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All Journal Al-Manahij : Jurnal Kajian Hukum Islam Ijtimā`iyya: Journal of Muslim Society Research
Ridwan Ridwan
IAIN Purwokerto
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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God and Human Sovereignty in Islamic Political Tradition Ridwan Ridwan; Muhammad Fuad Zain
Ijtimā`iyya: Journal of Muslim Society Research Vol 5 No 1 (2020)
Publisher : Postgraduate Program, State Institute on Islamic Studies Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.052 KB) | DOI: 10.24090/ijtimaiyya.v5i1.2718

Abstract

The debate on the concept of political sovereignty leads to the question of whether sovereignty comes from God or humans. It is related to the foundation of state management and has implications for the political system. Islamic political tradition has not an authoritative text that explains sovereignty. This thesis was conducted based on the evidence of Islamic political history which did not present a concept of universal and standard sovereignty. Muslim thinkers proposed some alternative ideas of sovereignty such as nomocratic, theo-democracy and democracy. The author sees that the sovereignty concept in Islam is discussed as ijtihādiyyah (intellectual interpretation and judgment) which lead to multiple interpretations in some contemporary Muslim countries show that the sovereignty concept in Islam is dynamic and can be negotiated according to the political needs of the society.
Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online Ridwan Ridwan
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.103 KB) | DOI: 10.24090/mnh.v11i2.1294

Abstract

In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.
Co-Authors Muhammad Fuad Zain