ASMUNI, ST., MM
2022 · Article · Open Access
Islamic financial institutions function to manage collected funds. The contract contains tijaarah (business) and ta’abbud (helping each other). The contract of agreement in a transaction produces profits in the form of fees (for services), margins (for sale and purchase profits), and profit sharing (for cooperation). However, in addition to the tijarah contract, sharia financial institutions also regulate cultural value contracts in the form of transactions called qardh hasan. This contract will slightly alleviate the community’s life needs. Sometimes the contract is not so optimally visible in sharia financial institutions to communities that are in desperate need, so that peopledominantly choose loans to money-lenders. Moving on from this phenomenon, the author is interested in discussing it related to the implementation of qardh hasan in optimally touching the people who really need it. The method is used is an inductive and deductive ones so as to draw general conclusions.
ASMUNI, ST., MM
2022 · Article · Open Access
Artikel ini membahas tentang validitas hadis-hadis yang membicarakan tentang hewan jallalahh dan implikasi hukum terhadap mengkosumsidaging, susu dan menunggangi hewan jallah. Hadis tentang hewan jallah ini jarang sekali ditemukan dalam kitab Sahih al-Bukhari dan Sahih Muslim.Pembahasan ini menemikan bahwa hadis tentang hewan jallalah diriwayatkan melalui berbgai jalur sanad yang sebagian besar bersal dari Abdullah bin Umar dan Abdullah bin Abbas. Hadis yang diriwayatkan oleh Ibnu Umar dari Rasulullah lebih kuat dibandingkan yang berasal dari Ibnu Abbas. Secara keseluruhan hadis yang berasal dari Ibnu Umar memiliki mutaba’at yang cukup banyak sedangkan dari segi syawahidnya hanya diriwayatkan oleh Ibnu Abbas dan satu riwayat berasal dari Abu Hurairah. Implikasi hukumnya bahwa lafaz nahy yang dipakai dalam setiap hadis adalah lafaz naha, lafaz ini merupakan keharaman mutlak dan berkesinambungan. Tetapi setelah dipahami dengan berbagai riwayat lain dan pendapat para ulama keharaman hewan jallalah ini bersifat temporal. Hal ini diindikasikan dengan adanya riwayat yang menjelaskan waktu yang dibutuhkan untuk mengurung binatang tersebut dan memberinya makan yang bersih. Sehingga ulama ada yang mengharamkan sementara dan ada yang memakruhkan bahkan ada yang menyatakan mubah jika bau dan rasanya tidak berubah.
ASMUNI, ST., MM
2022 · Article · Open Access
The economic civilization of the Minangkabau customary law community has run naturally and still survives and is applied today. There are some forms of economic cooperation that still exist, namely: a. Cooperation in agriculture (mampaduoi sawah). The parties in this agreement consist of rice field owner and cultivator. In general, the capital of land processing can come from the owner of the rice field. It can also derive from the cultivator. For profit sharing, it is adjusted to the agreement and the amount of capital that has been spent on processing the land. b. cooperation in the field of animal husbandry (mampaduoi sapi). The parties consist of cow owners and those who raise cattle. The capital is entirely from the owner of the sapi and the distribution of profits is carried out through: (a)If the female cow gives birth to one child: 2 feet for livestock owner and 2 feet for livestock raising. (b) If this female cow gives birth again: 3 feet for raising livestock and 1 foot for livestock owner. (c) If the female cow gives birth for the third time: a period for livestock owner and 3 feet for breeding. (d) If the female livestock that is kept does not give birth to a child, the share of the results is by means of patuik. Patuik is one form of remuneration for livestock keepers and as a wage for raising livestock. The pesticide system in the cattle is carried out by estimating. The estimation is carried out when the cow is handed over (at the beginning of the agreement). When the price of livestock is estimated, then the livestock keeper gets the maintenance and livestock wages will be immediately handed over to the owner. Livestock keepers' wages are the difference in the price of patuik divided by two from the beginning of the contract until the end of the agreement. (e) If the maintenance of the livestock asks the bull to the livestock owner, the male cow is bought with a profit sharing system. The distribution of profits is done by the owner of the cow notifying the keeper of the price of the cow first and at the time the cow is to be sold the division is calculated by means of the price of cattle at the start minus the selling price of the cow profit. This benefit will later be divided between the owner and the livestock keeper.. (f) If the raised cattle die because of an element of negligence, the keeper is obliged to replace them, but when the cow dies out of the negligence of the keeper, the keeper is not obliged to provide compensation..
ASMUNI, ST., MM
2022 · Article · Open Access
<p>Pemikiran Utama Abul A’la al-Maududi adalah menerapkan konsep-konsep Islam secara murni baik<br />perorangan maupun dalam kehidupan bermasyarakat dan bernegara. Azas terpenting dalam Islam adalah tauhid,<br />dan seluruh Nabi dan Rasul mempunyai tugas pokok untuk menyampaikan dan mengajarkannya kepada seluruh<br />umat manusia (the unity of Godhead). Azas ini menekankan bahwa Allah satu-satunya Zat yang berkuasa dan<br />memberikan prinsip-prinsip pokok otoritas. Semua prinsip, hukum, adat kebiasaan yang berbeda dengan<br />petunjuk tuhan harus dijauhi, karena ini dipandang menolak kedaulatan tuhan. Menurut al-Maududi, kedaulatan<br />ada di “tangan tuhan”,bukan di tangan manusia. Tuhan saja yang berhak memberi hukum bagi manusia,<br />sementara manusia tidak berhak menciptakan hukum. Hukum disini berarti norma-norma dasar bagi penciptaan<br />masyarakat yang adil dan sejahtera. Ide al-Maududi adalah memahami Islam harus secara Interpretatif,<br />maksudnya menggerakkan keshalehan dan Iman demi aksi politik. Ide untuk mengembangkan politik Islam<br />bertujuan untuk menggantikan ideologi Barat yang menurut al-Maududi membawa kepada kekufuran, dan ini<br />yang dianut oleh pemimpin intelektual muslim di Pakistan ketika itu. Pergulatan antara Islam dan kekufuran<br />pada akhirnya akan membawa kepada revolusi Islam dan berdirinya negara Islam. Namun sebelum menciptakan<br />negara Islam, terlebih dahulu perlu dilakukan Islamisasi masyarakat, karena keberhasilan negara Islam<br />bergantung kepada legitimasi dari masyarakat.</p>
ASMUNI, ST., MM
2022 · Article · Open Access
Barawal dari beredarnya bubuk kopi luwak yang bercita rasa tinggi dan diminati oleh pecinta kopi, maka pada saat itu muncul pertanyaan tentang hukum mengkonsumsi kopi luwak, apakah kopi luwak itu halal atau haram. Untuk menjawab pertanyaan maka, keluarlah fatwa MUI No 07 Tahun 2010, yang menetapkan bahwa bubuk kopi luwak halal untuk dikonsumsi. Setelah MUI mengeluarkan fatwa tersebut, maka muncullah pro dan kontra di kalangan ulama maupun di tengah masyarakat. Alasan MUI menetapkan bahwa hukum mengkonsumsi kopi luwak adalah halal karena kopi luwak itu mutanajjis yang dapat disucikan dengan air mutlak yang mengalir. Dan juga yang harus dipastiakan bahwa biji kopi tersebut tidak rusak dan berlobang serta jika ditanam dapat tumbuh. Jenis penelitian yang digunakan adalah penelitian lapangan (field research) dengan pendekatan kualitatif diskriptif dan menggunakan metode deduktif dan induktif untuk mengungkapkan bagaimana kedudukan luwak dalam pandangan Islam, dan status mutanajjis kopi luwak dalam pandangan Ulama Fiqh. Berkaitan dengan status kopi luwak, ulama berbeda pendapat ada yang mengatakan najis karenaraus, dan ada juga yang berpendapat mutanajjis. Secara umum setiap benda mutanajjis bisa dibersihkan,namun berbeda halnya dengan kopi luwak. Walaupun kopi luwak dihukum mutanajjis (benda yang kena najis),tetapi tidak bisa dibersihkan dengan air mutlak, ini dibuktikan dengan sebuah penelitian yang dilakukan oleh Massimo F. Marcone yaitu seorang ahli bidang makanan dari Canada yang menemukan bahwa telah berubah warna, rasa dan aroma kopi luwak, jika dibandingkan dengan kopi biasa, hal ini disebabkan telah terjadinya proses kimia terhadap biji kopi saat proses permentasi di pencernaan luwak, yaitu dengan masuknya enzim dan bakteri ke dalam biji kopi. Bahkan selama pencernaan tidak hanya protein yang pecah tapi juga melarutkan biji kopi tersebut.Berdasarkan konsep yang disepakati oleh jumhur ulama yaitu: jika najis yang ada dalam benda itu merubah salah satu di antara rasa, warna serta baunya, maka benda tersebut adalah najis. Maka otomatis mengkonsumsi kopi luwak adalah haram. Jadi status mutanajjis dalam kopi luwak yaitu mutanajjis yang tidak bisa dibersihkan.
ASMUNI, ST., MM
2022 · Article · Open Access
The Khilafah Institution is claimed to be a part of Islam teachings that is impeccable and certainly true, because Muslims are brethren and it is impossible among Muslims to fight over the position of Caliph. However khilafah is a political institution that is not always spotless and sacred from power struggle. Abdul Malik ibn Marwan began his political career in the Caliphate when he was appointed as governor of Medina by the Muawiyyah when he was only 16 years old. Before becoming a caliph, he was known as a ‘zuhud’ figure and was regarded as one of the ulama (scholars) of Medina. He was known as an expert on Islamic jurisprudence and a scientist who admire knowledge. Since childhood, he had memorized the Qur'an and studied directly from Usman. In addition to learning to memorize the Qur’an, he also studied hadith, fiqh, tafsir, and more. He was known for being a very intelligent person. He explored Islam from his acquaintances in depth and made Islamic laws well preserved. Unfortunately, when he became the caliph a change occurred in him. Therefore, no scientific discussion was referred from him during his caliph time.
ASMUNI, ST., MM
2022 · Article · Open Access
The purpose of this article to find out the polarization honesty the putting about the guardian at the time of registration of wills of marriage and its implications in marriage. Research used qualitative methods to describing the phenomenon of polarization honesty the placing guardian of marriage and wills of marriage. Research using the technique of snowbalsampling. The findings of this study: first; the placement of the guardian of marriage there was a cover-up, which impressed the reluctance to mention guardian of marriage, due to emotion and less respect to the guardian of marriage. Second; the implications of the guardian of marriage because the ware mistakenly put the guardian of marriage was sourced the description of the family and wedlock so as to-legitimatean consent and qabul disquiet.
ASMUNI, ST., MM
2022 · Article · Open Access
Decentralization is the surrender of governmental authority by the government to autonomous regions to regulate and manage affairs within the system of the Unitary State of the Republic of Indonesia. In Indonesia, the regulations governing decentralization are in Law No. 22 of 1999 and Law 25 of 1999 which were later revised in 2004. The application of decentralization was born at the time after the democracy which made the government's rush to implement a rule without going through careful design first. The method that the author uses in writing this scientific paper is library research. Decentralization that has taken place in Indonesia is very much in need of a deep improvement from the government both changes made in terms of internal (community itself) and external ((the flow of globalization), because of the internal and external flows will have a major impact on Indonesia going forward.
ASMUNI, ST., MM
2022 · Article · Open Access
This study focuses on the application of Islamic law during Umar ibn Abd Aziz as ulama and umara. At the beginning of the Umayyad dynasty’s reign, there is a separation between religion and state. Religious authority was led by ulama and authority of state was held by the caliph. This separation has an impact on injustice, the gap in the application of the law and the separation between the law (rules) issued by the government and the law (fatwa) issued by the ulama. The method used in this study is descriptive analytics by analyzing the historical data about Umar ibn Abd Aziz intensively, especially in legal policy. The finding is that Umar ibn Abd Aziz is a statesman who is supported by scholars. He is very concerned about the sources of Islamic law. Thus, each of his policies is oriented to Islamic law. Umar also raises qadi and emir from the chosen people so that the application of the law is evenly and indiscriminately and there is no more discrimination between the groups in the social, political and legal fields.
ASMUNI, ST., MM
2022 · Article · Open Access
Indonesia as a legal state, has not yet formed its own Criminal Code. This means, the Criminal Code which was formed by the legislators from the Netherlands, is still the Criminal Code used by the Indonesian Nation. The Criminal Code during the Dutch colonial period and in the early days of Indonesia’s independence, was called the Wetboek van Strafrecht voor Nederlandsch Indie, which was established on 15 October 1915 and entered into force on 1 January 1918. The Criminal Code entered into force on the islands of Java and Madura, on February 26, 1946. As for other regions, the Criminal Code entered into force on September 29, 1958. Therefore, the Criminal Code applies nationally in Indonesia since September 29, 1958. The origin of the naming of the Indonesian Criminal Code which was applied in Indonesia came from the Organizing Committee of the Law in the Ministry of Justice in the Japanese era.
ASMUNI, ST., MM
2022 · Article · Open Access
This study aims at explaining the meaning of the traditions of Mappanguju and Doassalama’ 'in the tradition of the Buginese pilgrimage in Bone Regency, South Sulawesi, the role of the Buginese society in preservation of such traditions, and explain Islamic perspective toward legal standing of these traditions. This study employs mix method in both phenomenology and Islamic law perspectives. This method enables to reveals the deepest meaning of traditions of Mappanguju and Doassalama’ and its legal position by using the theory of' urf and maslahah murshalah. Result of this study shows that Mappanguju and Doassalama’' are the local wisdom associated with Hajj procession of the Bugis tribe in Bone Regency. Mappanguju usually is held several days before departuring of pilgrims to the holy land. The initial stage of Such tradition is to gather traditional leaders who have role to psychologically and spiritually prepare pilgrim candidates (appanguju). In Mappanguju tradition, the term "mallise kopporo" (filling a suitcase) is guided by traditional chiefs or elderly people who pray (padduangenna salama'), barzanji (MaddandaRasul) and Doassalama’' (prayer of salvation) for safety, smooth, and strenghtness of pilgrims candidates. In addition, The minuscule changes of such tradition practices between in the past and today as a consequnce of level of understanding of religion and education of the community indicates that the Buginese community in Bone plays a vital role in the development and preservation of the tradition. The Mappanguju tradition in Islamic law perspectives is a part of Urf which leads to strengthness of hajj. Thus, such tradition is not contrary to the Islamic law with the condition that the tradition not leads to shirk activities. On the other hand, tradition of Doassalama’ is suitable to Islamic law because it contains religious values.
ASMUNI, ST., MM
2022 · Article · Open Access
Islamic law governs all aspects of human life, which includes two laws (rules) of life, namely the category of hablun min Allah (issue of worship) and hablun min al-Nas (muamalah issues in broad sense). Among Islamic law the hablun min al-Nas category (which is called mu'amalah in the broadest sense) is a matter of the rule of how a government is enforced and how the position of law in a country. Studies on this matter have not been evenly implemented and not yet known by all people. This study is interesting, because the rules on siyasah (Constitutional Law) are still in talks by experts, especially Muslim experts. This paper presents how the existence and future of this constitutional law in the study of Islamic Law.
ASMUNI, ST., MM
2022 · Article · Open Access
Islamic banks are banks that carry out their business activities based on the principles of Islamic law in muamalah activities based on fatwas issued by the National Sharia Council of the Council of Indonesian Religious Leader. The rapid development of Islamic banking in the national banking system is inseparable from the trust given by the Indonesian people who are predominantly Muslim. To maintain public trust, Islamic banks must be monitored, both the operational system and its compliance with sharia principles and applicable laws and regulations. The problem discussed in this research is how is supervision of Islamic banking based on Law Number 21 of 2011? The method used in this research is normative legal research using the regulatory approach. Based on Law Number 21 of 2011, the Financial Services Authority has the authority to supervise Islamic banks including Islamic bank institutions, Islamic bank health, prudential aspects of Islamic banks, and Islamic bank checks.
ASMUNI, ST., MM
2022 · Article · Open Access
The child protection law provides its own interpretation, which is part of the law of children in Indonesia starting from civil rights, parenting, guardianship, adoption, exploitation of children in the economic, social and sexual fields. On the other hand, the punishment for adults that committing crimes on children are the responsibility of parents, the community and the state in protecting children. However, the legal coverage of the child is very broad and cannot be simplified into the field of legal violations committed by children. Due to the number of child protection regulations, it is necessary to compile legislation by state agencies that have authority. A study is also needed to see the harmonization between legislation in Islamic law (Fiqh). Thus, there can be seen gaps and legal vacancies that occur. Therefore, it is necessary to carry out legal reform so that the issue and protection of children becomes a priority by the state.
ASMUNI, ST., MM
2022 · Article · Open Access
The development of science and technology has resulted in the broad impact towards civilization. The development of science and technology is followed by social issues and the development of law for the sake of manifesting regularity and order. There have been so many human activities focusing on creating something beneficial for them. Copyright works are among the activities that humans do. Someone's creation manifested in the form of the work of art and books are not constantly meant for the personal interest of its creator, but also presented to meet the society's needs. However, there is legal protection towards the art creator in regards to his work to earn some economic benefits regardless of the fact that other parties may illegally make use of the work for the sake of their benefit. There has been the legislation on copyright or copyright law containing the protection towards creative creators, musicians, and producers so that they are not harmed by the commerce of their works in the form of pirated cassette tapes or Compact Disc (CD). The circulation and sales of pirated CDs are occurring in several points of the city crowd in Pekanbaru, the capital city of Riau. There are hundreds of Pekanbaru inhabitants who make a living from selling pirated CDs. The development of pirated CD sales keeps increasing due to the merchants' lack of knowledge and society's and law enforcement officers' ignorance. This matter violates copyright law. Besides, the circulation and sales of pirated CDs have led to the state loses since the tax potentials that should come into the state treasury are missing due to their circulation in the hands of piracy perpetrators and merchants. Dealing with the case of pirated CD circulation and sales requires the roles of police officers, customs, Riau Province government, and Riau City government to implement the copyright law.
ASMUNI, ST., MM
2022 · Article · Open Access
Theoretically, there are regulatory dynamics that can be identified, namely: first, the urgency of applying the 20% presidential threshold to the 2019 presidential and vice presidential election; and second, is the implication of regulations on political parties in proposing candidates for president and vice president who do not get 20% of seats in the DPR based on the results of the 2014 general election. The constitutional dynamics that developed in setting the threshold of 20% in the 2019 presidential and vice presidential elections were first, the determination of the 20% threshold in the 2019 presidential and vice presidential election was the mandate of the legislation and the Constitutional Court's ruling. In addition, to strengthen the presidential system. Second, the 20% threshold requirement in the 2019 presidential and vice presidential nomination is contrary to the 1945 Constitution and is considered threatening to electoral democracy and the existence of political parties.
ASMUNI, ST., MM
2022 · Article · Open Access
Genocide is mean is a systematic crime of massacre against ethnic or groups. The crime of genocide is carried out with the intention of annihilating a nation or group. Genocide as international crime, the sanctions are strictly regulated in the Convention on Prevention and Punishment of the Crime of Genocide and Rome Statute, and in Indonesian Criminal Law has been regulated in Law Number 26 of 2000 concerning Human Rights Courts. However, how genocide in the Islamic criminal perspective? So it is important to look for concepts with a legal approach to determine sanctions of genocide in the Islamic criminal perspective. The results of this research, genocide is part of the jurisdiction of Islamic criminal perspective, genocide belongs to a combination of jarimah. Jarimah is threatened with qhisash, with qhisash aimed at giving a deterrent effect to the perpetrators, while for the general public this qhisash provides benefits as a preventive effort.
ASMUNI, ST., MM
2022 · Article · Open Access
<em>Math anxiety often suffered by students in learning math. If it continues to appear, the students will not have a good ability on math concepts. Math concept actually is the basic ability in learning math. From a gender perspective, there is a difference in mathematics anxiety between male and female students. This research aims to seek out whether there is an influence of math anxiety on students’ comprehension of math concepts based on gender. The research method was the correlational research. The research subjects were the eighth grade students of MTsN 07 Tanah Datar. The research found there is a significant negative difference between math anxiety and the ability to comprehend math concepts based on gender at the eighth grade students of MTsN 07 Tanah Datar.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>The research’s aim is to present a thematic study of the prohibition of menstruating women to come inside the mosque and recite Al Qur’an. It is based on certain hadith with various Islamic histories. The analysis of mufradat and the content of hadith are used to reveal its prohibition. The method used in this research was library research or documents with a Maudhu'iy (thematic) approach. The results of this research concluded that menstruating women and Junub people are not forbidden to come inside the mosque for any reasons as long as they can keep their menstrual blood was not scattered in the mosque. It was based on several hadith proposed by Ibn Hazm and Aisyah. The reasons given by Ibn Hazm are relevant to the conditions of the present age. While reciting al-Qur'an, there is no single valid hadith stated by Imam al-Bukhari. It can be assumed that menstruating women may recite Al Qur'an. If they are forbidden to recite Al Qur'an and do dhikr, then she will be far from Allah as quoted in the hadith from Aisyah as explained that the prophet will always remember Allah all times</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>Every family member has different needs from one another. Children are the most important members of the family, especially in completing their needs. Each child has different basic needs. In the case of gender, sometimes boys are often prioritized over girls. But on the other hand girls also have many needs related to their nature as women. This various cases cause different need compliance that requires parents’ consideration. Therefore, parents need to accommodate their children needs which have gender diversity. In managing these children's needs, parents' creativity and understanding of their children are needed</em>.<em></em></p>
