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Implementation of Al-Ijarah Al-Maushufah Fi Al-Dzimmah Acad at Indonesian Sharia Bank
Sahrani, Sahrani;
Adha, Sitti Nurul
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.3504
This study aims to determine the inhibiting factors for the implementation of the Ijarah Maushufah Fi Dzimmah contract in Islamic banks, especially in the city of Makassar. This study uses a literature study research method, with research data collected through books, articles, journals, and interviews and then analyzed by descriptive methods. A descriptive method is used to describe and explain the opinions of fiqh scholars about the Ijarah Maushufah Fi Dzimmah contract in Islamic law, as well as describe the results of the analysis of Islamic banking records and documents to determine the inhibiting factors for the implementation of the Maushufah Fi Dzimmah ijarah contract at the Makassar City Sharia Bank by conducting personal interviews. with banking practitioners in the marketing division of financing at Bank BNI Syariah, Bank BTN Syariah, and Bank Muamalat. The results showed that the inhibiting factors for the implementation of the Maushufah Fi Dzimmah contract include: (1) the absence of standard regulations from the government (OJK and BI) regarding the implementation of the Maushufah Fi Dzimmah contract; and (2) the methods of implementing the product development process and system transformation that have been implemented run by Islamic banks is still difficult; (3) lack of knowledge of Islamic bank practitioners on Al-Ijarah Al-Maushufah Fi Dzimmah contracts; (4) Islamic banking financing is dominated by murabahah contracts; and (5) low public interest in Ijarah-based products.
Judicial Institution and Judicial Power: How Judicial Authority Existence in Administering Judicial Power in the Islamic View
Sudirman L;
Anwar, Wirani Aisiyah;
Sunuwati, Sunuwati;
Wahyu, A. Rio Makkulau
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.3544
The judiciary is very important thing to be paid attention, due to its effects on the integrity of the nation as well as state, even in the pre-Islam era up to current days. This study aims to expose the existence of the judicial institution`s authority in administering a judicial power. This research applied library method. The data collected form literature, and the analysis technique used the descriptive analysis based on the evidence of judicial institutions. The court is authority institutions which conduct a justice, trough examining and deciding cases of legal disputes or violations of laws. Wilayatul Hisbah whose main authority is to settle minor criminal acts which are do not require a judicial process in their settlement. In supporting this authority, there is such fatwa council, tahkim or arbitration institution that was held as an institution for implementing judicial power in Islam
Kajian Dalalah dalam Perspektif Relasi Kesalingan Suami Istri Menurut Konsep Keluarga Maslahah Nahdlatul Ulama
Husna, Khotimatul
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.3633
In understanding the texts to carry out legal istinbat (decisions/legal conclusions), mujtahids do not only pay attention to what is written in the explicit sentence structure, but also pay attention to what is implied by the text, namely the meaning contained through signs and dalalah (hint) nash. The ushul fiqh scholars have differences in determining the distribution, levels, and methods for using this dalalah. However, this paper will only limit the opinion of Hanafiah scholars. The text's instructions (dalalah) need to be understood contextually regarding the relationship between husband and wife in the family, so that understanding the text can be a solution to contemporary family problems. This paper will examine dalalah with a new theoretical approach called qiraah mubadalah that was coined by Faqihuddin Abdul Kodir in the interdependence of husband and wife according to the concept of the Nahdlatul Ulama maslahah family.
Jaminan Konsumsi Halal pada Jual Beli Ayam Potong di Pasar Lakessi Kota Parepare
Pangestu, Dian Resky;
Addury, Multazam Mansyur;
GH, Nur Hishaly
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.3634
The purpose of this study was to examine the relationships between Slaughter Understanding (halal consumption guarantee) and Purchase Interest (buying and selling) of chicken pieces at Lakessi Market, Parepare City. The research method used in this research is mixed methods, namely by combining two form sofresearch, namely quantitative and qualitative research. The number of samples that will be used as part of this research is 100 people. The result of there search is that there is no significant influence on the level of understanding of slaughtering on the interest in buying chicken pieces at Lakessi Market, Parepare City. There were 12 respondents who questioned the process of slaughtering animals at Lakessi Market, Parepare City, but not in detail. This is because consumers fully entrust the slaughtering process to chicken traders.
Sinergitas DJBC dan Kepolisian dalam Memberantas Penyelundupan Rokok Ilegal : Perspektif Hukum Islam
Larissa, Dea
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.3862
Illegal cigarette smuggling often occurs in Makassar City. In fact, most of the source of state revenue comes from the Tobacco Product Excise. Recently, on March 14, 2022, Customs and Excise found 1,099,800 cigarettes illegally. Illegal cigarette smuggling has clearly harmed the state and society. The purpose of this study was to determine the modus operandi of the perpetrators and the synergy between the Direktorat Jenderal Bea dan Cukai (DJBC) and the Indonesian National Police in eradicating illegal cigarette smuggling. This research is a qualitative-normative research with a case study approach. The results of the study show that the modus operandi of illegal cigarette smuggling is very diverse. However, the modus operandi of illegal cigarette smuggling that occurred on March 11-19 2022 in Makassar was using an expedition service. To eradicate illegal cigarette smuggling, DJBC has built a synergistic partnership with the Indonesian National Police through cooperation in supervision, investigation, investigation, and enforcement operations. Another form of synergy carried out by DJBC is conducting official visits as a form of appreciation for cooperation and for sustainable synergy.
Kajian Awal Bulan Kamariah Dalam Kitab Keker Bulan Karya Sayyid Usman
M Basithussyarop, M Basithussyarop;
Izzudin, Ahmad
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.4153
Prolonged polemics regarding the determination of the beginning of the month of kamariah in Indonesia are still occurring, because each group believes it has its own basis and method. Sayyid usman, who is a classical scholar of batavia origin, responded to this problem with his own method of addressing the problem of differences at the beginning of the month. His answer can be found in one of his works, namely in the book of the moon, which discusses the early determination of the kamariah system. This paper focuses on how to determine the beginning of the month in the book of keker bulan. The method used is Library research (library research) with data taken from several sources such as books, journals, which correspond to the title of the study. There are two sources of data, primary data taken from the book of Keker Bulan by Sayyid Usman, while secondary data is data that aims to collect pre-existing information to support primary data. Such as books, journals, articles and other online media. The way the data is collected includes documentation, observation. In the book it is explained that the method of determining the beginning of the moon by sayyid usman uses the naked eye and cannot be less than 7°, so it is concluded that in the script the moon kerk in it refers to the rukyat method.
Pemikiran Hakim dalam Hukuman Mati Kejahatan Narkotika: Perspektif Hak Asasi Manusia dan Hukum Islam
Fikri, Fikri;
Saidah, Saidah;
Aris, Aris;
Wahidin , Wahidin
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.4164
This study aims to explain the thoughts of judges in the death penalty for narcotics crimes with the relevance of human rights and Islamic law. The application of the death penalty is a very urgent problem, because in narcotics crimes it is referred to as an extraordinary crime. This study is a qualitative research with a descriptive-critical analytical method. The results of the study show that the death penalty does not contrast with human rights for narcotics offenders, especially in Islamic law including hirabah as an extraordinary crime regarding narcotics crimes which can deprive other people of life with absolute rights that must be defended and protected by the state. The judge's opinion refuses to put down human rights if it hinders the imposition of capital punishment, the abuse of narcotics that imposes a death penalty is in line with Islamic law and the Constitutional Court's decision regarding constitutional review is not contrary to human rights, the death penalty cannot be abolished, but is maintained according to law Islamic law and law, because the death penalty is not an opponent of human rights, but a supporter of human rights in the right to life and human life.
Analysis of the Disclosure of Islamic Social Reporting Index At Sharia Banking in Indonesia
Febriyanti, Novi;
Ihsani, Fikri Amiruddin;
Bustamir, Aidil
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v20i2.4368
The purpose of this study was to determine and analyze the Islamic Social Reporting Index at Islamic banks and the Islamic Social Reporting Index at Bank Syariah Indonesia (BSI). The method used in this study is a qualitative approach through interviews and content analysis. The subject of this research is the Islamic Social Reporting Index. The object used in this research is the publication report of Bank Syariah Indonesia (BSI). The Islamic Social Reporting Index items used in this study amounted to 50 items, covering 6 themes including investment and finance, products and services, employees, social, environment, and organizational governance. The results of the analysis of the Islamic Social Reporting Index in the annual report show that there are 43 items that are in accordance with the Islamic Social Reporting Index. The percentage of Islamic Social Reporting Index obtained by Bank Syariah Indonesia (BSI) is 86%. This shows that Bank Syariah Indonesia (BSI) in the disclosure of social responsibility reports is in accordance with sharia values. From the results of this study, it is expected that the Financial Services Authority will make rules for Islamic banks in presenting their annual reports.
Collateral Functions In Baitulmal Wal Tamwil (BMT) Positive Legal Perspective and Sharia Economic Law
Az-zulfi, Ulfi Zulfikar Faridhun
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v21i1.4569
Microfinance institutions in Indonesia are experiencing very rapid development with the existence of the Baitulmal Wal Tamwil (BMT) as a new breakthrough by offering financing products that are present in the midst of a lower-class economic society. The development of Baitulmal Wal Tamwil (BMT) today offers many products in financing. At Baitulmal Wal Tamwil (BMT) the financing offered includes: mudharabah financing (youth cheerful), mudharabah financing (equally cheerful), murobahah ceria, services (hiwalah Ceria), services (Ihrom Ceria), and policies (qord Ceria). This type of research belongs to the Normative Juridical type of research. This research aims to find out how the legal position of guarantees/collaterals in Baitulmal Wat Tamwil, Every financing in Baitulmal Wal Tamwil (BMT) requires collateral where the collateral is one of the legal conditions in the Baitulmal Wat Tamwil financing contract. This type of research belongs to the Normative Juridical type of research. This research aims to find out how the legal position of guarantees/collaterals in Baitulmal Wat Tamwil, Every financing in Baitulmal Wal Tamwil (BMT) requires collateral where the collateral is one of the legal conditions in the Baitulmal Wat Tamwil financing contract. So researchers want to examine the function of collateral in Baitulmal Wal Tamwil (BMT) in sharia economic law and positive law where collateral is often used as a problem and its legal requirements in financing transactions in the Baitulmal Wat Tamwil (BMT) microfinance institution.
Review of Maqashid Sharia and MUI DSN Fatwa on Takaful Products of Education Funds at PT Asuransi Takaful Keluarga Yogyakarta
Hakim , Umm Habibah;
Alfat, Abdul Fatahillah
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare
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DOI: 10.35905/diktum.v21i1.4606
Sharia tendencies in the modern era This pushes the progress and development system toward a more inclusive sharia economy. Contracts that are emblematic of Islamic economics may be negotiated. One of them is incorporated into the product takaful (sharia insurance). Study This compares theory maqashid sharia and DSN MUI fatwas in insurance product contemplation education. Study This includes a qualitative research in which theory maqashid sharia and DSN fatwa serve as an analytical knife. There are three aggregated contracts _ in practice Education Fund Takaful insurance, including contracts mudharabah, wakalah bill ujrah, and tabarru', according to research results. In maqashid sharia, practice Education Fund Takaful insurance provided protection in three (3) aspects. Protection to benefit reason (hifdz al- Aql) in the form of protection for child related to his education when the parents captured calamity, wealth (hifdz al-Maal) in the form of invest ten participant with wealth (hifdz al-Maal) Be cautious in accordance with sharia principles carried out by parties' company and (hifdz an- Nasl) in the form of compensation for expert legacy that has been left behind.