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Legal Protection for the Partnership Agreement Parties

al-risalah
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Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

ISSN : 1412436X EISSN : 25409522 DOI : https://doi.org/10.30631/alrisalah.v22i1.1118

Core Subject : Economy, Social,

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 418 Documents

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The Practice of Hajj Substitution in Indonesia: The Search for Legal Certainty through Usul al-Fiqh Approach Nurdin, Roswati; Rajab, H.
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This article discusses the issue of legal certainty of the practice of hajj substitution (badal haji) in Indonesia for the prospective pilgrims who have died before the pilgrim season or have suffered from chronic diseases hindering them from performing the planned hajj from the perspective of uṣūl al-fiqh approach. Despite the fact that Hajj substitution has been widely practiced, there are problems with regards to both legal basis and actual practices. From the fiqh point of view, the issue is subject to dissent between the scholars and jurists. As for its actual practice, there is a wide opportunity for abuse from irresponsible parties. Along with this background, in seeking for legal certainty, this article employs bayānī (textual), taʻlīlī (causation), and istiṣlāḥī (public interest) reasoning of uṣūl al-fiqh upon the relevant literature. Through bayānī reasoning, this article concludes that hajj substitution is obliged by some texts of hadith. Taʿlīlī reasoning reveals that the obligation applies only to the people who are at some point had reached the level of istiṭāʿa in their life. Finally, istiṣlāḥī reasoning unveils a number of adverse situations that one should take into consideration when planning for a hajj substitution on behalf of another, such as the issue of trust with the substitute of the hajj. Accordingly, this article argues that hajj substitution is allowed to be performed under the specific provision and trustworthiness.

Assessing Validity of Some Critiques towards the Fatwas of the DSN - MUI on Mudarabah within the Perspective of the Aqwal of Islamic Legal Expert Kamaluddin, Safrudin Halimy; Sudarman, Sudarman
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Abdullah Saeed and Mervyn K. Lewis argue that the implementation of contracts in Islamic banking has deviated from fiqh. With the same critical framework, some researchers in Indonesia also criticize the fatwas of the DSN-MUI (National Sharia Board of the Indonesian Ulema Council) on the muḍārabah contract. This paper, however, argues that all of those criticisms can be categorized as a khilāfiyyah (differences of opinion among muslim jurists). Again this backdrop, this paper will assess the validity of those critiques towards the fatwas of the DSN-MUI on muḍārabah within the perspective of the aqwāl of islamic legal experts (madhāhib) as well as prove that the muḍārabah model in Islamic banking in Indonesia does not deviate from fiqh. After reviewing relevant library sources, this paper shows that the fatwas of the DSN-MUI on muḍārabah are supported by the aqwāl of islamic legal experts among Ḥanbalī, Ḥanafī, Mālikī, and Shāfiʻī schools. Moreever, although it is different from the muḍārabah form known by many people in fiqh, the muḍārabah contract system adopted by the DSN-MUI can be categorized as a model of muḍārabah permitted by islamic legal experts.

Istihsan and Istishab in Islamic Legal Reasoning: Towards the Extension of Legal Finding in the Context of Indonesia Muslimin, JM; Kharis, M Abdul
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This article explores the debate among Muslim jurists on istiḥsān and istiṣhāb and the ability of both to solve Islamic legal cases in Indonesia. The research is done through normative legal approach by referring to various literatures in the elaboration of legal concepts. The concepts of law (istiḥsān and istiṣhāb) are discussed and become the central topic. At the end, those concepts are applied in the cases to draw normative conclusions. The result of this research shows that though istiḥsān and istiṣhāb are still debatable, both of the two have a strong influence and relevance to be applied. In the Indonesian context, istiḥsān and istiṣhāb reasoning, may be combined or separated, can be used to promulgate the obligatory registration of marriage, the application of health protocol of Covid-19 during prayer in the mosque in the time of pandemic, and possibility of using credit card and e-commerce for transaction, the acceptance of Pancasila as the basis of the Republic of Indonesia, the legitimacy of 1945 constitution, democracy, and current principles of modern jurisprudence (such as the principles of pre-assumption of innocent). That is due to the fact of their virtues for public life (maṣlaḥah muḥaqqaqah), and no exact prohibition is found in al-Qurʼan and Hadith (ibāḥah aṣliyyah). In short, by using istiḥsān and istiṣhāb, such mentioned recent cases may be solved and logics of legal reasoning can be extended.

Dynamics of the Financial Stability of Islamic Banking in Malaysia: Current Perspective Analysis Isamail, Mohamad Zaim; Rosele, Muhammad Ikhlas; Md. Ariffin, Mohd Farhan; Jailani, Munawar Rizki; Ismail, Syaimak
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This article discusses the financial stability of Islamic banking in Malaysia by focusing on the analysis of current perspectives. In addition, it also discusses the references used to describe Islamic-based financial stability. To achieve this objective, this study would analyse the resources to ascertain the arguments on how such financial stability is viewed from an Islamic perspective. This study was conducted using a qualitative method through library research by searching for references from sources such as al-Qurʼan and its interpretation, al-Hadith of the Prophet Muhammad peace be upon him and also arguments by Islamic scholars. The results of this study showed that certain texts in al-Qurʼan and al-Hadith, as well as the views of scholars, acknowledge that financial stability has a strong foundation based on authentic sources. In the context of Islamic banking in Malaysia, various aspects need to be taken into account to ensure that these banking institutions continue to remain relevant in the domestic and international financial arena. In this regard, to ensure the stability and strength of Islamic banking institutions in Malaysia, these institutions need to fully adapt the banking model recommended by the shariʻah, which would not only strengthen this industry but also make it capable of facing challenges and being resistant to financial crises and economic imbalances.

Strengthening Family Institution through Pre-Marital Course: Comparative Study between Indonesia and Malaysia Bidayati, Kholis; Jahar, Asep Saepudin; Yasin, Yuli
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study examines the policy of premarital course in Indonesia and Malaysia. The premarital course aims to equip the bride and groom with the knowledge and skills of making good family besides attempting to reduce the high rate of divorces in both countries. Premarital course conducted by BP4 Institutions in Indonesia and JAKIM in Malaysia applied different approaches and policies. This study tries to elaborate pre-marital course in Indonesia and Malaysia by examining policies and substantial issues. The data was collected through library research, examining regulations and rules applied in both countries. This study showed that the procedure and mechanism of premarital course in Indonesia and Malaysia were different. Premarital course in Malaysia is mandatory and one of the requirements of marriage registration document whereas in Indonesia is voluntary. Both countries, however, applied a similarity approach and strategy in delivering course materials.

The Role of the Qanun in the Development of Mangrove Forest Ecotourism in Kuala Langsa, Aceh Sahudra, Tengku Muhammad; Desfandi, Mirza; Nisa, Jakiatin
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Kuala Langsa has a large tourism potential to be developed, however, the lack of understanding of ecotourism regulations by stakeholders can hamper the development of the area into a mangrove ecotourism area that is following the principles of development. This paper discusses the role of the qanun in the development of mangrove ecotourism in Kuala Langsa, Aceh. The type of legal research used in this paper is a normative research method, then analyzed using a qualitative approach, with different analysis methods. The results of this paper indicate that in optimizing the development of coastal areas it is necessary to strengthen and explore Qanun and policies that have been regulated by the government. The development and management of tourism areas have been regulated in Aceh Qanun No. 8 of 2013 concerning Tourism. However, the regulation has not been running optimally due to the low understanding of the community regarding the tourism Qanun even though it is intended to provide legal legality for each stakeholder to be able to increase their capacity.

Financial Technology and the Legal Protection of Personal Data: The Case of Malaysia and Indonesia Nurhasanah, Nurhasanah; Rahmatullah, Indra
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The presence of digital technology brings significant changes in many aspects of human life, including the economy and financial services. The rapid development of financial technology (fintech) is being responded quickly by many countries including Indonesia and Malaysia. Not only conventional fintech, but Sharia fintech is also developing significantly in both countries. This phenomenon is caused by the efficiency and ease of fintech. However, fintech in Indonesia is not followed by a comprehensive protection of personal data. The absence of special regulation on the protection of personal data in Indonesia causes the data often be misused by certain parties such as being stolen, sold, transferred and eliminated irresponsibly causing harm to fintech users. Meanwhile, Malaysia has built a legal system of personal data protection since 2010 and becomes the first country in the ASEAN region to have a comprehensive personal data protection law system. Therefore, the article aims to overview and compare the personal data protection law in Malaysia especially in fintech. To answer the problem, this study uses a normative-empirical method with a comparative law approach. The result of this article shows that Indonesia should learn from Malaysia by doing benchmarking as an effort to establish a comprehensive regulation for protecting personal data. A comprehensive regulation and law enforcement on the protection of personal data are urgently needed in Indonesia to protect the rights of fintech users.

Waqf Information System (Siwak) and Problems of Its Application: The Case on Kantor Urusan Agama Sui Raya, Kubu Raya, West Kalimantan Hakim, Muhammad Lutfi
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The data collection of waqf land on SIWAK application is one form of information disclosures to the public and information exchange in government agencies to realize good governance. Unfortunately, the utilization of the SIWAK application was not carried out optimally by the KUA in Sui Raya Sub-District. This paper aims to describe and analyze the implementations and procedures for data collection of waqf land through the SIWAK application and the constraints found in the KUA in Sui Raya Sub-District. Using empirical research and the case study approach, there are three research results in this paper. First, the data collection program of waqf land on KUA Sui Raya Sub-District is divided into two: the data collection of waqf land manually and online through the SIWAK application. Second, the procedure for data collection of waqf land through the SIWAK application is the same as the procedure for manual registration of waqf land. After the pledge of waqf was pledged by wākif to nādzir in the presence of PPAIW and two witnesses, the data was then submitted by Functional Penghulu into the SIWAK application. Third, there are two constraints experienced by the Functional Penghulu in KUA Sui Raya Sub-District in collecting data on waqf land through the SIWAK application, namely the lack of human resources and the lack of available facilities,no internet network to access the SIWAK application. The author argues that the democratization of sharia carried out by the government regarding the data collection of waqf assets must be able to overcome existing obstacles to provide legal certainty and justice for Muslim communities in Indonesia in waqf.

Zakat Institution and Maqasid al-Shariʻa: A Study of a Community Empowerment-Based Zakat Program Run by the BAZNAS Bengkulu Province Toni, Hariya
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This paper discusses a community empowerment-based zakat program run by the BAZNAS (National Amil Zakat Agency) of Bengkulu Province as well as proves the flexibility of the classical maqāṣid al-sharīʻa in responding to modern development that have not been analyzed by previous researchers. In addition, this paper argues that institutionalizing zakat is not a "bureaucratization of sharia" as stated by Asep Saepuddin Jahar. This paper uses principles of field studies that are corroborated with relevant literature sources. This paper shows that programs initiated by the BAZNAS of Bengkulu Province such as 'Bengkulu takwa', 'healthy Bengkulu', 'smart Bengkulu', and 'prosperous Bengkulu' are an implementation of maqāṣid al-sharīʻa in responding to modern development. These programs demonstrate that preserving religion (al-dīn), soul (al-nafs), intellect (al-ʿaql), lineage (al-nasl), and property (al-māl) in the classical maqāṣid al-sharīʻa discourse is not static, but dynamic. This dynamism can be interpreted as the prosperity of religion, soul, lineage, intellect, and people's property. Thus, this paper argues that institutionalizing zakat is neither a "bureaucratization of sharia" nor merely matching the classical maqāṣid al-sharīʻa with the modern context. Furthermore, it is a waṣīla for the welfare of the people in a structured and measured manner.

KONSEP KESEJAHTERAAN SOSIAL AL-GHAZALI DALAM TUJUAN PERSPEKTIF DARI USAHA MILIK DESA Suartini, Suartini; Syafrizal, Syafrizal
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Al-Ghazālī formulated that the concept of maslahat or social welfare or utility (common good), which is a concept that all human activities, especially in the economic field, must be carried out with the aim of benefit or social welfare, therefore it is in line with the objectives of Village-Owned Enterprises (BUM Des) in order to achieve economic equality and village development as mandated by law No.6 of 2014 concerning Villages, BUM Des was formed by the village government to utilize all human resources in order to improve the welfare of village communities in accordance with article 87 paragraph (3) of Law Number 6 of 2014 concerning Villages. The purpose of BUM Des is to improve the welfare of the village community. The research formulates problems that equate Al-Ghazālī's perceptions of social welfare with the objectives of Village-Owned Enterprises. This research is a study using literature review. Literature review or literature research is a research that examines, reviews or critically examines the knowledge, ideas, or findings contained in an academic-oriented literature. The results of this study indicate that the BUM Des that was formed by the village with the aim of the welfare of the village community and the distribution of the results allocated for the benefit of the village community and the efforts carried out to meet community needs are in line with the concept of social welfare of Al-Ghazālī.

Page 17 of 42 | Total Record : 418

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Home Page

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Editorial Team

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Google Scholar

Contact Name Kholil Syu'aib

Contact Email kholil_syuaib@uinjambi.ac.id

Phone +628127682779

Journal Mail Official alrisalah@uinjambi.ac.id

Editorial Address Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location Kota jambi, Jambi INDONESIA

Abstract

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Contact Name
Kholil Syu'aib

Contact Email
kholil_syuaib@uinjambi.ac.id

Phone
+628127682779

Journal Mail Official
alrisalah@uinjambi.ac.id

Editorial Address
Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA