Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Nilai-Nilai Maqasid Syariah dalam Fungsi Keluarga di Tengah Pandemi Covid-19

Athoillah Islamy — 2021-08-28

This study intends to explore strategies for inculcating maqasid shariah values in family functions in the midst of the Covid 19 pandemic. This qualitative research is in the form of a literature study. This type of research is a conceptual research with a philosophical normative approach. The analytical theory used is the contemporary maqasid shariah theory which was coined by Jasser Auda. The results of the study show that efforts to instill maqasid shariah values in responding to the Covid-19 pandemic can be manifested in various family functions. First, objectification of the value of hifz din and hifz 'aql in religious functions in the form of inculcating the values of faith and tawakkal accompanied by a rationality basis of reason based on science (science). Second, the objectification of the value of the hifz nafs in socio-cultural and loving functions in the form of habituation of a clean lifestyle and upholding mutual love. Third, the objectification of the value of the hifz nasl in reproductive function is in the form of an emphasis on maintaining the immune system by consuming various types of food that are full of nutrition, nutrition, and also do not forget to exercise regularly. Fourth, the objectification of the value of hifz maal in the economic function is the cultivation of an iqtisad (frugal) lifestyle.

Tinjauan Filosofis terhadap Perubahan Batas Usia Perkawinan dalam Undang-Undang Nomor 16 Tahun 2019 tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan

eficandra — 2021-08-28

This article examines changes in the marriage age limit for women in Indonesia, from sixteen to nineteen years. This change was made through Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This study examines how the philosophical review of changes in the age limit for marriage is in the health, sociological, psychological, educational, and constitutional aspects. For this purpose, this study uses the library research method. The primary data source is Law Number 16 of 2019, while secondary data is the academic text of Draft Law Number 16 of 2019. This study shows that, firstly, in terms of health, changing the age limit for marriage maintains the safety of girls’ lives. Second, on the sociological aspect, this change provides opportunities for women to prepare themselves to enter social interaction in society. Third, on the psychological part, this change protects women’s psyche, mentality, and mind. Fourth, in education, this change is to provide opportunities for women to be freer to study. Fifth, on the constitutional aspect, this change provides equal rights for men and women in obtaining legal protection and justice.

Akad Murabahah di Lembaga Keuangan Syariah Perspektif Regulasi

Muhamad Izazi Nurjaman — 2021-08-28

One of the financing instruments developed by Islamic Financial Institutions (LKS) is the murabahah contract. Murabahah financing is a contract that dominates the financing process compared to other contracts. Various regulations support murabahah financing operations in LKS, such as the Fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI), the Circular Letter of the Financial Services Authority, Law Number 21 of 2008 concerning Islamic Banking and various other regulations. The number of regulations that usually regulate always found multiple problems. One of them is the overlapping regulations that make a regulated object confusing policy implementers and the public. This study aims to explain the position of the murabahah contract based on the regulations that govern it to strengthen the statement of the murabahah contract in Islamic Financial Institutions. This article is legal research that uses a juridical-normative approach. Data analysis techniques used are data reduction, data presentation, and drawing conclusions. The results of the analysis show that there are various regulations governing murabahah financing. The substance of the regulation refers to the fiqh muamalah maliyyah, which was transformed into the Fatwa of the MUI DSN. From these various regulations, there is a harmonization of regulations that are mutually complementary to each other, according to their functions. This is an indication of the harmonization that occurs between Indonesian Sharia Bank (BSI) regulations.

The Analisis Hukum Sanksi Pidana Kerja Sosial (Community Service Order) dalam Perspektif Hukum Islam

alhusni husni — 2021-08-28

Discourse on renewal of the draft law on the criminal code (RUU-KUHP) has long been discussed. One of the newest aspects studied is about criminal social work or community service orders. This idea was born because prison sentences in Indonesia have not had a positive impact on convicts. Not to mention the issue of over-capacity of prisons that caused prison chaos until the operational costs of the prison were enormous. This juridical-normative study concludes that: The social work criminal design is in accordance with the criminal law punishments. Even so far in the Criminal Code it has been known as punishment through supervision mechanisms or fines. That is, beyond the criminal sanction, there are alternatives to punishment that can be given. In contrast, in Islamic law, in fact, it is in line with the principle of criminal sanctions for social work. Where, Islam tends to avoid prison sentences. Because prisons with various patterns are more likely to have a detrimental effect on convicts than on the mashlahat side.

Tinjauan Hukum Islam terhadap Pengalihfungsian Harta Wakaf

Indah Herningrum Bahrum — 2021-08-28

This article aims to examine the law on the transfer of waqf assets. According to its provisions, waqf assets must be managed according to the objectives set by the waqf provider (wakif) at the time the property is handed over. However, in practice, it is not uncommon for waqf assets to be converted to different functions from their original purpose, giving rise to legal questions that need to be answered. In that context, this study seeks to provide answers. This study uses a literature approach by referring to the texts of the Qur'an, Hadith, the opinions of scholars contained in the books of fiqh, and positive law regarding waqf in Indonesia. The results of the study indicate that the law of origin of waqf does not allow the transfer of functions or transfers, such as being traded, made into individual property, and so on. However, in the condition that the waqf property is no longer useful due to certain factors, then it may be transferred with consideration of the principle of benefit. In fact, in the prevailing regulations in Indonesia, this transfer of function is positioned within the framework of community economic empowerment.

Asas Akad Ba’i Murabahah dalam Perspektif Perjanjian Perdata dan Hukum Islam

Neni Hardiati — 2021-08-28

This study explains the principle of the ba’i murabahah contract, which is regulated in the Civil Code, and sharia contract law regulated in the Sharia Economic Law Compilation (KHES) and the Sharia Banking Law. This research uses the juridical-normative method. The data sources of this research are primary, secondary, and tertiary legal materials. Among them are made in the form of a qualitative description of the legal materials in this study. The results of this study indicate that the preparation of the contract agreement refers to the principle of freedom of contract in the Civil Code and the principle of agreement in Islamic law as contained in the KHES and the Sharia Banking Law. And there are no raw materials in the preparation of contract agreements in the Civil Code and sharia contract law. The most important thing is that in agreeing, the parties agree as in the deal in the KHES and the sharia banking law. In carrying out a contract or agreement, one must understand what a contract is, the purpose of making a contract, the conditions for the validity of the contract, the principles of contract law, the form and characteristics of the contract, the terms and principal of the agreement, the contract law supervision system, the structure and anatomy of the agreement, the form in the contract. Dispute resolution and contract termination. So that in the making a contract agreement, the parties are given the freedom to carry out the deal. The purpose of the preparation of the contract is as evidence for the parties so that the implementation of the results no longer differs according to the contract agreement.

Penerapan Barriers to Trade Terkait Perlindungan Public Health Perspektif Hukum Perdagangan Internasional

Isna Kartika — 2021-08-28

Each country always tries to protect public health, one of which is by implementing trade barriers. Even during the current Covid-19 pandemic, many countries have imposed barriers to trade by issuing import and export restrictions and prohibitions on certain products. Trade barriers carried out by these countries certainly negatively impact supply chains during the pandemic and put countries that depend on the supply of imported goods in a difficult position in dealing with the health of their people. The WTO does not allow countries to apply barriers to trade. But on the other hand, the state is faced with the obligation to protect public health from the threat of transboundary disease transmission. This study aims to analyze the application of barriers to trade regulations related to the protection of public health from the perspective of international trade law. This type of research is doctrinal research with a legal approach. The author examines international conventions related to the problem so that it is known that the WTO allows the application of trade barriers to protect health. One of them refers to Article XX (b) of the GATT 1994. However, its implementation must comply with WTO provisions.