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HUKUM KELUARGA ISLAM: Perspektif Maqāṣid asy-Syarīah Terhadap Dasar Wajib Patuh Pada Undang-undang Perkawinan dan Kompilasi Hukum Islam Nur Rofiq; Moh Tamtowi; Rahmawati; M. Nashih Muhammad; Ahmad Asroni; Kuswan Hadji
Wahana Islamika Jurnal Studi Keislaman Vol. 9 No. 2 (2023): Wahana Islamika: Jurnal Studi Keislaman
Publisher : Institut Agama Islam Syubbanul Wathon Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61136/q6ze9s50

Abstract

The State of Indonesia is a state based on law, so for Indonesian people who are Muslim when they enter into a marriage, they must obey and comply with the Marriage Law (UUP) and the Compilation of Islamic Law (KHI), because UUP and KHI are legal products resulting from the government's (leader) ijtihad in regulating marital problems in Indonesia. The purpose of this study is to understand and analyze the obligation to comply with the Marriage Law and the Compilation of Islamic Law from the perspective of maqashid sharia. The research method used uses a descriptive-qualitative approach, with the type of library research with data sources based on Presidential Instruction (Inpres) No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning Marriage (UUP) and materials -Other library materials. The results of this study prove that the basic obligation to comply with the Marriage Law (UUP) and the Compilation of Islamic Law (KHI) is because both are products of government ijtihad (ulil amri). The government's ijtihad is a manifestation of the thoughts and agreements of all the Indonesian people who have been represented by the DPR. So that the obligation to comply with UUP and KHI in the perspective of Maqashid Sayariah is mandatory because it brings benefit and avoids harm. The marital status of husband and wife and children born are legal and protected by law.
REKSADANA SYARIAH SEBAGAI ALTERNATIF INVESTASI ISLAMI Rahmawati; M. Asad Imaduddin; Jufrin
Wahana Islamika Jurnal Studi Keislaman Vol. 10 No. 1 (2024): Wahana Islamika: Jurnal Studi Keislaman
Publisher : Institut Agama Islam Syubbanul Wathon Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61136/tkd3f628

Abstract

This article aims to find out how Islamic mutual funds can be said to be an Islamic investment alternative. This type of research is library research. The primary data used is the Capital Market Law, Financial Services Authority Regulations and DSN-MUI fatwa. Meanwhile, secondary data used is other literature that is in accordance with the research. The findings in this article are concluded as follows: (1) the mechanism in sharia mutual fund investment starts from the fund owner giving a mandate to the investment manager which is then invested collectively. The investment results will be added to the investor's accumulated funds if there is a profit and will be reduced if there is a loss. Accumulated funds are stored in a custodian bank. After deducting the investment manager's honorarium and other costs, the funds accumulated as Net Active Value (NAB) (2) management of sharia mutual funds has been carried out professionally in accordance with the provisions contained in the DSN-MUI fatwa. Although, there are several conditions that make it possible that sharia principles cannot be implemented optimally.