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All Journal Journal of Islamic Economic Laws MAHAKIM: Journal of Islamic Family Law
Fuad Muhammad Zein
Institut Agama Islam Negeri Surakarta
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Insurance and Takaful Concepts: An Islamic Analysis and Offer in Life Assurance Fuad Muhammad Zein; Anisa Rosdiana Zein; Afiq Miftahurizqi Alhaq
Journal of Islamic Economic Laws Vol 4, No 2: July 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jisel.v4i2.14998

Abstract

This paper aims to provide a comparative analysis between the concept of insurance and the concept of takaful from an Islamic perspective. The method used in this paper is the study of libraries, in which the author seeks to find, summarize, analyze and ultimately deduce from various authoritative data sources. Insurance is a non-bank financial institution that offers protection against difficulties to the public. By paying dues or premiums that have been determined, the public has the right to make a claim that will be reimbursed by the insured party several funds that have also been determined. The insurer states to bear all risks that occur in the future. Therefore, all dues paid will be covered and managed by the company. However, it turns out that attitude is detrimental. Because the claim from the customer is not filed, then the customer's money is forfeited and entirely belongs to the company. In addition, the management of funds that are unclear and even almost unknown to customers makes this insurance practice illegal because it contains gharar and usury.
Reunderstanding Pemahaman Dasar Teologis Sikap Kekerasan Dalam Rumah Tangga (Telaah Isu Feminisme Hadits Laknat Allah Terhadap Istri) Fuad Muhammad Zein; Ghulam Falach
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.2 KB) | DOI: 10.30762/mahakim.v3i2.105

Abstract

The problem of gender equality in Islam often uses theological grounds to include the hadith proposition as a tool of legitimacy. Especially in the case of the household, the argument of curse in the relationship of husband and wife is used as the basis for accusations of obtaining domestic violence by the husband to the wife. As if Islam would allow a husband to wife’s violence if they were not willing to serve their sexual desires. This paper aims to answer these assumptions by analyzing the argument of the curse by using the method of critical criticism from the perspective of language or can also be called the bayani method, namely the method of analyzing the meaning of meaning in the argument of fiqh law. The result is that there is an error in understanding the meaning of the hadith caused by a weakness in understanding the meaning in Arabic which is the language of the hadith. Therefore, finally bring conclusions that are less proportional in understanding the propositions and facts. The hadith is a guide for all Muslims and there is no need for doubt in the study of hadith. The development of the modern era certainly has its own influence, especially in the scientific field of hadith. As Muslims of course we are all required to be able to fight in all fields, especially in the field of hadith science. The theoretical uptake and applied form of the Fatima Mernissi methodology of thought have created an important issue to study. His action in terms of knowledge has given rise to new problems for the hadith scientists in the field of feminism. This research aims to examine how the forms of hadiths are based on Fatima Mernissi’s ideas and thoughts. The problem of misogynist traditions is a form of contemporary research that must be discussed, especially regarding the reconstruction of understanding of misogynistic traditions. Few things are important in the study of misogynistic traditions, where the existence of this hadith has created problems for making new facts in the world of feminism. The new fact is nothing but the formation of new weapons in terminating the acceptance or rejection of the hadith. Furthermore, the discussion of this research will be accompanied by the tarjih method in order to arrive at the correct conclusions. Whether the misogynistic hadiths are hadiths that show that Islam discriminates against women or not. The purpose of this study is none other than a study for proving that misogynistic hadiths are not an expression of the hadith denied by Fatima Mernissi to the Muslims’ grip which is expressed in the Qur’an and al-Hadith.
Co-Authors Afiq Miftahurizqi Alhaq Anisa Rosdiana Zein Ghulam Falach Ghulam Falach