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CAKUPAN MAKNA MAHKUM ‘ALAIH PADA MUKALLAF DAN BADAN HUKUM DALAM ANATOMI HUKUM ISLAM. R. Fakhrurrazi; Nihayatut Tasliyah
Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Vol. 2 No. 2 (2021): Al-Hukmi : Jurnal Hukum Ekonomi Syari’ah dan Keluarga Islam
Publisher : Fakultas Syariah dan Ekonomi Islam, Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (925.6 KB) | DOI: 10.35316/alhukmi.v2i2.1780

Abstract

One of the pillars of law (arkanul hukm) in the anatomy of Islamic law is al-Mahkum alaih, namely the party who is charged with carrying out the syara' laws. Thus, those who are obliged to carry out Islamic law, carry out the law, obey the rules are mahkum alaih. Meanwhile, the scope of the meaning of mahkum alaih in classical fiqh is only focused on mukallaf. The concrete meaning of mukallaf as stated in the classical fiqh books, is a Muslim who is mature and has common sense. However, in the development of human civilization, especially in modern times, those who can take legal action and have rights and obligations, not only humans, but "legal entities" can also be in a position like humans in terms of carrying out activities as legal subjects. Experts define a legal entity as an entity that can have assets, rights and obligations like an individual. According to classical fiqh, only humans have rights and obligations and act as legal subjects (mukallaf). Meanwhile, according to modern scientists, those who can become legal subjects or mukallaf, whose actions are recognized by law, and have rights and obligations are not only humans but also legal entities. The difference between these two theories requires academics to immediately conduct research to find out the position of legal entities that can actually act as legal subjects like humans, (such as buying and selling and others) whether they can be included in the legal forum instead of the anatomy of Islamic law or not. no. Then to clarify the direction and object of this research, it will be formulated with the following questions. First, is a legal entity including the meaning of mahkum alaih in the anatomy of Islamic law?. Second, what is the difference between a mukallaf and a non-mukallaf mahkum alaih in the anatomy of Islamic law? The results of this study suggest that there are similarities between the mukallaf and legal entities in terms of being Mahkum alaih in the anatomy of arkanul hukmi. So that a legal entity has the same rights and obligations as a mukallaf person, as well as being able to think about property and assets and other things that can be interpreted by and on behalf of the legal entity itself.
TELAAH TENTANG HAK WARIS KERABAT NON-MUSLIM PERSPEKTIF MAQASHID SYARIAH AHMAD AR-RAISUNI R. Fakhrurrazi; Faiz Zainuddin; Alicia Safira Azzuri
Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Vol. 3 No. 1 (2022): Al-Hukmi : Jurnal Hukum Ekonomi Syari’ah dan Keluarga Islam
Publisher : Fakultas Syariah dan Ekonomi Islam, Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.29 KB) | DOI: 10.35316/alhukmi.v3i1.2201

Abstract

One of the discussions in inheritance law is about the causes of inheritance and its barriers. Things that can hinder inheritance include religious differences between heirs and heirs. The underlying proposition is the hadith of Osama ibn Zaid according to the narration of Bukhari Muslim. In this case there must be a fairly sharp analysis of the hadith because it cannot be denied that there are many kinship relationships that have different beliefs and there will be many benefits. Thus the formulation of the problem was born as follows: (1) What is the view of Islamic law regarding the giving and receiving of inheritance from non-Muslim relatives? and (2) What is the perspective of Ahmad ar-Raisuni's maqasid sharia regarding the giving and receiving of inheritance from non-Muslim relatives?. The purpose of this study is to describe the views of Islamic law regarding the giving and receiving of inheritance from non-Muslim relatives and to describe Ahmad ar-Raisuni's maqasid sharia perspective on the giving and receiving of inheritances from non-Muslim relatives. To answer the formulation of the problem, this study uses a type of library research (library research). The object of this research is Ahmad ar-Raisuni's maqasid sharia perspective on the giving and receiving of inheritance from non-Muslim relatives. Analysis of the data in this study used a descriptive method, namely describing and then analyzing the giving and receiving of inheritance from non-Muslim relatives from the perspective of Ahmad ar-Raisuni's sharia maqasid. The results of this study are: (1) The views of scholars regarding the giving and receiving of inheritance from non-Muslim relatives are divided into two. First, they only allow Muslims to receive inheritance from non-Muslim relatives. Second, they completely forbid either giving or receiving inheritance to non-Muslim relatives. (2) The issue of giving and receiving inheritance from non-Muslim relatives when it is associated with Ahmad ar-Raisuni's maqasid shari'a, will result in a law being allowed, taking into account the illat, arguments and benefits contained in the inheritance.
JUAL BELI BIBIT TANAMAN DENGAN SISTEM ONLINE R. Fakhrurrazi; Hanifa, Siti
Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Vol. 5 No. 1 (2024): Al-Hukmi : Jurnal Hukum Ekonomi Syari’ah dan Keluarga Islam
Publisher : Fakultas Syariah dan Ekonomi Islam, Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/alhukmi.v5i1.5524

Abstract

The development of technology has facilitated various activities, including buying and selling. With technological advancements, individuals no longer need to struggle to obtain the desired goods. One thing that makes it easier is the online buying and selling system. This includes the online sale of plant seeds, which is currently very common. The online sale of plant seeds poses many risks, such as damage and others. This research aims to reveal the mechanisms of online plant seed trading and explore the perspective of Islamic law on the mechanisms of online plant seed trading. The research data was gathered through documentation available on online plant seed trading facilities. The research results conclude that the relationship between the two parties in the salam contract agreement with the online system is the same as in traditional salam contract agreements. However, in an online salam contract, the buyer and seller do not meet face to face; they are only connected through an internet site. In practice, the seller posts various types of plant seeds on Facebook or WhatsApp, along with the seller's phone number to facilitate transactions for consumers. However, sellers face difficulties in adjusting the size of the ordered seeds in large quantities because each seed has a different size. Therefore, the seller only matches the similarity without re-measuring. From the perspective of Islamic law, the mechanism of online plant seed trading can be concluded as permissible, as long as it does not contain elements that can damage it, such as usury (riba), fraud, cheating, injustice, and others, and it must fulfill the pillars and conditions in conducting buying and selling transactions.
Model of Zakat Community Development Program on Mustahik's welfare through Sustainable Development Goals Approach Sugianto Sugianto; Mulia Anggi Wulandari; Ade Faizin; Aprielle Ego Pasha; R. Fakhrurrazi
International Journal of Management Research and Economics Vol. 3 No. 2 (2025): May : International Journal of Management Research and Economics
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/ijmre-itb.v3i2.3432

Abstract

Zakat Community Development program is an initiative of the National Amil Zakat Agency (BAZNAS) which aims to empower mustahik through an integrative village-based community approach. This research aims to analyze the implementation of zakat management model based on Zakat Community Development program, assess the impact of ZCD program on mustahik economic growth and examine the synchronization of ZCD program with the achievement of sustainable development goals (SDGs). The author uses literature study and analysis of field findings from various ZCD implementation areas through Google Scholar and Publish or Perish application to assess the quality of sources, as well as analyzing data with content analysis techniques from various relevant articles and reports. The results show that; First, the Zakat Community Development model has been implemented by BAZNAS through community-based, multi-stakeholder collaboration, multi-sector integration, and mentoring and supervision. Second, the Zakat Community Development (ZCD) program has a positive impact on the economic growth of mustahik, through Da'wah, economic, education, health, and humanitarian programs. Third, the ZCD program has conceptual meeting points with several SDGs goals, such as SDGs 1, SDGs 2 and 11, SDGs 3, SDGs 4, and SDGs 16. This means that the integration of ZCD and SDGs can strengthen the role of zakat as a strategic solution in the economic and social development of mustahik.