleh pemerintah kepada rakyat yang berhak agar lahan tersebut tidak menjadi lahan mati dan berguna untuk memajukan lahan mensejahterakan masyarakat.Kata Kunci: Kepemilikan Tanah, Tanah Koti’, Hukum Positif, Hukum Islam.AbstractAlong with the times, the management of koti land in Tancung Tanah Sitolo, Wajo District, has a number of problems. Among the problems is the issue of recognition of land ownership status which has the potential to cause conflict in the community. This research focuses on the management and ownership of koti land from the perspective of positive law and Islamic law. This research is a qualitative field research with the research location in Tancung, Tanah Sitolo, Wajo District. This study found that the status of koti 'land ownership in Tancung Village is classified as state land based on the process of the land being created. The community is only the manager of the land. Currently, the koti 'land has been under the control of the community who has managed it for a long time and already has a PBB-P2 letter. Meanwhile, people who have a Letter C can apply for a Certificate of Ownership on the ownership of the land. The management and ownership of koti land is carried out using the iqtha isthigal method in the form of giving land by the government to the people who have the right so that the land does not become dead land and is useful for advancing the land for the welfare of the community.Keywords: Land Ownership, Koti 'Land, Positive Law, Islamic Law.
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Torkashvand, Afsaneh, Mahmood Ghayyoum Zadeh Kharanaghi und Abbas Ali Heidari. „THE PLACE OF EXPEDIENT(MASLAHAT) IN THE LEADERSHIP OF THE ISLAMIC COMMUNITY“. International Journal of Research -GRANTHAALAYAH 6, Nr. 8 (31.08.2018): 218–25. http://dx.doi.org/10.29121/granthaalayah.v6.i8.2018.1454.
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Expediency is one of the titles which have important statuses in the Islamic jurisprudence and its association with religious decrees is clarified while determining its concept and it specifies the authorities of the prudent leader.
Expedient (Maslahat) in the view of Islam is defined as to do anything for the sake of material and spiritual benefit of the individual and society. Islamic religions do believe that Expedient (Maslahat) plays an essential role in the interpretation of the law, but there is some disagreement over its scope. Most jurisprudents consider expediency to be effective in divine rules when it is based on the expedients, and its purpose is to achieve expedients that can changed as according to the requirements of time and place. Examining and implementing this in the affairs of society is one of the duties that the Islamic ruler should observe. Therefore, it is necessary that the ruler considers the expedient in community management and use it as a key to solving problems and removing the obstacles. The present research project tries to examine the role of expedient in implementing the provincial leadership and seeks to answer the following questions:
What is the relationship between the community leadership and the welfare state?
How can the Islamic ruler utilize this rule?
Another purpose is to explain this relationship as a solution and a key to solve the problems of the society including the conflict of the rules, which mainly deals with the jurisprudential texts in a qualitative way with an analytical attitude. Various research on leadership and expediency has been done separately, but it seems that the link between these two has not been mentioned yet. So, it seems necessary to carry out a new research on this issue to answer the questions raised in relation to these two categories.
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ESEED, RANA. „Social Service Provision by Minority Religious Organizations: A Case Study of the Islamic Movement in Kafr Qassim“. Journal of Social Policy 49, Nr. 3 (29.07.2019): 507–24. http://dx.doi.org/10.1017/s004727941900062x.
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AbstractThis study examines what motivates an organization representing a religious-national minority to provide social services. The case study for examining this issue is the Islamic Movement in Palestinian society in Israel, and specifically its social activities in the town of Kafr Qassim. The article analyzes the factors leading to the development of the movement’s various services in the town by tracing their historical development and current offerings. This case study analysis is informed by two theoretical bodies of knowledge: the development of NGOs and the development of faith-based organizations. The data is based upon 17 semi-structured in-depth interviews with the heads of all the social services, social activists and municipality representatives in Kafr Qassim, where the movement was established. Some of the interviews also include tours and observations of actual services provision. Additional sources include archival documents, such as the organization’s regulations and work plans. The findings identify three main factors in the development of minority religious organizations: government failure in providing services (necessary factor) and religious ideology and mobilization of political support as secondary factors. All three are grounded in the ongoing conflict between the Palestinian minority group and the state.
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Imaduddin, Ahmad. „Tinjauan Hukum Pidana Islam terhadap Kejahatan Korporasi dalam Lingkungan Hidup“. Al-Jinayah Jurnal Hukum Pidana Islam 5, Nr. 2 (20.12.2019): 265–88. http://dx.doi.org/10.15642/aj.2019.5.2.265-288.
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Corporate crime is indeed significant to discuss, because it cannot be denied that the role of the corporation is now very important. In this case there needs to be strict criminal liability, so that corporations do not pollute rivers, beaches or endanger the lives of workers or the public or others. Also so that the corporation does not become a fertile ground for corruption. This paper comes with the aim of wanting to know the review of Islamic criminal law against corporate crime. At the end of the paper, it is concluded that: (1) corporate crime in Law No. 23/1997 concerning Environmental Management is an action taken by a company, union, foundation or other organization that results in environmental pollution and / or damage, while sanctions for perpetrators of pollution and/or environmental damage are in the form of fines (ranging from Rp. 100,000. 000.00 to IDR 750,000,000.00) and / or imprisonment (ranging from 3 years to 15 years). And (2) that corporate crime and sanctions are in line and not in conflict with Islamic criminal law, which is included in the category jarimah ta'zir.
Abstrak: Kejahatan korporasi memang signifikan untuk dibahas, karena tidak bisa dipungkiri bahwa peran korporasi saat ini menjadi sangat penting. Dalam hal ini perlu ada pertanggungjawaban pidana secara tegas, agar korporasi tidak mencemari sungai, pantai atau membahayakan jiwa pekerja atau publik atau lainnya. Juga agar korporasi tidak menjadi tempat tumbuh suburnya tempat korupsi. Tulisan ini hadir dengan tujuan ingin mengetahui tinjauan hukum pidana Islam terhadap kejahatan korporasi. Di akhir tulisan disimpulkan, bahwa: (1) kejahatan korporasi dalam UU No. 23/1997 tentang Pengelolaan Lingkungan Hidup merupakan tindakan yang dilakukan oleh perseroan, perserikatan, yayasan atau organisasi lain yang mengakibatkan pencemaran dan/atau perusakan lingkungan hidup, sedangkan sanksi bagi pelaku pencemaran dan/atau perusakan lingkungan adalah berupa denda (berkisar antara Rp. 100.000.000,00 sampai dengan Rp. 750.000.000,00) dan/atau pidana penjara (berkisar antara 3 tahunsampai dengan 15 tahun). Dan (2) bahwa kejahatan korporasi dan sanksinya tersebut sejalan dan tidak bertentangan dengan hukum pidana Islam, di mana termasuk dalam kategori jarimah ta'zir.
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Mohd Kashim, Mohd Izhar Ariff, Nurul Ilyana Mud Adnan, Hafizuddin Muhd Adnan und Nurul Izwah Muhd Adnan. „Law Enforcement Principle in Islamic Ruling on Zakat Distribution to Transexuals, Prostitutes and Gigolos“. Malaysian Journal of Social Sciences and Humanities (MJSSH) 6, Nr. 6 (10.06.2021): 215–24. http://dx.doi.org/10.47405/mjssh.v6i6.794.
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Surah al-Taubah Verse 60 mention that there are eight eligible persons to receive Zakat. They are the poor and the needy, amil (those employed to collect zakah), muallaf (those bringing hearts together for Islam), al-riqab (those in captives or slaves), al-gharimin (those in debt), fi sabilillah (those in the cause [way] of Allah) and ibn sabil (the [stranded] traveller). Al-riqab is the fifth from eight eligible persons to receive Zakat. Currently, the provision of zakat to the al-riqab (slave) is allocated into other asnaf as the slave is not existed in Malaysia. However, there are several states such as Selangor, Negeri Sembilan, Terengganu and Melaka have broadened the definition of al-riqab to individuals who wish to come out of the shackles of ignorance and social problems. The individuals are transsexuals, prostitutes and gigolos. However, some of other states rejected the fatwa of these states. This article is aimed to identifying the nature of the transsexuals, prostitutes and gigolos who are included in the al-riqab group. It is also intended to analyze the principles in law enforcement of this group (transsexuals, prostitutes and gigolos) which is categorized as al-riqab. This research uses the document analysis method such as Tafsir books, fiqh of four Sects and journals. Data is analyzed through thematic content analysis. The result shows the transsexuals, prostitutes and gigolos qualified to be considered to receive zakat aid under al-riqab. However, it must be based on the criteria and conditions stipulated by the country. The fatwa is designed to ensure that they are able to get out of the crisis and continue to live in a better life. In addition, it is also intended to ensure the asnaf of zakat in the al-Quran testimonial remains relevant at all times. Therefore, the zakat management in Malaysia should undertake the provision of al-riqab systematically and well organized to avoid any conflicts with Islamic principles. This will be uphold the dignity of the zakat institutions and Islam as a religion of Rahmatan lil Alamin.
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Said, Hilda Salman, Chusnul Khotimah, Dekri Ardiansyah, Hanifah Khadrinur und Marsheli Indira Putri. „Teori agensi : Teori agensi dalam perspektif akuntansi syariah“. Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan 5, Nr. 5 (25.12.2022): 2434–39. http://dx.doi.org/10.32670/fairvalue.v5i5.2757.
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The application of Islamic accounting in Islamic banking companies has developed. Sharia accounting has the principle of disclosure based on Allah's orders in accordance with the principles of Islamic law fully and openly in submitting its financial statements, therefore disclosure of halal and nonhalal transactions is required as a form of responsibility to the public in accordance with AAOIFI and PSAK standards. However, this application often causes problems in agency theory regarding conflicts of interest that are not commensurate between the principal and the management. Therefore, the purpose of this study is to find out the theory of agency in the perspective of Sharia accounting. The method used in this study is a literature study method, by looking for relevant reference theories based on existing cases or problems. The results of this study show that it is very necessary to present transparent financial statements in order to reduce agency problems so that this can show evidence so that there is no information hidden by each company. With the transparency of this report, it can show that managers have honest and trustworthy behavior and do not commit acts prohibited by religion.
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Dahlan, Aina Wahana, Abdul Hanis Embong, Najihah Abdul Mutalib, Maziah Mohd Ghazaly, Wan Khairul Aiman Wan Mokhtar und Wan Mohd Khairul Firdaus Wan Kahiruldin. „Analysis of the Book Madkhal ila Fiqh Al-mihan: Towards the Development of a Model of Employment Jurisprudence in Malaysia“. Revista de Gestão Social e Ambiental 18, Nr. 6 (01.04.2024): e05859. http://dx.doi.org/10.24857/rgsa.v18n6-057.
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Purpose: This study aims to analyse the Islamic legal principles governing employment as found in the book Madkhal Ila Fiqh al-Mihan and its application in Malaysia. The book Madkhal Ila Fiqh al-Mihan consists of six chapters, all of which are related to the scope of Muslim employment. In Malaysia, the application of work procedures is subject to established laws such as the Employment Act 1955, the Sabah Labour Ordinance, and the Circular on Public Service Progress. However, there are religious issues arising during work that conflict with Sharia, such as the prohibition of performing obligatory prayers by employers, the rejection of fasting-related salary claims, and gender mixing issues between male and female workers. Therefore, the initial investigation in this study is to analyze the significant elements of Islamic legal principles in employment through selected books. This study also constructs a model of Contemporary Employment Fiqh in Malaysia.
Methods: The article utilizes a qualitative research design method, with data sourced from selected books, theses, journals, articles, and official portals discussing employment jurisprudence (fiqh). The analysis of this study employs content analysis methodology. The findings indicate the existence of Sharia-compliant working guidelines in the book Madkhal Ila Fiqh al-Mihan, which should be understood by every Muslim.
Results and discussion: The results also show that the laws in Malaysia generally align with the principles in the book.
Implications of the research: A deep understanding of this matter has a massive impact on individuals, employers, races, religions and countries in the long term, and give positive value in employees to increase productivity and quality of work.
Originality/value: Therefore, it is essential for a worker to enliven Employment Fiqh to balance work with the demands of worship to Allah SWT.
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Alfiander, Dodon, Ikhsan Azhari und Irma Suryani. „Settlement of Pusako-Tinggi Property Disputes in Nagari Sungai Tarab“. Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 20, Nr. 1 (19.12.2022): 1–11. http://dx.doi.org/10.32694/qst.v20i1.1140.
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This article examines the decision of the Batusangkar District Court Number 09/Pdt.G/2013 which authorizes the Nagari Adat Density (KAN) of Sungai Tarab to resolve disputes over the division of pusako-tinggi assets, while KAN does not yet have a clear norm regarding it. This study aims to see how KAN accepts the delegation of authority, then resolves disputes in its customary territory with all its implications. This study was conducted qualitatively and presented descriptively. Data obtained through interviews and documentation. This paper explains that the division of the pusako-tinggi assets by KAN Sungai Tarab is carried out with a consensus mechanism by niniak mamak and alim ulama, so that their decisions do not conflict with Islamic law. The status of the pusako-tinggi property is decided to remain in the ownership of the clan, except for parts that have been certified and have changed status to become the private property of clan members. This decision has a positive impact in the form of more clarity on the management and ownership of the people of property. While the negative impact is triggering members of other clans to demand a similar pattern of inheritance distribution, as well as efforts to disgrace each other to fight over inheritance.