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Budi Juliandi
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Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN HUKUM ISLAM DI ACEH TAMIANG: BERDAMAI DENGAN SYARIAT DALAM PLURALITAS SANKSI KHALWAT Fakhrurrazi dan; Budi Juliandi
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.4

Abstract

This study explained that Qanun No. 9/2008 of 18 cases were resolved through “village justice” or in accordance with adat (one of which was the case of khalwat) indicated that there wasn’t an explicit command of Aceh government to people in handing over the offence Qanun No. 14/2003 of khalwat to court (Mahkamah Syariah). In addition, Qanun No. 9/2008 indicated that Aceh government could do nothing to resolve the offences like khalwat through court (Mahkamah Syariah). The fact that there was no single (plural) jurisdictional authority encouraged people in looking for favorable rules. The number of khalwat offences weren’t resolved by Mahkamah Syariah by the cane (cambuk), but through traditional institutions by a variety of fine custom, asserting such this assumption. This study asserted Daniel S Lev’s point of view that Islamic law was never been accepted by unanimous anywhere. Islamic law was often modified to suit the local values, accepted, and regarded as Islamic law which derived its validity from the scholars or religious authority. This study also asserted the institutional theory of Gresham which said that a formal process tended to be avoided in order to resolve the dispute through a process which is more family-oriented and more accommodating. This study also criticized the opinion of Alyasa Abu Bakr said, that the completion of seclusion cases through traditional mechanisms will strengthen the enforcement of Islamic law. Instead, this paper put forward the argument that the resolution of these cases through traditional mechanisms seclusion will weaken the enforcement of Islamic law. Keywords: legal pluralism, fine custom, cane, khalwat
WAKAF DAN POLITIK DI TUNISIA Budi Juliandi
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.52

Abstract

Tunisia State, by many experts is considered the most progressive, liberal and radical from Muslim countries in its concern for the women's rights issues, and its consistency in banning the polygamy (family law). However, the progression of Tunisia in the family law field, it turn out do not accompanied by its progress in the Islamic economics field, especially in development of waqf. In this regard, Tunisia most underdeveloped compared to other Muslim countries in the field of endowments, such as Saudi Arabia, Egypt, Pakistan, Bangladesh, Sri Lanka, Jordan, Brunei, Malaysia, and Indonesia, although about 19th century, the contribution of land endowments of Tunisia in 1883, has ever reached 1/3 of the entire ownership of land. To date, Tunisia have not institutions and laws governing the endowments. The transition government today (2011-2014), just preparing Draft of Law on endowments in November 2013. However, to date the Regional Representative House of Tunisia has not ratified it. Key words: Endowments, law politic, Tunisia
Top-Up Individual Services On Fund Applications In Kota Langsa (Comparative Study Of Shafi`Iyyah And Malikiyyah) Firdaus, Muhammad; Budi Juliandi; Nadia Ayuna
Jurnal Investasi Islam Vol 8 No 2 (2023): Jurnal Investasi Islam
Publisher : FEBI IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jii.v8i2.7587

Abstract

The use of digital money (e-money) is very common around us. It can be seen that many individual top-up services can make it easier for us to exchange cash for digital money, in this case, the author uses the DANA digital wallet as the object of research. This study aims to determine whether the mechanism for the top-up of individual services on the application of funds is by the sharf contract and the views of Syafi`iyyah and Malikiyyah on sharf transactions that are late or not cash. In this research, the writer uses the juridical-empirical research method. Based on interview data obtained from individual service top-up transactions, there are obstacles in terms of the network that can make top-up transactions require a waiting time of 2x24 working hours, from the analysis according to Syafi`iyyah and Malikiyyah, sharf transaction contracts must occur in cash, but Syafi` iyyah allows sharf transactions to occur slowly as long as the buyer and seller do not separate, on the contrary Malikiyyah requires sharf transactions to occur quickly even though the two are not separated, the transaction must be completed as quickly as possible.
Co-Authors Fakhrurrazi dan Muhammad Firdaus Nadia Ayuna