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Andi Achmad Zulkarnaen
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Other

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Pengaruh Hukum Adat terhadap Hukum Kewarisan Islam di Indonesia Maman Suparman; Andi Achmad Zulkarnaen
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.70

Abstract

Islamic law experts since classical times have actually been aware of the problem of the influence of customary law on Islamic law. Even though they do not view custom as an independent source of law, these legal experts still recognize the effectiveness of custom in the process of legal interpretation. In the methodology of Islamic law (ushul al-fiqh), custom ('uruf/adah) is accepted as a source of law developed from the rational mind (ra'yu) in addition to qiash, ikhtihsan and istislah. In other words, customary law has a place in Islamic law as long as it does not conflict with the sources of revealed law, namely the Qur'an and Hadith. Acceptance of customs on the basis of public benefit is always considered a necessity for operating the Islamic legal system which is always required to be able to reconcile various interests and solve problems that arise in society and far from the birthplace of the Islamic legal system. This journal writing uses a normative juridical approach method. With the result that a harmonious relationship between Islamic law and customary law had existed long before the Dutch colonialists set foot on the archipelago. Dutch colonial legal politicians who always sharply contrasted Islamic law with customary law were not supported by the realities of society.
Peluang dan Tantangan Bank Syari’ah di Indonesia dalam Era Globalisasi Zaenal Arifin; Maman Suparman; Andi Achmad Zulkarnaen
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.74

Abstract

Since enforcement of Law No. 7, 1992, the Syariah Bank started in knowing by Indonesian society and more developed by Law no. 10, 1998. so that there are two kinds of banking principles in this country, that is the conventional banking principle and the Syariah banking principle. The difference of both, in transaction of credit, the Syariah Bank doest not pick up interest from debitor or customer. We may say, from where or what is return for the Syariah Bank? The return is produced by cooperation between creditor (The Syariah Bank) with debtor or customer comprising of mudharabah, that is financing based on principle of income sharing; financing based on capital participation (musharakah); the principle of sale and purchase in goods which gets fortune (murabahah); financing of goods capital based on pure hire without option (ijarah) or in option to transfer ownership of hired goods/property from party of banker to the other party (ijarah wa igtina). Thus, there are dualistic banking principles in Indonesia Nonetheless, contradiction is none. Its sphere is freedom of choice for customers in accordance with their like without prohibition by governing legislation.
Co-Authors Maman Suparman Zaenal Arifin