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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Parewa Saraq: Journal of Islamic Law and Fatwa Review
Mulham Jaki Asti
Universitas Islam Negeri Alauddin Makassar, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ISLAMIC LAW LEGISLATION IN AN EFFORT TO REFORM INDONESIA'S NATIONAL LAW Sofyan; Lomba Sultan; Achmad Musyahid; Mulham Jaki Asti
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28369

Abstract

The implementation of Islamic law in Indonesia is still in a phase of gaps and contradictions. In line with developing a national legal system, it is expected to uphold the rule of law based on justice and truth from prevailing values, culture, and community beliefs. In order to answer the related issues, this study applied a library research model based on relevant library materials in the form of books, journals, or related articles. The results of this study showed that the position of Islamic law in the legal system in Indonesia was equal to Western law and customary law as a source of national law formation. Islamic law as a legal order guided by the majority of the Indonesian Muslim society had lived and existed in the legal system of state administration through sharia-based legislation (Islamic law). However, it was undeniable that the implementation of Islamic law and the presence of sharia-based laws experienced a dilemma internally and externally, influenced by epistemological, methodological, and socio-cultural aspects of politics. In addition, the efforts to develop and foster national law integrated a legal system that was harmoniously structured and followed the needs and developments of community culture. Moreover, it provided a great opportunity to consciously place Islamic law into a complete source of national law shaded by The Five Principles and the 1945 Constitution without causing contradictory and problematic assumptions by relying on the principles of forming the people in perfect and unanimous unity. Finally, it took the middle way, could develop and move, and had the life force in forming itself according to the development and or progress of the times.
SMS Quizzes with Prizes in the Mass Media: An Analysis of the Indonesian Ulema Council Fatwa Number 9 of 2008 Fadhli Nur; Mulham Jaki Asti
PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW Vol. 1 No. 1 (2022): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v1i1.3

Abstract

This study analyzed Indonesian Ulema Council (MUI) fatwa number 9 of 2008 to explore the legality of SMS quizzes with prizes in the mass media. It aims to describe and analyze the law of SMS quizzes with prizes. The library study was adopted, which is the method of collecting data through libraries, books, reading, taking notes, and processing materials. According to the results, the MUI fatwa method in formulating the law of the SMS quizzes with prizes was based on the book of Allah and did not conflict with the benefit of the people. This is evident by the majority of the legal precedents used to formulate the law on the prohibition of these SMS quizzes with prizes referring to the Qur’an. In this case, its form is already included in the prohibited game because there was an element of gambling. When analyzed from the perspective of Uşūl Fiqh, it was included in the sadd al-żarī'ah rules. The prohibition was based on the arguments of the Qur’an, in which some verses explained the prohibition of gambling. Therefore, the decision to ban the game was an appropriate step because there were indications of gambling in the procedure, which negatively impacted society. A follow-up from the government is needed because the MUI has set prohibitions on the game, which contain gambling elements and are very detrimental to the community.
Co-Authors Achmad Musyahid Fadhli Nur Lomba Sultan Sofyan