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All Journal Shar-E: Jurnal Kajian Ekonomi Hukum Syariah Al-Manahij : Jurnal Kajian Hukum Islam
Marwadi
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Reforming the Islamic Calendar and Religious Authority: Dynamics of Hijri Calendar Calculation in Indonesia within Persatuan Islam's Thought Marwadi; Labib, Mughni; Zain, Muhammad Fuad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i1.10574

Abstract

Differences in determining the start of Hijri calendar months, particularly Ramadan, Shawwal, and Zulhijah, remain a recurring issue in Indonesia due to the persistent divide between users of hisab (astronomical calculations) and rukyat (moon sightings), each adhering to different criteria without a shared standard. This study offers a novel examination of Persatuan Islam (Persis), a prominent Islamic organization historically aligned with hisab, which has now shifted its stance by integrating rukyat into its calculations. Using a qualitative library research approach, the study draws on documentation and interviews, analyzed through the lenses of the philosophy of science and sociology of knowledge, to understand this paradigm shift. The findings show that Persis has transitioned to a hisab cum rukyat method, a hybrid approach combining calculations with empirical observation. This methodological innovation marks a significant development in Indonesia's Hijri calendar discourse. The research highlights this evolving paradigm as a promising alternative for bridging the long-standing divide and fostering the potential unification of the Hijri calendar in Indonesia.
Prototype of Fiduciary Guarantee in Islamic Law: Study of Four Ulama Schools of Jurisprudence Perspectives Marwadi; Labib, Mughni; Muhajir
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 10 No. 2 (2024): Shar-E: Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v10i2.2894

Abstract

Fiduciary guarantees are material guarantees, which at first glance have similarities to pledge guarantees in Islamic law. This research will attempt to answer three main problems, what is the prototype of fiduciary guarantees in the thinking of scholars from the four schools of jurisprudence? What are the reasons and arguments put forward by these scholars regarding the four crucial factors related to fiduciary? Whose opinion is closer to fiduciary guarantees in Indonesia? The research results conclude that the prototype of fiduciary guarantees in Islamic economics already exists. This prototype can be seen from four crucial factors in the practice of fiduciary guarantees, namely the handover of collateral objects, control of collateral objects, use of collateral objects by the debtor and the creditor's rights if the debtor defaults when projected into the collateral. Of the four factors of fiduciary guarantees, the majority of ulama, namely Hanafiyah, Malikiyah, Syafi'iyah and Hanabilah, have the same opinion. They only differ regarding the execution of collateral if the debtor defaults. The reason they developed in relation to the four crucial factors in fiduciary guarantees is that the handover of marhun is an absolute characteristic of the existence of a rahn contract. While in control of the collateral or marhun, seeing that the marhun is rahin's property and then the control rights are transferred to the murtahin, rahin will be able to borrow the original marhun with the murtahin's permission. Including when borrowing marhun from the murtahin's custody rights, the rahin can also use the marhun with the murtahin's permission. In connection with the crucial factors that exist in the practice of fiduciary guarantees, it is the opinion of Syafi'iyah scholars that is closest to fiduciary guarantees.
Co-Authors Labib, Mughni MUHAJIR Zain, Muhammad Fuad