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All Journal Jurnal Al-Dustur Jurnal Ilmiah Al-Tsarwah
Al-Ayyubi, Solahuddin
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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MAQASID AL-SHARIA IN THE DISTRIBUTION OF PROPERTY Al-Ayyubi, Solahuddin; Harnidar, Evania
Jurnal Ilmiah Al-Tsarwah Vol 6, No 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-tsarwah.v6i2.4422

Abstract

There is a prohibition of rotating property on people (Q.S. 59:7) so that the discussion of sharia maqasid on distribution becomes essential to research. This paper aims to know the definition and function of the maqasid of shari'ah in concluding the law. Second, to understand the thoughts of scholars towards maqasid shari'ah. Third, to know the implementation of the shari'ah maqasid on the distribution of property. This article uses a qualitative approach. This article is library research. The results showed that sharia maqasid is an important concept in the study of Islamic law  by paying attention in maintaining faith (din), soul (nafs), mind ('aql), progeny (nasl) and wealth (maal) for humankind. Thoughts of scholars toward sharia maqasid were the main goal (universal value) to be achieved from legal provisions both in general and in particular. Sharia maqasid on the distribution of property creates a turnover of wealth among humans fairly and evenly. Distribution of property can be done through various means including nafaqah, zakat, inheritance, will, waqf, infak, alms, qardul Hasan, feeding the poor, qurban, aqiqah, helping others, fulfilling the rights of neighbours, fulfilling guest rights and Profit, and Loss Sharing (PLS), in addition, the distribution of property can also be done through the delivery of state property to citizens who are considered in need.
MAQASID SHARIA IN TABARRU’ CONTRACT LAWS Al-Ayyubi, Solahuddin; Herindar, Evania; Perdana, Muhammad Nabhan
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.4194

Abstract

A Research related to maqasid sharia in the tabarru’ contract law had to be very seldom. With this research that examines two purposes, including, first, to determine the role of maqasid sharia in Islamic finance. Second, to determine the existence of maqasid sharia in tabarru’ contract laws. By using qualitative approach, the data for this study was obtained from relevant books, journals, and other academic materials and supporting documents. The results of this study show that there are many roles of tabarru’ contract, first, generally tabarru'at contract is reproduced considering that it contains several benefits. Second, tabarru' contract is issued voluntarily without the slightest doubt because this contract is a good deed and generosity. Third, improving the means of organizing tabarru’ contracts according to the wishes of the donors. Fourth that donations should not be used as an excuse to waste other people's money, ranging from the rights of heirs to the debts of people who are in debt. This study will contribute to the literature on maqasid sharia in tabarru’ contract laws and Islamic finance.
Co-Authors Harnidar, Evania Herindar, Evania Perdana, Muhammad Nabhan