ANALISIS PERKEMBANGAN PRAKTIK BAITUL MAAL PADA MASA DAULAH ISLAMIYAH DAN DALAM KONTEKS DI INDONESIA

Purpose of this study is to analyze the development of the Baitul Maal practice during the Daulah Islamiyah era and in the context of Indonesia. This study uses a qualitative approach was used through library research using various relevant library materials and previous literature studies. The main finding of this research is that the development of Baitul Maal during the Daulah Islamiyah period always experienced developments in terms of institutional, administrative, construction of central and local Baitul Maal sites and fiscal policy in the distribution of Baitul Maal assets. The main sources of income of Baitul Maal in the early days of Islamic development were khums, zakat, kharaj and jizyah in which the amount, duration and usage were based on the Qur'an and Hadith, while the expenditure of Baitul Maal funds during the Islamic State was focused on the public service sector. Nowadays, there are several different aspects between the Daulah Islamiyah and Indonesia which can be seen concepts, institutions, roles and functions, sources of income and types of expenditure Baitul Maal.

HISTORIOGRAFI KAUSA LEGAL BUNGA (RIBA) DI INDONESIA

The discourse on interest can be said to be a "classic" problem both in the development of Islamic thought or in the history of human civilization. Because interest can not be separated from the economic activities of humanity. In Indonesia, interest has become transactions in the economic field in general. Until now interest collection still occurs in various commercial activities, both in the sale and purchase activities, accounts payable and other transactions. In Islamic teachings, economic activities carried out by humans have some rules and ethics or morality in Islamic law. However, the stipulation of interest as usury still needs an in-depth study, especially in terms of the history of legality stipulated in a fatwa in Indonesia.

“Dakwah Pembebasan” Perspektif KH. MA. Sahal Mahfudh Dalam Buku “Nuansa Fiqih Sosial”

This article discusses the thoughts of da'wah bi al-hâl KH. MA Sahal Mahfudh in his book entitled "Shades of Social Fiqh".The research in this article is the reasech library with a qualitative descriptive approach. That is, the results of this paper are presented in the form of a translation based on the existing literature and data.Da'wah aims to bring mad'u achieve happiness in the world and the hereafter, therefore preaching is not merely a matter of the preacher who stands on the pulpit and conveys the hadith or verses of the Koran to mad'u. Empowering and freeing people from all forms of adversity, according to KH. MA Sahal Mahfudh, also included preaching. This method of preaching is called real action propaganda (da'wah liberation) or da'wah bi al-hāl or da'wah bi lisân al-hâl.This method of da'wah becomes very important, because when your physical needs are met, the messages of da'wah will be easily conveyed and accepted by mad'u thus, the purpose of da'wah will also be easily achieved. On the other hand, if people live in misery, then mad'u has the potential to deny the teachings of God.

Hukum adat di aceh

Tulisan ini merupakan penelaahan tentang salah satu hukum adat yang berlaku di desa Batu Bedulang, Aceh Tamiang, di mana “seseorang yang terbukti melakukan Khalwat dapat dinikahkan oleh Pemangku adat (tokoh adat)”. Pemberlakuan pernikahan karna Khalwat ini memiliki implikasi cukup serius, selain jumlah pernikahannya yang terus meningkat di setiap tahunnya, juga kerap dilakukan di bawah umur (19 tahun). Praktek pernikahan Khalwat ini memiliki belbagai model kecenderungan. Di satu sisi, ada beberapa pernikahan yang dilakukan atas dasar keterpaksaan dan ketidaksiapan mereka untuk dinikahkan yang pada akhirnya menjadikan pernikahan sebagai formalitas merupakan tujuan utama untuk mematuhi hukum adat yang pada akhirnya cerai setelah dinikahkan, meskipun tidak sedikit yang mempertahankan pernikahan tersebut (tidak cerai). Sementara di lain sisi, juga nyatanya tidak sedikit yang memanfaatkan hukum adat sebagai justifikasi agar mereka dapat menikah. Dengan demikian, tulisan ini berupaya menyelidiki alasan mengapa Pemangku adat menjadikan pernikahan sebagai sanksi Khalwat? Hal ini disadari bahwa pemberlakuan pernikahan ini nyatanya tidak dapat dibuktikan bahwa mereka telah benar-benar melakukan sesuatu pelanggaran berat (zina) yang dalam hukum jinayat sendiri sama sekal tidaki diberlakukan sanksi kecuali cambuk, begitu juga dengan sanksi zina. Asumsi sementara tulisan ini bahwa menjadikan pernikahan sebagai sanksi Khalwat merupakan aturan adat itu sendiri, menutupi malu keluarga dan terutama terkait dengan dalil keagamaan (17:32).

TAQNĪN AL-AHKĀM (Telaah Sejarah Legislasi Hukum Perdata Islam dalam Hukum Nasional Indonesia)

In establishing law (istinbath al-hukm) Islam uses an approach to the al-Qur'an and al-Hadith, where both are references to all legal problems. Indonesia is a country with the largest majority of Muslims in the world. Not so, the existence of Indonesia as a law state that adheres to a democratic system requires the existence of Islamic legal legislation from living law to legal law. Where, Fiqh began to be formulated into constitution. Therefore, Indonesia, which is known as the trias politica government system (Judicative, Executive and Legislative), must also provide space for Muslims in the National Legislation Program (Prolegnas) to form Islamic law in Indonesia. This legislative process in Islam is known as Taqnīn Al-Ahkām (legal legislation).

PEMERIKSAAN EMPIRIS PADA PENGARUH KINERJA SOSIAL TERHADAP PROFITABILITAS DI BANK SYARIAH

Islamic banking is growing rapidly, especially Malaysia, Indonesia, and Brunei Darussalam. This causes Islamic banking to be demanded to be more responsive to stakeholders. This then becomes the basis that Islamic banking must improve its social performance. Social performance is a form of corporate social responsibility to fulfill obligations that come from people's expectations of company behavior. Researchers are interested to find out whether there is an influence of disclosure of social performance on profitability in Islamic banks in Indonesia. This type of research is quantitative using secondary data and linear regression as a data analysis method. This study shows that there is an influence of disclosure of social performance on profitability of Islamic banks in Indonesia.

PENDIDIKAN KELUARGA MENURUT SYAIKH NAWAWI DALAM KITAB UQÛD AL-LUJJAYN FÎ BAYÂNI HUQÛQ AL-ZAWJAIN

Nowadays the tempest of the household not only raises acute disharmony between husband and wife but also has fatal consequences for the moral decadence of children. Therefore, it is felt necessary to examine family education in the book of Uqûd al-Lujjayn by Shaykh Nawawi to transmit objective steps in maintaining the stability of Islamic households to the community. This research is a type of literature study using a qualitative approach. From the results of the study, it was found that the purpose of family education is to care for the family from Hellfire with the approach of the science of jurisprudence and morals. Educators are fathers and mothers, while students are wives and children through the methods of instruction and habituation, question and answer, punishment and exemplary. The internalization of Shaykh Nawawi's family education is very relevant in modern families as a preventive measure from the threat of materialistic life style threats. Among them, optimizing the husband in playing his role as an educator for children and wife towards the inculcation of sharia values ​​and character education, not just fulfilling birth obligations. Likewise a mother establishes herself as a domestic worker and child educator. An ideal formulation of family education in realizing the quality of faith and piety not the quantity of thrones and possessions. But the concept of Shaykh Nawawi in intimidating children in giving orders needs to be synergized with typical modern children. For children who are hard-hearted, arrogant and egocentric, this concept is considered not accurate, so the relevance is not right. Likewise, direct punishment to children and wives is considered less relevant. Imposing punishment must be carried out procedurally with the principle of proportional and conditional sourced from the principle of min al-akhaffi ilâ al-asyad: starting from the lightest to the heaviest.

ANALISIS PENERAPAN HYBRID CONTRACT PADA PRODUK UNIT LINK DI ASURANSI JIWA PT PRUDENTIAL PAMEKASAN

The study of insurance in Islamic law is a new thing, and has never been found in classical fiqh literature. The discussion of insurance in the area of ​​Islamic sciences only appeared at the stage of the birth of contemporary scholars. Included in relation to the application of hybrid contracts in insurance. Along with the development of life insurance products, insurance companies not only provide traditional insurance services that are purely protection, but also provide various supporting services for financial planning in the future, according to their needs and financial capabilities, whether they are personal, family or group. one service offered is a combination of insurance and investment, known as Unit Link. The application of a hybrid contract on the unit link in Prudential Pamekasan life insurance is a contract between a participant and a sharia insurance company using a tijarah contract called wakalah bil ujrah, and an easyarabah / musyarakah contract on its investment. and covenants among participants using the tabarru contract 'in the form of a grant, and Qard. The advantages and disadvantages of implementing Unit Link hybrid contracts at PT Prudential Pamekasan syariah and conventional can be seen from the reasons customers choose insurance and the most influential is the rate of premium returns and the investment returns, in this case PRUsyariah is relatively smaller than conventional. 3). The implementation of the Prudential PRUlink Pamekasan hybrid contrac Unit Link in the perspective of Islamic economics can produce multiple legal interpretations between those who allow and those who do not.

KONVERGENSI PEMIKIRAN ETIKA SOSIAL GUS DUR DAN ETIKA UTILITARIANISME

This paper tries to explore the consep of maṣlaḥa of Abdurrahman Wahid as known better call his name by Gus Dur and it’s convergence with the utilitarianism ethics. This research starting from the deep curiousity intellectual the writer after saw he’s thinking in few media as such as the magazine, newspaper today, and his books that has codificated in the famous publisher in Indonesia. Even he’s—as we known—never wrote his thinking in a full books as such as academic type, however if we seen of his thinks could be understood if in every his ideas has a metodology and a current basic approach. From this describe we have a few problem research, first, how the truth the concept of maṣlaḥa Abdurrahman Wahid; second, how the convergence of his maṣlaḥa base ethics thinking with the utilitarianism ethics; third, how the relevance his maṣlaḥa based ethics thinking in Indonesia today. This research was library studies that use the deductive and inductive methode. Meanwhile, the research use a few approaches as such as historical-philosopys and descriptive-analysis. This discourse seen important because almost never found the thinking that describe of the concept of maṣlaḥa based ethics of Abdurrahman Wahid especially from islamic law perspective.

PERANAN ADVOKAT DALAM MEWUJUDKAN KEWENANGAN PENGADILAN AGAMA DALAM BIDANG KEWARISAN

In matters of inheritance between religious people, Islam has determined in the Law which establishes the authority of the Court. This authority has been approved in a limited way in the Religious Court Law. The problem that often occurs is that the advocate as the attorney of the plaintiff (client) does not follow the provisions submitted and submitted to the District Court on the basis of Unlawful Acts. In general, clients do not know about the endorsement. When this happens, the role of the advocate will be canceled by the role of the religious court and deciding the case of inheritance between Muslims (Islamic personaliatas)