Pub Date : 2022-12-08DOI: 10.22373/dusturiyah.v12i2.13260
Dissarami Dissarami
Pre-wedding photo shoots are carried out to meet various aesthetic needs at the wedding ceremony. This causes many people to need the services of a photographer, producing various forms of style from every pre-wedding photo moment that is created. There are three problem formulations in this thesis, namely first, how is the contribution of the photographer in determining behavior and style in pre-wedding shooting. Second, what are the efforts made by the photographer to avoid photo sessions that are against the syara' in pre-wedding photography. Third, what are the consequences of the photographer's income according to the perspective of the ijarah al-'amal contract in Takengon City. The method that the author uses in this research is a qualitative descriptive method, the data collection used is through library researchers and field researchers, carried out by researching and asking questions to the photographer in Takengon City. The results of the study show that first, the participation of photographers in the photo-taking process to avoid things that are contrary to sharia. Second, in the photo session there were several photographers giving rules and restrictions to clients to avoid things that are contrary to sharia rules. Third, the photographer's income has met the terms and conditions based on the ijarah al-amal agreement
{"title":"PHOTOGRAPHER INCOM EARNINGS PRE-WEDDING IN PERSPECTIVE AL-'AMÂL . IJÂRAH CONTRACT (A Research in Takengon City)","authors":"Dissarami Dissarami","doi":"10.22373/dusturiyah.v12i2.13260","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.13260","url":null,"abstract":"Pre-wedding photo shoots are carried out to meet various aesthetic needs at the wedding ceremony. This causes many people to need the services of a photographer, producing various forms of style from every pre-wedding photo moment that is created. There are three problem formulations in this thesis, namely first, how is the contribution of the photographer in determining behavior and style in pre-wedding shooting. Second, what are the efforts made by the photographer to avoid photo sessions that are against the syara' in pre-wedding photography. Third, what are the consequences of the photographer's income according to the perspective of the ijarah al-'amal contract in Takengon City. The method that the author uses in this research is a qualitative descriptive method, the data collection used is through library researchers and field researchers, carried out by researching and asking questions to the photographer in Takengon City. The results of the study show that first, the participation of photographers in the photo-taking process to avoid things that are contrary to sharia. Second, in the photo session there were several photographers giving rules and restrictions to clients to avoid things that are contrary to sharia rules. Third, the photographer's income has met the terms and conditions based on the ijarah al-amal agreement","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"23 18","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113984147","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 : 2022-12-08DOI: 10.22373/dusturiyah.v12i2.13028
Khalil Al Farahidy
As Syātiby is known as the father of Sharia maqāṣid science. This is because of what he wrote in his book Al-Muwāfaqāt. He outlined the concept of Allāh's intent and purpose in implementing the Shari'a. And what he put in his book can be easily understood by his readers, because it is written in neat and orderly divisions. He divided the discussion of objectives into two discussions. The first is Maqāshid Syari' or Allāh in establishing the Shari'a, namely for the good of mankind, and the second is Maqāshid Mukallaf or servant who must be in accordance with and not contradict Maqāṣid Syari'.
{"title":"Konsep Maqāshid SyariaThe Concept of Maqāshid Syariah As-Syāṭiby in the Book Al Muwāfaqāth As-Syāṭiby Dalam Buku Al Muwāfaqāt","authors":"Khalil Al Farahidy","doi":"10.22373/dusturiyah.v12i2.13028","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.13028","url":null,"abstract":"As Syātiby is known as the father of Sharia maqāṣid science. This is because of what he wrote in his book Al-Muwāfaqāt. He outlined the concept of Allāh's intent and purpose in implementing the Shari'a. And what he put in his book can be easily understood by his readers, because it is written in neat and orderly divisions. He divided the discussion of objectives into two discussions. The first is Maqāshid Syari' or Allāh in establishing the Shari'a, namely for the good of mankind, and the second is Maqāshid Mukallaf or servant who must be in accordance with and not contradict Maqāṣid Syari'.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131069878","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 : 2022-06-12DOI: 10.22373/dusturiyah.v12i1.13270
Saifuddin Sa'dan, Fadli Ibrahim
Friday prayer is one of the obligations carried out by Muslims on every Friday. The implementation was carried out in a place known as a mosque. Friday prayers are considered valid if they meet the criteria set by the scholars based on what has been done by the Prophet Muhammad. One of the conditions for a valid Friday is the presence of a congregation of at least forty people. This opinion is held by the Shafi'iyyah. They require the validity of Friday with a congregation of at least forty people. They based it on the actions of the Prophet. (hadith fi'lī) who performed the first Friday with forty people, so that the hadith was used as a proof for the validity of Friday by a minimum congregation of forty people. Therefore, the question arises, how can the epistemology of the fi'lī hadith be used as a mandatory law maker? This is because the fi'l hadith is usually only applied to recommended laws (circumcision). After further investigation, it was found that the Shafi'iyyah made the fi'lī hadith of the Prophet SAW. Those who performed Friday prayers with the number of worshipers at Friday prayers were forty people using the rule that the Prophet's actions were an explanation of the procedures for the Friday prayers themselves, so that the procedures were performed by the Prophet. be mandatory too. In addition, there is no qawl hadith that provides a different explanation from the fi'lī hadith. Therefore, making the fi'lī hadith as a proof for the validity of a worship is considered permissible as long as there are no other arguments against it. The Shafi'iyyah circles make forty as the minimum number of worshipers at a Friday prayer, so Friday is considered invalid if the number of worshipers is less than forty people.
{"title":"EPISTEMOLOGY OF THE FI'L HADITH AS A PROPOSAL AGAINST MINIMUM NUMBER OF FRIDAY CONCLUSIONS","authors":"Saifuddin Sa'dan, Fadli Ibrahim","doi":"10.22373/dusturiyah.v12i1.13270","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.13270","url":null,"abstract":"Friday prayer is one of the obligations carried out by Muslims on every Friday. The implementation was carried out in a place known as a mosque. Friday prayers are considered valid if they meet the criteria set by the scholars based on what has been done by the Prophet Muhammad. One of the conditions for a valid Friday is the presence of a congregation of at least forty people. This opinion is held by the Shafi'iyyah. They require the validity of Friday with a congregation of at least forty people. They based it on the actions of the Prophet. (hadith fi'lī) who performed the first Friday with forty people, so that the hadith was used as a proof for the validity of Friday by a minimum congregation of forty people. Therefore, the question arises, how can the epistemology of the fi'lī hadith be used as a mandatory law maker? This is because the fi'l hadith is usually only applied to recommended laws (circumcision). After further investigation, it was found that the Shafi'iyyah made the fi'lī hadith of the Prophet SAW. Those who performed Friday prayers with the number of worshipers at Friday prayers were forty people using the rule that the Prophet's actions were an explanation of the procedures for the Friday prayers themselves, so that the procedures were performed by the Prophet. be mandatory too. In addition, there is no qawl hadith that provides a different explanation from the fi'lī hadith. Therefore, making the fi'lī hadith as a proof for the validity of a worship is considered permissible as long as there are no other arguments against it. The Shafi'iyyah circles make forty as the minimum number of worshipers at a Friday prayer, so Friday is considered invalid if the number of worshipers is less than forty people.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129458576","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 : 2022-06-12DOI: 10.22373/dusturiyah.v12i1.12371
Husni Jalil, Bukhari Ali, Alek Saputra
ABSTRACT Based on waqf regulations in Indonesia, Nazhir waqf is entitled to receive guidance from the government (central Ministry of Religion, Regional Office of the Ministry of Religion, Regency/City Ministry of Religion and KUA) and the Indonesian Waqf Board. However, the waqf regulations in Indonesia do not regulate the pattern of development. This study examines how the pattern of coaching Nazhir in the city of Banda Aceh. The method used in this research is a qualitative method that is a field study or empirical and the focus of the study is the role of the government in fostering Nazhir in the city of Banda Aceh. The results of the study show that the pattern of Nazhir's development in the city of Banda Aceh is a formal and informal pattern. Formal patterns such as seminars, workshops and training. Meanwhile, informal patterns such as at the time of sermons, religious lectures, at the momentum of the handover of Nazhir's decree, the participants were very limited and attended by participants other than Nazhir waqf.
{"title":"PATTERN OF NAZHIR WAKF DEVELOPMENT IN THE CITY OF BANDA ACEH","authors":"Husni Jalil, Bukhari Ali, Alek Saputra","doi":"10.22373/dusturiyah.v12i1.12371","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12371","url":null,"abstract":"ABSTRACT Based on waqf regulations in Indonesia, Nazhir waqf is entitled to receive guidance from the government (central Ministry of Religion, Regional Office of the Ministry of Religion, Regency/City Ministry of Religion and KUA) and the Indonesian Waqf Board. However, the waqf regulations in Indonesia do not regulate the pattern of development. This study examines how the pattern of coaching Nazhir in the city of Banda Aceh. The method used in this research is a qualitative method that is a field study or empirical and the focus of the study is the role of the government in fostering Nazhir in the city of Banda Aceh. The results of the study show that the pattern of Nazhir's development in the city of Banda Aceh is a formal and informal pattern. Formal patterns such as seminars, workshops and training. Meanwhile, informal patterns such as at the time of sermons, religious lectures, at the momentum of the handover of Nazhir's decree, the participants were very limited and attended by participants other than Nazhir waqf.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126371189","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 : 2022-06-12DOI: 10.22373/dusturiyah.v12i1.12295
Ida Friatna, Muhammad Riza, Azka Amalia Jihad
The mode of trading transactions continues to develop day by day, one of which is the presence of trading transactions through electronic systems. Sellers and buyers no longer need to meet face to face to carry out buying and selling transactions, but can be created remotely and form agreements using electronic media. The Indonesian government has issued special regulations governing trade transactions through this electronic system, namely Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, and the rules regarding electronic contracts are contained in articles 50 to 57. This study aims to find out how the regulations regarding electronic contracts in PP No. 80 of 2019 and the view of Islamic law on electronic contracts. The type of research used is library research, with the primary sources of this research being Government Regulation Number 80 of 2019, the Civil Code, and fiqh books. While secondary sources include writings on electronic contracts in the form of books, journals, and other writings related to electronic contracts. The result of this research is that electronic contracts in PP No. 80 of 2019 are created when the parties mutually agree to carry out trading transactions using an electronic system. Regarding the mechanism of the contract itself, it is left to the parties to determine what kind of contract they want. Electronic contracts in muamalah contracts as regulated in PP No. 80 of 2019 from the perspective of Islamic law is legal and permissible, in accordance with fiqhiyah rules, namely the law of origin of muamalah is permissible (al-ibahah) as long as there is no evidence that prohibits it. Electronic contracts, in this case, are legal and permissible according to Islam as long as they fulfill the pillars and conditions of the contract (akad) and there are no elements that are invalidated and damaged by it such as fraud, coercion, usury and etc.
{"title":"ANALYSIS OF ISLAMIC LAW ON ELECTRONIC CONTRACTS BASED ON GOVERNMENT REGULATION NUMBER 80 OF 2019 CONCERNING TRADE THROUGH ELECTRONIC SYSTEMS","authors":"Ida Friatna, Muhammad Riza, Azka Amalia Jihad","doi":"10.22373/dusturiyah.v12i1.12295","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12295","url":null,"abstract":"The mode of trading transactions continues to develop day by day, one of which is the presence of trading transactions through electronic systems. Sellers and buyers no longer need to meet face to face to carry out buying and selling transactions, but can be created remotely and form agreements using electronic media. The Indonesian government has issued special regulations governing trade transactions through this electronic system, namely Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, and the rules regarding electronic contracts are contained in articles 50 to 57. This study aims to find out how the regulations regarding electronic contracts in PP No. 80 of 2019 and the view of Islamic law on electronic contracts. The type of research used is library research, with the primary sources of this research being Government Regulation Number 80 of 2019, the Civil Code, and fiqh books. While secondary sources include writings on electronic contracts in the form of books, journals, and other writings related to electronic contracts. The result of this research is that electronic contracts in PP No. 80 of 2019 are created when the parties mutually agree to carry out trading transactions using an electronic system. Regarding the mechanism of the contract itself, it is left to the parties to determine what kind of contract they want. Electronic contracts in muamalah contracts as regulated in PP No. 80 of 2019 from the perspective of Islamic law is legal and permissible, in accordance with fiqhiyah rules, namely the law of origin of muamalah is permissible (al-ibahah) as long as there is no evidence that prohibits it. Electronic contracts, in this case, are legal and permissible according to Islam as long as they fulfill the pillars and conditions of the contract (akad) and there are no elements that are invalidated and damaged by it such as fraud, coercion, usury and etc.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124143915","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 : 2022-06-12DOI: 10.22373/dusturiyah.v12i1.12269
B. Munir, Yenny Sri Wahyuni, Teuku Awis Aulia
The issue of citizen became the hot news on sosial meda country in Indonesian. On February 1 2020, the National Counter terrorism Agency exchanged international intelligence information with countries in the Middle East and got around 600 Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria (ISIS). This polemic has become a hot topic of discussion among the government and the people of Indonesia about the fate of Indonesian citizens (WNI) whether they can be returned to their homeland or left alone in shelter camps in Syria. The formulation of the problem studied in this journal is to describe the views or opinion of Indonesian law on the concept of citizenship and explain the views of Indonesian law (law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism) and Islamic law (Opinions of Imam Malik and Imam Syafii) concerning the repatriation of Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria to Indonesia. In this study, the authors use normative research methods by conducting library research through the process of reading, researching, and reviewing ongoing discussions with this research. The results of this study indicate that in Indonesian law, referring to Law No. 5 of 2018, they must be repatriation to Indonnesia because they are the responsibility of the state in accordance with articles 43b, 43b, and 43d. whereas in Islamic law there is caution by asking them if they want to go back and repent for their actions, if they obey they can be repatriation to Indonesia, if not they are fought. and the decision will ultimately be left to the government about their fate.
{"title":"COMPARATIVE LAW REPATRIATION INDONESIAN CITIZEN EX FOEIGN ISLAMIC STATE IRAQ AND SYIRIA ABOUT INDONESIA LAW AND ISLAMIC LAW","authors":"B. Munir, Yenny Sri Wahyuni, Teuku Awis Aulia","doi":"10.22373/dusturiyah.v12i1.12269","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12269","url":null,"abstract":"The issue of citizen became the hot news on sosial meda country in Indonesian. On February 1 2020, the National Counter terrorism Agency exchanged international intelligence information with countries in the Middle East and got around 600 Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria (ISIS). This polemic has become a hot topic of discussion among the government and the people of Indonesia about the fate of Indonesian citizens (WNI) whether they can be returned to their homeland or left alone in shelter camps in Syria. The formulation of the problem studied in this journal is to describe the views or opinion of Indonesian law on the concept of citizenship and explain the views of Indonesian law (law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism) and Islamic law (Opinions of Imam Malik and Imam Syafii) concerning the repatriation of Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria to Indonesia. In this study, the authors use normative research methods by conducting library research through the process of reading, researching, and reviewing ongoing discussions with this research. The results of this study indicate that in Indonesian law, referring to Law No. 5 of 2018, they must be repatriation to Indonnesia because they are the responsibility of the state in accordance with articles 43b, 43b, and 43d. whereas in Islamic law there is caution by asking them if they want to go back and repent for their actions, if they obey they can be repatriation to Indonesia, if not they are fought. and the decision will ultimately be left to the government about their fate.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"256 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114454620","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 : 2022-06-12DOI: 10.22373/dusturiyah.v12i1.12281
Mudfar Alianur, N. Nurlaila, A. Alena
Law No. 12 of 1995 article 14 (1) concerning correction which in Letter (d) states that prisioners receive healt services and proper food. Inadequate health services are one of the impacts that can be felt by the inmates of the class II B Takengon Prison, which affect prisoners’ health. In this study, the author discussed the way on how prosiners’ health has been implemented in class II B Takengon prison. This study used an empirical legal research method which tried to explain fact in the field through interviews or direct observation. This study aimed to find out how the implementations of health services for inmates in Class II B Takengon Prison. The result showed that the implementation of health services for the inmates in the Class II B Takengon Prison is not optimal due to the lack of healthcare workers such as dentists and slow process of fund disbursement which affects the limitation of medicine availability as well as inadequate health facilities. It can be concluded that the implementation of health services for inmates in the Class II B Takengon is not optimal and the facilities is inadequate. The researcher suggests that Takengon prison should improve health services and add more health facilities.
1995年第12号法关于矫正的第14(1)条，其中(d)项规定囚犯应得到保健服务和适当的食物。卫生服务不足是Takengon II B类监狱囚犯可以感受到的影响之一，这影响到囚犯的健康。在本研究中，笔者探讨了如何在Takengon乙级监狱实施罪犯的健康。本研究采用实证法律研究方法，试图通过访谈或直接观察来解释现场事实。本研究旨在了解Takengon乙级监狱囚犯健康服务的实施情况。结果显示，由于缺乏牙医等卫生保健工作者，以及资金支付过程缓慢，影响了药品供应的限制以及卫生设施的不足，Takengon II B类监狱囚犯的卫生服务实施并不理想。可以得出的结论是，二级B类Takengon囚犯保健服务的实施并不理想，设施不足。该研究人员建议，Takengon监狱应该改善卫生服务，增加更多的卫生设施。
{"title":"IMPLEMENTASI PELAYANAN KESEHATAN WARGA BINAAN DI RUTAN KELAS II B TAKENGON","authors":"Mudfar Alianur, N. Nurlaila, A. Alena","doi":"10.22373/dusturiyah.v12i1.12281","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12281","url":null,"abstract":"Law No. 12 of 1995 article 14 (1) concerning correction which in Letter (d) states that prisioners receive healt services and proper food. Inadequate health services are one of the impacts that can be felt by the inmates of the class II B Takengon Prison, which affect prisoners’ health. In this study, the author discussed the way on how prosiners’ health has been implemented in class II B Takengon prison. This study used an empirical legal research method which tried to explain fact in the field through interviews or direct observation. This study aimed to find out how the implementations of health services for inmates in Class II B Takengon Prison. The result showed that the implementation of health services for the inmates in the Class II B Takengon Prison is not optimal due to the lack of healthcare workers such as dentists and slow process of fund disbursement which affects the limitation of medicine availability as well as inadequate health facilities. It can be concluded that the implementation of health services for inmates in the Class II B Takengon is not optimal and the facilities is inadequate. The researcher suggests that Takengon prison should improve health services and add more health facilities.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122153806","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 : 2022-06-12DOI: 10.22373/dusturiyah.v12i1.12878
Muhammad Yusuf
For every Muslim, carrying out all the teachings of Islam in his life is an obligation. Among the aspects contained in Islamic teachings, one of which is related to law which has several parts. Among these sections there are certain parts of the law that cannot be implemented by the Muslim community without the involvement of the authorities, especially in this study is part of the jinayah law. However, in the application of the law of jinayah, there are many polemics in society, especially among non-Muslims because the law of jinayah is considered severe and what is regulated in the law of jinayah has different perspectives/judgments among them. This is one of the considerations that the government finds it difficult to accept the proposal for the implementation of the law of jinayah in Indonesian society. This study tries to see how the relationship between law and the state and how the obligations of the ruler in the implementation of Islamic law in Muslim society. This study aims to see the extent of the obligations of Muslim rulers in implementing Islamic law for their people or citizens and to also see the special character of the law of jinayah related to its implementation. The method used in this research is qualitative with a normative juridical approach.
{"title":"STATE AND RESPONSIBILITY FOR IMPLEMENTATION OF ISLAMIC LAW","authors":"Muhammad Yusuf","doi":"10.22373/dusturiyah.v12i1.12878","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12878","url":null,"abstract":"For every Muslim, carrying out all the teachings of Islam in his life is an obligation. Among the aspects contained in Islamic teachings, one of which is related to law which has several parts. Among these sections there are certain parts of the law that cannot be implemented by the Muslim community without the involvement of the authorities, especially in this study is part of the jinayah law. However, in the application of the law of jinayah, there are many polemics in society, especially among non-Muslims because the law of jinayah is considered severe and what is regulated in the law of jinayah has different perspectives/judgments among them. This is one of the considerations that the government finds it difficult to accept the proposal for the implementation of the law of jinayah in Indonesian society. This study tries to see how the relationship between law and the state and how the obligations of the ruler in the implementation of Islamic law in Muslim society. This study aims to see the extent of the obligations of Muslim rulers in implementing Islamic law for their people or citizens and to also see the special character of the law of jinayah related to its implementation. The method used in this research is qualitative with a normative juridical approach.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114987485","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 : 2021-12-30DOI: 10.22373/dusturiyah.v11i2.11901
Ridwan Nurdin, Rita Purnamasari, Faisal Fauzan
The Employment Social Security Administration (BPJS) is the responsibility and obligation of the State that focuses on social security and labor protection in Indonesia to provide socio-economic protection to the community by organizing Work Accident Insurance (JKK), Death Insurance (JKM), Old Age Security programs (JHT), and Retirement. In accordance with the state's financial capacity. With the existence of BPJS for Employment, it is proper to help workers who are at risk and get the compensation or services that should be obtained. In this case the Gampong apparatus is required to become a participant of BPJS Employment in accordance with the Gampong's financial capacity. Riseh Tunong Village apparatus, Sawang District, North Aceh Regency, participated in two social security programs, namely the JKK and JKM programs. The contribution is calculated based on the percentage of wages/salaries per month, representatives from the Gampong apparatus will pay all other village equipment fees to the Lhokseumawe BPJS Employment office, the contributions are taken from the Gampong Revenue and Expenditure Budget (APBG). The purpose of this study was to determine the system of agreement and BPJS employment insurance benefits for the Gampong Riseh Tunong apparatus, Sawang District, North Aceh Regency. And to find out the review of the kafalah contract in the insurance agreement on BPJS employment on the Riseh Tunong Village apparatus, Sawang District, North Aceh Regency. This research is qualitative with descriptive analysis research type, namely the author uses field research methods and library research methods. The results of the study show that the substance of BPJS Employment is the same as conventional insurance. This is because there are two things that are not in accordance with sharia in the scheme that occurs in BPJS Employment, namely the element of transfer of risk (uncertainty) and interest-bearing loans in the determination of contributions.
就业社会保障局(BPJS)是印尼国家的责任和义务，其重点是社会保障和劳动保护，通过组织工伤保险(JKK)、死亡保险(JKM)、老年保障计划(JHT)和退休，为社区提供社会经济保护。按照国家财政能力。有了BPJS for Employment的存在，帮助有风险的工人获得应有的补偿或服务是恰当的。在这种情况下，甘榜机构必须根据甘榜的财政能力成为BPJS就业的参与者。北亚齐省萨旺县里塞图农村参与了两个社会保障项目，即JKK和JKM项目。捐款是根据每月工资/薪金的百分比计算的，甘榜设备的代表将向Lhokseumawe BPJS就业办公室支付所有其他村庄设备费用，捐款来自甘榜收入和支出预算(APBG)。本研究的目的是确定协议制度和BPJS就业保险福利的甘蓬里塞图农机构，萨旺区，北亚齐县。并对北亚齐县萨旺区里塞图农村器械的BPJS就业保险协议中的kafalah合同进行审查。本研究是定性的描述性分析研究类型，即作者采用实地调研方法和图书馆调研方法。研究结果表明，BPJS就业的实质与传统保险相同。这是因为在BPJS就业方案中有两件事不符合伊斯兰教法，即风险转移因素(不确定性)和确定缴款时的计息贷款。
{"title":"GAMPONG EMPLOYMENT INSURANCE AGREEMENT REVIEW ACCORDING TO KAFALAH AGREEMENT (Case Study of Riseh Tunong Village, Sawang District North Aceh Regency)","authors":"Ridwan Nurdin, Rita Purnamasari, Faisal Fauzan","doi":"10.22373/dusturiyah.v11i2.11901","DOIUrl":"https://doi.org/10.22373/dusturiyah.v11i2.11901","url":null,"abstract":"The Employment Social Security Administration (BPJS) is the responsibility and obligation of the State that focuses on social security and labor protection in Indonesia to provide socio-economic protection to the community by organizing Work Accident Insurance (JKK), Death Insurance (JKM), Old Age Security programs (JHT), and Retirement. In accordance with the state's financial capacity. With the existence of BPJS for Employment, it is proper to help workers who are at risk and get the compensation or services that should be obtained. In this case the Gampong apparatus is required to become a participant of BPJS Employment in accordance with the Gampong's financial capacity. Riseh Tunong Village apparatus, Sawang District, North Aceh Regency, participated in two social security programs, namely the JKK and JKM programs. The contribution is calculated based on the percentage of wages/salaries per month, representatives from the Gampong apparatus will pay all other village equipment fees to the Lhokseumawe BPJS Employment office, the contributions are taken from the Gampong Revenue and Expenditure Budget (APBG). The purpose of this study was to determine the system of agreement and BPJS employment insurance benefits for the Gampong Riseh Tunong apparatus, Sawang District, North Aceh Regency. And to find out the review of the kafalah contract in the insurance agreement on BPJS employment on the Riseh Tunong Village apparatus, Sawang District, North Aceh Regency. This research is qualitative with descriptive analysis research type, namely the author uses field research methods and library research methods. The results of the study show that the substance of BPJS Employment is the same as conventional insurance. This is because there are two things that are not in accordance with sharia in the scheme that occurs in BPJS Employment, namely the element of transfer of risk (uncertainty) and interest-bearing loans in the determination of contributions.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128157492","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 : 2021-12-30DOI: 10.22373/dusturiyah.v11i2.8617
Ade Nidya Fernanda, Muhammad Siddiq Armia, Rispalman Risfalman
Dropshipping is a form of online buying and selling in which business actors act as intermediaries between genuine sellers (suppliers) and consumers. Shoe dropshippers in Syiah Kuala District do not stock goods and do not take care of shipments so they do not know the actual condition of the goods. Sometimes in online buying and selling like this there is a risk in the form of defects/damage to goods, shipping errors, etc. so a warranty system is needed to protect both parties from loss or disputes at a later date. The problem in this research is what is the form of return guarantee in the sale and purchase agreement of shoes in Syiah Kuala District by dropship and how is the khiyār review of the terms of the return guarantee form of dropship shoe purchase. In this study the authors used a sociolegal approach with descriptive analysis research methods based on data obtained from interviews. The result of this research is the guarantee provided by the dropshipper in the Syiah Kuala District in the form of exchanging goods (returns) and a refund (refund) for 3x24 hours with certain terms and conditions. In the concept of fiqh muamalah, the return guarantee has relevance to the khiyār requirement, because the dropshipper provides an option for returns within a certain time in order to guarantee the willingness of the parties. The provision of 3 days is in accordance with the terms of the khiyār time according to the terms of the fuqaha. The difference lies in the form of guarantee provided, in khiyār the terms of sale and purchase can be canceled if there is consumer defect or dissatisfaction, while the return guarantee by most dropshippers only provides exchange of goods, which shows that the sale and purchase cannot be canceled.
直销是一种在线购买和销售的形式，其中商业参与者充当真正的卖家(供应商)和消费者之间的中介。在西亚瓜拉区的鞋业托运人不储存货物，也不照顾货物，所以他们不知道货物的实际状况。有时候像这样的网上买卖存在商品缺陷/损坏、运输错误等风险，所以需要一个保证系统来保护双方在以后的日期免受损失或纠纷。本研究的问题是，在Syiah Kuala District以dropship购买鞋子的买卖协议中，退货保证的形式是什么，以及khiyār是如何审核dropship购买鞋子的退货保证形式的条款。在这项研究中，作者使用了社会法律方法和描述性分析研究方法，基于从访谈中获得的数据。这项研究的结果是由Syiah Kuala District的托运人以交换货物(退货)和退款(退款)的形式提供保证，并具有一定的条款和条件，为期3x24小时。在fiqh muamalah概念中，退货保证与khiyār要求相关，因为托运人提供了在一定时间内退货的选择，以保证各方的意愿。3天的规定是按照khiyār的条款时间根据福卡哈的条款。不同之处在于所提供的保证形式，在khiyār的买卖条款中，如果消费者有缺陷或不满意，可以取消，而大多数托运人的退货保证只提供换货，这表明买卖不能取消。
{"title":"THE IMPLEMENTATION OF KHIYAR SYARAT ON TRANSACTION OF SHOES BY DROPSHIP SYSTEM IN THE CITY OF BANDA ACEH (A Study Case of Dropshipper in Syiah Kuala Sub-District)","authors":"Ade Nidya Fernanda, Muhammad Siddiq Armia, Rispalman Risfalman","doi":"10.22373/dusturiyah.v11i2.8617","DOIUrl":"https://doi.org/10.22373/dusturiyah.v11i2.8617","url":null,"abstract":"Dropshipping is a form of online buying and selling in which business actors act as intermediaries between genuine sellers (suppliers) and consumers. Shoe dropshippers in Syiah Kuala District do not stock goods and do not take care of shipments so they do not know the actual condition of the goods. Sometimes in online buying and selling like this there is a risk in the form of defects/damage to goods, shipping errors, etc. so a warranty system is needed to protect both parties from loss or disputes at a later date. The problem in this research is what is the form of return guarantee in the sale and purchase agreement of shoes in Syiah Kuala District by dropship and how is the khiyār review of the terms of the return guarantee form of dropship shoe purchase. In this study the authors used a sociolegal approach with descriptive analysis research methods based on data obtained from interviews. The result of this research is the guarantee provided by the dropshipper in the Syiah Kuala District in the form of exchanging goods (returns) and a refund (refund) for 3x24 hours with certain terms and conditions. In the concept of fiqh muamalah, the return guarantee has relevance to the khiyār requirement, because the dropshipper provides an option for returns within a certain time in order to guarantee the willingness of the parties. The provision of 3 days is in accordance with the terms of the khiyār time according to the terms of the fuqaha. The difference lies in the form of guarantee provided, in khiyār the terms of sale and purchase can be canceled if there is consumer defect or dissatisfaction, while the return guarantee by most dropshippers only provides exchange of goods, which shows that the sale and purchase cannot be canceled.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122652296","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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