Pub Date : 2017-12-14DOI: 10.14421/al-mazaahib.v4i1.2845
Ahmad Musadat
Although the legal provisions on inheritance from different religions in Islam have actually been rolled out for a long time. There is no clear spot regarding the inheritance of different religions at this time. Evidence that there are still differences of opinion regarding the issue of inheritance from different religions here, namely between Wahbah az-Zuhaili and Yusuf al-Qaradawi. Wahbah az-Zuhaili prohibits inheritance from different religions, but Yusuf al-Qaradawi with his minority fiqh rejects the absolute prohibition of inheritance, but only prohibits harbi infidels. The type of this research is Library Research. This research is descriptive, analytic, comparative The approach used by the authors is the uṣul al-fiqh approach by using muṭlaq and muqayyad theories. The approaches and theories above are to find out the differences in thoughts and backgrounds that cause these two figures to be different. In this difference, Wahbah az-Zuhaili absolutely rejects the inheritance of different religions because of his understanding of the hadith of the Prophet. Because Wahbah az-Zuhaili views this hadith of the prophet as absolute, so the meaning of the word infidel in the hadith is interpreted comprehensively for all infidels without exception. absolute. Because according to him the hadith of the Prophet still has a broad meaning. The theory which is considered as a muqayyad theory of hadith interpretation here causes the word infidel in that hadith to be interpreted as the takwil of followers of the Hanafi school of thought. The interpretation here specifies the word infidel from the word infidel to infidel harbi only. Yusuf al-Qaradawi's theory is relevant in Indonesia because Indonesia itself recognizes religions other than Islam itself.
{"title":"Waris Beda Agama Dalam Perspektif Hukum Islam: Studi Komparasi Pemikiran Wahbah Az-Zuhali dan Yusuf Al-Qaradawi","authors":"Ahmad Musadat","doi":"10.14421/al-mazaahib.v4i1.2845","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v4i1.2845","url":null,"abstract":"Although the legal provisions on inheritance from different religions in Islam have actually been rolled out for a long time. There is no clear spot regarding the inheritance of different religions at this time. Evidence that there are still differences of opinion regarding the issue of inheritance from different religions here, namely between Wahbah az-Zuhaili and Yusuf al-Qaradawi. Wahbah az-Zuhaili prohibits inheritance from different religions, but Yusuf al-Qaradawi with his minority fiqh rejects the absolute prohibition of inheritance, but only prohibits harbi infidels. The type of this research is Library Research. This research is descriptive, analytic, comparative The approach used by the authors is the uṣul al-fiqh approach by using muṭlaq and muqayyad theories. The approaches and theories above are to find out the differences in thoughts and backgrounds that cause these two figures to be different. In this difference, Wahbah az-Zuhaili absolutely rejects the inheritance of different religions because of his understanding of the hadith of the Prophet. Because Wahbah az-Zuhaili views this hadith of the prophet as absolute, so the meaning of the word infidel in the hadith is interpreted comprehensively for all infidels without exception. absolute. Because according to him the hadith of the Prophet still has a broad meaning. The theory which is considered as a muqayyad theory of hadith interpretation here causes the word infidel in that hadith to be interpreted as the takwil of followers of the Hanafi school of thought. The interpretation here specifies the word infidel from the word infidel to infidel harbi only. Yusuf al-Qaradawi's theory is relevant in Indonesia because Indonesia itself recognizes religions other than Islam itself.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127095202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-12-01DOI: 10.14421/al-mazaahib.v5i2.1426
Nurdhin Baroroh
Sad Adz-Dzariah is a breakthrough method produced by the scholars of Usul Fikih to protecting and keeping the human being as Mukallaf falling or rubbing on damage or mafsadah by closing and blocking all means, tools and wasilah that will be used for some action. But as a result of the development of life, there is another aspect that should be of concern as opposed also to avoiding damage or Mafsadah, namely the realization of the benefit or Jalbu al-Maslahah, by opening and allowing to use the means, tools and or wasilah that will be used for some action, by another method of ijtihad Fath Adz-Dzariah. So that the next concern is on the logical link or 'Illat Law must also be seen again for use, so then the transition from the Sad Adz-Dzariah Method to the Fath Adz-Dzariah Method can be done.Kata Kunci: Sad Adz-Dzariah, Fath Adz-Dzariah, sarana, alat dan wasilah
Sad Adz-Dzariah是Usul Fikih学者提出的一种突破性的方法，通过关闭和阻挡所有将用于某些行动的手段、工具和wasilah，来保护和保持人类作为Mukallaf坠落或摩擦损害或mafsadah。但是，作为生命发展的结果，与避免损害或Mafsadah相反，还有另一个方面应该引起关注，即通过开放和允许使用将用于某些行动的手段、工具和wasilah来实现Jalbu al-Maslahah的利益，通过另一种方法，以jjtihad Fath Adz-Dzariah。所以下一个关注的是逻辑链接或伊拉特法也必须再次使用，所以从Sad Adz-Dzariah方法过渡到法斯Adz-Dzariah方法可以完成。Kata Kunci: Sad Adz-Dzariah, Fath Adz-Dzariah, sarana, alat dan wasilah
{"title":"METAMORFOSIS “ILLAT HUKUM” DALAM SAD ADZ-DZARI’AH DAN FATH ADZ-DZARIAH (SEBUAH KAJIAN PERBANDINGAN)","authors":"Nurdhin Baroroh","doi":"10.14421/al-mazaahib.v5i2.1426","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i2.1426","url":null,"abstract":"Sad Adz-Dzariah is a breakthrough method produced by the scholars of Usul Fikih to protecting and keeping the human being as Mukallaf falling or rubbing on damage or mafsadah by closing and blocking all means, tools and wasilah that will be used for some action. But as a result of the development of life, there is another aspect that should be of concern as opposed also to avoiding damage or Mafsadah, namely the realization of the benefit or Jalbu al-Maslahah, by opening and allowing to use the means, tools and or wasilah that will be used for some action, by another method of ijtihad Fath Adz-Dzariah. So that the next concern is on the logical link or 'Illat Law must also be seen again for use, so then the transition from the Sad Adz-Dzariah Method to the Fath Adz-Dzariah Method can be done.Kata Kunci: Sad Adz-Dzariah, Fath Adz-Dzariah, sarana, alat dan wasilah","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128643945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-11-22DOI: 10.14421/al-mazaahib.v5i2.1424
Udiyo Basuki
The history of village arrangements in the state administration system in Indonesia has had ups and downs following the flow of social and political dynamics. In the Dutch and Japanese colonial era, villages were highly neglected. In the old order the existence of legal products that regulate the village actually makes the village eroded and marginalized. In the New Order period the village was regulated separately in Law No. 5 of 1979 which embraced uniformity like a village in Java. This resulted in the existence of indigenous peoples outside Java experiencing tremendous reductions. As the fall of the New Order and replaced by the Reform Order, the existence of villages and indigenous and tribal peoples is reduced to a part of the regency / municipal territory or regency which is incorporated in Law No. 22 of 1999. The next law product is Law No. 6 of 2014, which accommodates the existence of the village and traditional village. The alignment of this Law is in practice worthy of review and testing. This paper describes the development of village settings in the Indonesian state administration system from the beginning of independence until now.Kata kunci: desa mawa cara negara mawa tata, desa, sistem ketatanegaraan, masyarakat adat
印度尼西亚国家行政系统中村庄安排的历史随着社会和政治动态的变化而起伏不定。在荷兰和日本殖民时期，村庄被严重忽视。在旧秩序下，规范村庄的法律产品的存在，实际上使村庄受到侵蚀和边缘化。在新秩序时期，该村受到1979年第5号法律的单独管理，该法律像爪哇的村庄一样实行统一。这导致爪哇以外的土著人民的人口急剧减少。随着“新秩序”的瓦解和“改革秩序”的取代，村庄、土著和部落人民的存在被缩小为摄政/市领土或摄政的一部分，并被纳入1999年第22号法律。下一个法律产品是2014年的第6号法律，它容纳了村庄和传统村庄的存在。这一法律的一致性在实践中值得审查和检验。本文描述了印尼国家行政体制中村庄设置从独立开始到现在的发展历程。Kata kunci: desa mawa cara negara mawa tata, desa, system ketatanegaraan, masyarakat adat
{"title":"DESA MAWA CARA NEGARA MAWA TATA: DINAMIKA PENGATURAN DESA DALAM SISTEM KETATANEGARAAN INDONESIA","authors":"Udiyo Basuki","doi":"10.14421/al-mazaahib.v5i2.1424","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i2.1424","url":null,"abstract":"The history of village arrangements in the state administration system in Indonesia has had ups and downs following the flow of social and political dynamics. In the Dutch and Japanese colonial era, villages were highly neglected. In the old order the existence of legal products that regulate the village actually makes the village eroded and marginalized. In the New Order period the village was regulated separately in Law No. 5 of 1979 which embraced uniformity like a village in Java. This resulted in the existence of indigenous peoples outside Java experiencing tremendous reductions. As the fall of the New Order and replaced by the Reform Order, the existence of villages and indigenous and tribal peoples is reduced to a part of the regency / municipal territory or regency which is incorporated in Law No. 22 of 1999. The next law product is Law No. 6 of 2014, which accommodates the existence of the village and traditional village. The alignment of this Law is in practice worthy of review and testing. This paper describes the development of village settings in the Indonesian state administration system from the beginning of independence until now.Kata kunci: desa mawa cara negara mawa tata, desa, sistem ketatanegaraan, masyarakat adat","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131360678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1393
M. Sugiyanto
This paper examines the implementation of the marriage tradition of Perang Bangkat in Kemiren Banyuwangi, East Java, from the perspective of Islamic law. This tradition has sparked debate among Muslims. Some of them consider that the tradition of war has deviated from the teachings of Islam, while others think that it was not against the teachings of Islam. This paper explains that the tradition is a marriage ritual between a pair of brides with the status of a sonship (youngest) married to a fellow surname, the firstborn with the firstborn and the youngest child with the firstborn in each family. The hope of his household life will be happy. Implementation of this ritual was carried out before the marriage ceremony took place and was done at the time of afternoon, when the sun began to sink, around the time of maghrib arrived. This paper further confirms that this tradition is permissible in Islam because it includes community customs that are not contrary to the rules of Islamic law (al-'urf as-sahih). Thus, the law to perform the ritual tradition is allowed as long as it does not harm one party and there is no element that contradicts to the Islamic law
{"title":"TRADISI PERANG BANGKAT PADA MASYARAKAT SUKU OSING BANYUWANGI: PERSPEKTIF HUKUM ISLAM","authors":"M. Sugiyanto","doi":"10.14421/al-mazaahib.v5i1.1393","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1393","url":null,"abstract":"This paper examines the implementation of the marriage tradition of Perang Bangkat in Kemiren Banyuwangi, East Java, from the perspective of Islamic law. This tradition has sparked debate among Muslims. Some of them consider that the tradition of war has deviated from the teachings of Islam, while others think that it was not against the teachings of Islam. This paper explains that the tradition is a marriage ritual between a pair of brides with the status of a sonship (youngest) married to a fellow surname, the firstborn with the firstborn and the youngest child with the firstborn in each family. The hope of his household life will be happy. Implementation of this ritual was carried out before the marriage ceremony took place and was done at the time of afternoon, when the sun began to sink, around the time of maghrib arrived. This paper further confirms that this tradition is permissible in Islam because it includes community customs that are not contrary to the rules of Islamic law (al-'urf as-sahih). Thus, the law to perform the ritual tradition is allowed as long as it does not harm one party and there is no element that contradicts to the Islamic law","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125766002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1397
L. Rindani
Consumers are often aggrieved parties in various fields, whether in health care, economic transactions, transportation services, as well as freight forwarding services. To minimize this, pemeritah has issued a law guaranteeing the rights of consumers, namely Law No. 8 of 1999 on Consumer Protection. With the existence of this law then any aggrieved consumers are given the right to claim damages to the party that had led to the losses. However, in practice, not all agencies providing services to consumers have applied this law to the fullest. In this context, PT Pos Indonesia (Persero) Merjosari Malang is one example. Here, PT Pos Indonesia Merjosari Malang has indeed enacted and applied this law; In the sense that the postal party has assigned its responsibility to the consumer by providing compensation for the loss suffered by the consumer. However, the accountability of the post to the consumer looks not maximized, because there are still consumers who can not claim losses suffered. Thus the responsibilities made by the postal entities do not fully comply with the laws of consumer protection as well as Islamic law
{"title":"PERLINDUNGAN KONSUMEN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN HUKUM ISLAM","authors":"L. Rindani","doi":"10.14421/al-mazaahib.v5i1.1397","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1397","url":null,"abstract":"Consumers are often aggrieved parties in various fields, whether in health care, economic transactions, transportation services, as well as freight forwarding services. To minimize this, pemeritah has issued a law guaranteeing the rights of consumers, namely Law No. 8 of 1999 on Consumer Protection. With the existence of this law then any aggrieved consumers are given the right to claim damages to the party that had led to the losses. However, in practice, not all agencies providing services to consumers have applied this law to the fullest. In this context, PT Pos Indonesia (Persero) Merjosari Malang is one example. Here, PT Pos Indonesia Merjosari Malang has indeed enacted and applied this law; In the sense that the postal party has assigned its responsibility to the consumer by providing compensation for the loss suffered by the consumer. However, the accountability of the post to the consumer looks not maximized, because there are still consumers who can not claim losses suffered. Thus the responsibilities made by the postal entities do not fully comply with the laws of consumer protection as well as Islamic law","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115360395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1390
M. U. Abshor
Dewan Dakwah Islamiyah Indonesia (DDII) when setting the start of Ramadan and Syawal they follow the Indonesian government method (imkanur rukyah) with matla 'Indonesia (wilayatul hukmi, parts of Indonesia as a jurisdiction), but when the month of Idul Adha following the government's decision of Saudi Arabia. The reason, Eid al-Adha is closely related to the standing events so that decisions regarding the events wukuf the government authorities Saudi Arabia. Rukyah sect DDII is Mecca referring Rukyah official letter signed by the Secretary General of the Muslim World League Syeikh Muhammad Shalih Islami Qazzaz Number: 1/6/5/45 dated July 25th 1975 regarding determination of Eid Al Adha addressed to the members of the Majlis Mohammad Natsir as Ta ' The Mudir side of Maktab and the General Counsel of Rabithah 'Alam Islam. In the letter mentioned proposition Syeikhul Azhar Abdul Halim Mahmud in the form of a press release in 1975 that called for that in terms of determining the beginning of the month of Zulhijjah, should all be guided by the results of an Islamic state Rukyah Saudi Arabia, so that the Muslims of the opinion in the issue of the establishment of the standing at Arafat. DDII use understanding the verses of the Quran and hadith, related to the argument of the testimony rukyah, replenish a fair witness to determine the beginning of fasting, while the end of the fasting decided to use at least two witnesses were fair and tsiqah (reliable). Witnesses are not required to be male or female, because what is delivered is a news of observation.
Dewan Dakwah Islamiyah Indonesia (DDII)在设定斋月和斋月开始时，他们遵循印度尼西亚政府的方法(imkanur rukyah)，以matla 'Indonesia (wilayatul hukmi，印度尼西亚部分地区为管辖范围)，但当宰牲节的月份遵循沙特阿拉伯政府的决定。原因是，宰牲节与常设活动密切相关，因此有关活动的决定需要沙特阿拉伯政府当局作出。Rukyah教派DDII指的是麦加，指的是由穆斯林世界联盟秘书长syekh Muhammad Shalih Islami Qazzaz于1975年7月25日签署的关于确定宰牲节的Rukyah官方信件:1/6/5/45，发给Majlis Mohammad Natsir成员，作为Maktab的Mudir一方和Rabithah 'Alam Islam的总顾问。信中提到了1975年以新闻发布形式提出的建议，即在确定立月的开始时，应全部以伊斯兰国家沙特阿拉伯的结果为指导，以便穆斯林的意见在阿拉法特的立场问题上得到确立。DDII使用理解古兰经的经文和圣训，相关的论据rukyah，补充一个公平的证人来确定斋戒的开始，而斋戒结束决定使用至少两个证人是公平和tsiqah(可靠)。证人不需要是男性或女性，因为所传递的是观察到的新闻。
{"title":"METODE PENENTUAN AWAL BULAN RAMADAN, SYAWAL, DAN ZULHIJJAH MENURUT DEWAN DAKWAH ISLAMIYAH INDONESIA","authors":"M. U. Abshor","doi":"10.14421/al-mazaahib.v5i1.1390","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1390","url":null,"abstract":"Dewan Dakwah Islamiyah Indonesia (DDII) when setting the start of Ramadan and Syawal they follow the Indonesian government method (imkanur rukyah) with matla 'Indonesia (wilayatul hukmi, parts of Indonesia as a jurisdiction), but when the month of Idul Adha following the government's decision of Saudi Arabia. The reason, Eid al-Adha is closely related to the standing events so that decisions regarding the events wukuf the government authorities Saudi Arabia. Rukyah sect DDII is Mecca referring Rukyah official letter signed by the Secretary General of the Muslim World League Syeikh Muhammad Shalih Islami Qazzaz Number: 1/6/5/45 dated July 25th 1975 regarding determination of Eid Al Adha addressed to the members of the Majlis Mohammad Natsir as Ta ' The Mudir side of Maktab and the General Counsel of Rabithah 'Alam Islam. In the letter mentioned proposition Syeikhul Azhar Abdul Halim Mahmud in the form of a press release in 1975 that called for that in terms of determining the beginning of the month of Zulhijjah, should all be guided by the results of an Islamic state Rukyah Saudi Arabia, so that the Muslims of the opinion in the issue of the establishment of the standing at Arafat. DDII use understanding the verses of the Quran and hadith, related to the argument of the testimony rukyah, replenish a fair witness to determine the beginning of fasting, while the end of the fasting decided to use at least two witnesses were fair and tsiqah (reliable). Witnesses are not required to be male or female, because what is delivered is a news of observation.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126951698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1396
Syafi’atul Mir’ah Ma’shum
Baitul Maal wa Tamwil (BMT) is one type of micro finance institution that uses sharia principles. The BMT contributes to a real small economic by providing financing and channeling of funds. But the problem arises when liquidation occurs on the BMT, which rules should be used as a rule to solve it. This paper discusses the legal protection for BMT customers who are liquidated in Indonesia. The aim is to explain how legal protection forms for customers and why this legal protection is necessary for customers. The analysis used is statute approach and a conceptual approach. The legal basis of protection for BMT customers is Law no. 1 of 2013 on Microfinance Institutions (LKM), particularly articles 24 and 25, which regulate the prevention of disputes or revocation of licenses. Article 26 states that the Financial Services Authority (OJK) provides a deposit service if it makes them lose. But if BMT incorporated in the form of cooperative (koperasi) the law that use as basis is Law No. 25 of 1992, especially article 54 on the settlement. Differences in this rule become one of the factors slow the settlement of the problem of BMT customers that liquidated. The government should provide clear rules regarding the institutional status of BMT, so that the settlement of client's legal protection becomes clear
Baitul Maal wa Tamwil (BMT)是一种使用伊斯兰教法原则的微型金融机构。BMT通过提供融资和资金渠道，为一个真正的小型经济体做出了贡献。但是当BMT发生平仓时，就会出现问题，应该用哪些规则作为规则来解决这个问题。本文讨论了在印尼清算BMT客户的法律保护问题。目的是解释法律保护是如何对客户形成的，以及为什么这种法律保护对客户是必要的。所使用的分析是法规方法和概念方法。BMT客户保护的法律依据是《中华人民共和国法律》。2013年关于小额信贷机构(LKM)的第1号法令，特别是第24条和第25条，其中规定了防止争议或撤销许可证。第26条规定，金融服务管理局(OJK)提供存款服务，如果它使他们损失。但是，如果BMT以合作社(koperasi)的形式成立，作为依据的法律是1992年第25号法，特别是关于结算的第54条。这一规则的差异成为BMT客户清算问题解决缓慢的因素之一。政府应明确BMT的制度地位，使客户法律保护的解决变得清晰
{"title":"PERLINDUNGAN HUKUM BAGI NASABAH BAITUL MAAL WA TAMWIL (BMT) YANG DILIKUIDASI DI INDONESIA","authors":"Syafi’atul Mir’ah Ma’shum","doi":"10.14421/al-mazaahib.v5i1.1396","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1396","url":null,"abstract":"Baitul Maal wa Tamwil (BMT) is one type of micro finance institution that uses sharia principles. The BMT contributes to a real small economic by providing financing and channeling of funds. But the problem arises when liquidation occurs on the BMT, which rules should be used as a rule to solve it. This paper discusses the legal protection for BMT customers who are liquidated in Indonesia. The aim is to explain how legal protection forms for customers and why this legal protection is necessary for customers. The analysis used is statute approach and a conceptual approach. The legal basis of protection for BMT customers is Law no. 1 of 2013 on Microfinance Institutions (LKM), particularly articles 24 and 25, which regulate the prevention of disputes or revocation of licenses. Article 26 states that the Financial Services Authority (OJK) provides a deposit service if it makes them lose. But if BMT incorporated in the form of cooperative (koperasi) the law that use as basis is Law No. 25 of 1992, especially article 54 on the settlement. Differences in this rule become one of the factors slow the settlement of the problem of BMT customers that liquidated. The government should provide clear rules regarding the institutional status of BMT, so that the settlement of client's legal protection becomes clear","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114168555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1391
A. Halim, M. Hamsin
Since the Dutch Government has divided the Dutch East Indies into three groups, namely the European and the ecquivalent to European, the Indigenous and the Far Eastern groups, since then the Civil Law applies to different classes. In the field of marriage, for example, each group has its own marital law. So the law of marriage prevailing in society is pluralistic. As a result, the gap between the legal system can not be avoided. The Marriage Act was born as an attempt to minimize the legal gap, but in reality, even though it has been in force for about three decades of legal gap in the field of marriage, there are still many of them being minors. This paper aims to explain why there is still a gap between the provisions of the underage marriage in Fikih Munakahat and the UUP and offer resolution resolution using LM's legal system theory. Friedman, an alternative policy introduced by Soetandyo Wignjosoebroto and the law of harmonization introduced by L.M. Gandhi.
{"title":"KESENJANGAN KETENTUAN PERNIKAHAN DI BAWAH UMUR ANTARA FIKIH MUNAKAHAT DAN UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN","authors":"A. Halim, M. Hamsin","doi":"10.14421/al-mazaahib.v5i1.1391","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1391","url":null,"abstract":"Since the Dutch Government has divided the Dutch East Indies into three groups, namely the European and the ecquivalent to European, the Indigenous and the Far Eastern groups, since then the Civil Law applies to different classes. In the field of marriage, for example, each group has its own marital law. So the law of marriage prevailing in society is pluralistic. As a result, the gap between the legal system can not be avoided. The Marriage Act was born as an attempt to minimize the legal gap, but in reality, even though it has been in force for about three decades of legal gap in the field of marriage, there are still many of them being minors. This paper aims to explain why there is still a gap between the provisions of the underage marriage in Fikih Munakahat and the UUP and offer resolution resolution using LM's legal system theory. Friedman, an alternative policy introduced by Soetandyo Wignjosoebroto and the law of harmonization introduced by L.M. Gandhi.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125587737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1395
I. Lubis
The issue of Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the status of children outside of marriage has a great influence on the laws and regulations in Indonesia, especially the Marriage Law. The substance of this Constitutional Court ruling changed the category of legitimate children as understood by applicable law as well as Islamic law. An outsider who has been considered an illegitimate child, based on the decision of the Constitutional Court is categorized as a legitimate child, thus having a civic relationship with his biological father. This article explains the implications of the decision of the Constitutional Court's Decision, especially in relation to the civil rights of its inheritance. The focus of the discussion on two things, namely how the inheritance of children outside of marriage and how the view of Islamic law on his inheritance. The results of this study reveal two things. First, after the Decision of the Constitutional Court Number 46/PUU-VIII /2010, an outsider or child born of sirri marriage or not being registered shall be entitled to inheritance, if it has been justified by the Court. Between father and son have a blood relationship and the child is classified as a legitimate child. Second, the inheritance of children outside marriage or who are born of sirri marriage or not registered can only be done through a will. This is because the child can only be attributed to his mother and is not counted as the heir of his father.
{"title":"KEWARISAN ANAK LUAR KAWIN (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010)","authors":"I. Lubis","doi":"10.14421/al-mazaahib.v5i1.1395","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1395","url":null,"abstract":"The issue of Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the status of children outside of marriage has a great influence on the laws and regulations in Indonesia, especially the Marriage Law. The substance of this Constitutional Court ruling changed the category of legitimate children as understood by applicable law as well as Islamic law. An outsider who has been considered an illegitimate child, based on the decision of the Constitutional Court is categorized as a legitimate child, thus having a civic relationship with his biological father. This article explains the implications of the decision of the Constitutional Court's Decision, especially in relation to the civil rights of its inheritance. The focus of the discussion on two things, namely how the inheritance of children outside of marriage and how the view of Islamic law on his inheritance. The results of this study reveal two things. First, after the Decision of the Constitutional Court Number 46/PUU-VIII /2010, an outsider or child born of sirri marriage or not being registered shall be entitled to inheritance, if it has been justified by the Court. Between father and son have a blood relationship and the child is classified as a legitimate child. Second, the inheritance of children outside marriage or who are born of sirri marriage or not registered can only be done through a will. This is because the child can only be attributed to his mother and is not counted as the heir of his father.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123442708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-06-01DOI: 10.14421/al-mazaahib.v5i1.1394
M. Al-Mabruri
The question of the distribution of heritage property from parents to their children, or from people who have died to the parties entitled to them is a complicated problem and often cause problems for many family members. Generally, the problems arising from the practice of inheritance share are because each party feels it does not get the inheritance as it should be (unfair). This paper examines the concept of justice in the distribution of inheritance under Islamic law and Burgerlijk Wetboek (BW). This paper has provided valuable information on the understanding and concept of justice existing in Islamic law and also in BW, in which the different concept of justice has given rise to different provisions in terms of inheritance division. In the Islamic heirs law, the concept of justice is based on the principle of equitable justice, while the concept of justice contained in Burgerlijk Wetboek is built on Western philosophies and ideas, especially the justice Aristotle made about the equality of rights between individuals. Therefore, the rights of the heirs are equal to the rights of the daughter's heirs. The difference in fairness in the distribution of inheritance is due to differences in the perspectives of justice and the legal basis of the two heirs. Islam considers that the obligation to provide family support is the responsibility of men so that it is appropriate if men doubled the share of women's heritage. Meanwhile, in the Western thinking that forms the BW heir system does not determine and imposes obligations to provide a family income only to men or women, so BW's heirs provide a share of inheritance equally between men and women.
{"title":"KEADILAN PEMBAGIAN HARTA WARISAN PERSPEKTIF HUKUM ISLAM DAN BURGERLIJK WETBOEK","authors":"M. Al-Mabruri","doi":"10.14421/al-mazaahib.v5i1.1394","DOIUrl":"https://doi.org/10.14421/al-mazaahib.v5i1.1394","url":null,"abstract":"The question of the distribution of heritage property from parents to their children, or from people who have died to the parties entitled to them is a complicated problem and often cause problems for many family members. Generally, the problems arising from the practice of inheritance share are because each party feels it does not get the inheritance as it should be (unfair). This paper examines the concept of justice in the distribution of inheritance under Islamic law and Burgerlijk Wetboek (BW). This paper has provided valuable information on the understanding and concept of justice existing in Islamic law and also in BW, in which the different concept of justice has given rise to different provisions in terms of inheritance division. In the Islamic heirs law, the concept of justice is based on the principle of equitable justice, while the concept of justice contained in Burgerlijk Wetboek is built on Western philosophies and ideas, especially the justice Aristotle made about the equality of rights between individuals. Therefore, the rights of the heirs are equal to the rights of the daughter's heirs. The difference in fairness in the distribution of inheritance is due to differences in the perspectives of justice and the legal basis of the two heirs. Islam considers that the obligation to provide family support is the responsibility of men so that it is appropriate if men doubled the share of women's heritage. Meanwhile, in the Western thinking that forms the BW heir system does not determine and imposes obligations to provide a family income only to men or women, so BW's heirs provide a share of inheritance equally between men and women.","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114556876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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