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Axiological Harmonization of Sharia Economic Law Supremacy and DSN-MUI Fatwa in Indonesia Moh. Asep Zakariya Ansori; Royani; Mugni Muhit; Irvan Hilmi; Mohamad Anton Athoillah
AL-MASHALIH (Journal of Islamic Law) Vol. 4 No. 2 (2023): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v4i2.215

Abstract

This study aims to upgrade the position of the Compilation of Sharia Economic Law (KHES) and Fatwa DSN-MUI to become a law. This is because it is very urgent to immediately publish the draft to be ratified. Because KHES and DSN-MUI Fatwa are special rules that regulate the operational system and dispute resolution of Islamic economics, apparently its position is very strategic in the scope of Islamic economics. In addition to the urgency of the position of KHES and Fatwa of the National Sharia Council, it also contains weaknesses in the existence of National law. This is because its existence is not a source of law that has the legality of national law. As Law No. 12 of 2011 concerning the Formation of Legislation, does not mention fatwa as part of the legal basis in this country, Fatwa is just an opinion or advice conveyed by Islamic law experts who are members of an organization. The Fatwa of the National Sharia Council contributed to the birth of the Compilation of Sharia Economic Law. This is certainly a breakthrough related to the legality of sharia economic law. However, the existence of KHES is a reference for Religious Court Judges as a settlement of disputes, but KHES is not in the form of a law, in fact it is only a PERMA, and this certainly affects the legal force of national legislation. Therefore, to harmonize and formulate the National Sharia Council Fatwa into KHES and raise the status of KHES to become a law is important.
MUAMALAH MALIYAH DALAM PERSPEKTIF GENDER Royani
MUWAZAH : jurnal kajian gender Vol 7 No 1 (2015)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/muwazah.v7i1.9063

Abstract

The muamalah maliyah in the Islamic law is the important think for the Moslem to teaching it, because every one is practicing it. The basic principle on the Islamic law is that a muslimah women or a wife should remain at home, and not go out except for necessary purposes, she is no allowed to work outside her house. It is like Al Quran says in surah Al Ahzab : 33 and this is addressed to the wives of the prophet Muhammad (peace and blessings of Allah be upon him). The Arabian women different between the Indonesian women, on the other situation is permissible for a women to go out of her house for work, but that is subject to certain conditions. That she needs to work in order to acquire the money she needs, the work should be suited to the nature women, such as a medicine, nursing, teaching, and so on, in the work she should observe complete shar’i hijab.