Mitsaqan Ghalizan

HUKUM PENODAAN AGAMA PERSPEKTIF FIKIH, PERUNDANG-UNDANGAN INDONESIA, DAN HUKUM INTERNASIONAL

Gusriawan Sholehudin Wahid — 2023-12-13

This research aims to determine the views of Islamic jurisprudence, Indonesian legislation, and international law regarding religious blasphemy law. This research is normative legal research with a comparative and statutory approach. The results of this research show that there are differences in sanctions for blasphemy between Islamic jurisprudence, Indonesian legislation and international law. Fiqh views that the law on blasphemy can lead someone to become an apostate because it endangers the religion and its followers. Indonesian legislation views the law on religious blasphemy depending on the existing offense with legal consequences, such as the death penalty, imprisonment, imprisonment, fines, imprisonment, and even the revocation of certain rights. In international law, such as in Israel and Malaysia, punishment is given in the form of imprisonment or a fine for blasphemy of any religion, in contrast to Pakistan which applies the death penalty for blasphemy against Islam

KEDUDUKAN FATWA DSN DALAM TATA HUKUM NASIONAL

Ichwan Ahnaz Alamudi — 2023-12-13

The Sharia economy grows in line with the demands of the Muslim community, which wants an economy that competes with the capitalist economy. Of course this struggle is not as easy as turning your palms. Political, sociological, huokum struggles also colored the emergence of regulations that banks Shariah in Indonesia. With the system of non-Islamic states, it must be difficult for the sharia banking to conduct transactions in accordance with the law of fiction that is written in the Islamic books. The product of the sharial banking that is "forced" to resemble the conventional banking product must have an influence on the concept of the theory of akad in the classical fiction. This DSN-MUI fatwa will become a positive law when adopted in regulations approved by law, as adopted as a judge's opinion in its decision, or adopted by the Bank of Indonesia Regulations, OJK Regulations and others. The DSN-MUI Fatwa plays a major role in the development of the Shariah economy

PERAN PEMERINTAH MELINDUNGI USAHA RITEL TRADISIONAL DALAM PANDANGAN HUKUM EKONOMI SYARIAH

Najwan Fabian — 2023-12-13

This study aims to determine the role of the Banjarmasin city government in protecting traditional retail businesses and to analyze it in view of sharia economic law and also to find out the obstacles faced by the Banjarmasin city government in protecting traditional retail businesses. This research is a field research (field research) with a qualitative approach and using interviews and documentation methods. The results of research conducted by researchers indicate that the government has protected traditional retail businesses in the city of Banjarmasin, so that they continue to run well, several ways are carried out by providing services provided by the government, namely conducting guidance to business actors in work programs and also facilitating by providing capital assistance by the principle of cooperation and the principle of interest-free money loans through banks that have collaborated with the Banjarmasin City Cooperative Service. So in the view of sharia economic law, the loan should be interest-free, because it is a qardh contract that is social in nature where the existence of interest makes it a ribawi transaction. Then the obstacles faced by the Banjarmasin City government in protecting traditional retail businesses lie in the lack of ASN human resources which will have an impact on reducing the composition of the resulting performances, lack of data from the traditional retail business actors themselves, most traditional retail business actors are aged and business actors who are not intend to move forward.

KONSEP KEADILAN DALAM PRAKTIK POLIGAMI RASULULLAH

Firda Amalia Thoyibah — 2023-12-13

This article deals with Polygamy in the Islamic Law Prespective. Polygamy is a man who has more than one to four wives. In the view of Islam, polygamy can be done if it complies with what is clear in the Qur'an, namely, being able to act fair, fair. Then the number of wives may be maximum of four, does not neglect worship of Allah, can keep the honour of his wives, and there is no brotherhood between the former wife and the future wife to be married. Prophet's polygamy is different from what we see today. The practise of the Prophet's polygamy here is not based on biological necessities, but there are some considerations among them wanting to honor a widow, raise the rank of the widows and women who offer themselves for marriage. Nowadays polygamy is based only on biological necessities, and forgetting the element of justice in it. The writing of this article uses library studies/literature studies and qualitative descriptive methods.

LEGITIMASI HUKUM ZAKAT DI INDONESIA

Eka Retno Untari — 2023-12-13

This article discusses the legal legitimacy of zakat in Indonesia. In the history of Islam, zakat has been implemented effectively and successfully, even until no more poor people are found entitled to zakat. The teaching of Islam makes zakat a worship of maliyah ijtima’iyah, which has a social goal of building an economic system, has a goal of worldly well-being and the Hereafter. The Zakat is for the poor and the needy. Indonesia as one of the countries with a Muslim majority also accommodates various zakat provisions through several rites of law. This research is a normative law study with a conceptual approach. The results of this study show that the Basic Law of Zakat originates from the Quran, Hadith and National Law, Act No. 38 of 1999 on Zakat Management. Then the presence of BAZNAS, LAZ, and UPZ as part of the implementation of the legitimacy of zakat law in Indonesia.