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Journal of Islamic Law Studies
Published by Universitas Indonesia
ISSN : 26208860     EISSN : 26144829     DOI : https://doi.org/10.46708
Core Subject :
JILS has a scope of Islamic law including sharia economics, perspectives on Human Rights in Islam, Islamic Criminal Law, Islamic Civil Law, Zakat, Islamic Philosophy, and other matters related to Islamic knowledge.
Arjuna Subject : -
Articles 64 Documents
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JUAL BELI BERDASARKAN KITAB UNDANG-UNDANG HUKUM PERDATA DAN HUKUM ISLAM (AL QUR’AN-HADIST) SECARA TIDAK TUNAI Umardani, Mohamad Kharis
Journal of Islamic Law Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

This study aims to analyze the sale and purchase regulation contained in the Indonesian Civil Code (KUHPerdata) and Islamic law from Al Quran and Hadith, also the solution of the problem of sale and purchase by credit either in Indonesian Civil Code (KUHPerdata) and Islamic law. These studies are descriptive analytical method using normative juridical approach to statute approach. Indonesian Civil Code regulates the Sale and Purchase on article 1457, a sale and purchase is an agreement, by which one party is bound to deliver a certain matter, for which the other party shall pay a stipulated price. Islamic law also had a regulation about sale and purchase, definition of Fiqh scholars about sale and purchase is the process of exchange of property, or a benefits/services are allowed to exchanged for similar things for an unlimited period, in ways that justified. Definition sale and purchase above given by KUHPerdata and Islamic law there is a similiarity that is a sale and purchase is an konsensuil agreement whereby the seller deliver their property rights, while a buyer giving the money. In fact when sale and purchase in credit, not in accordance with rule KUHPerdata or Islamic law i.e. involving third parties could be termed "Triangle Sale and Purchase".
THE OPPORTUNITIES OF THE APPLICATION OF ISLAMIC CRIMINAL LAW ACCORDING TO INDONESIAN CONSTITUTION Heradhyaksa, Bagas; Jamal, Jasri
Journal of Islamic Law Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Islamic Criminal Law explains criminal offence and the punishments based on Islamic Law. The aim of Islamic criminal law is to maintain peace in the societies, whether for Muslim and non-Mus- lim, and reform the offenders. Running the Islamic criminal law is the right of every Muslim. The Indonesian Constitution guarantees the citizen’s freedom to run their own religion. In this context, running Islamic criminal law is part of Islamic religion. The objective of this paper is to know the opportunities of the application of Islamic criminal law according to Indonesian Constitution. This qualitative study will analyze the library data by referring to the books, the regulation in Indonesia and other sources that support this issue. Thus this paper is expected to generate the information about the possibility of the application of Islamic criminal law in Indonesia according to the Indone- sian Constitution which is the highest law in Indonesia.
PRINSIP KONSTITUSIONALISME DALAM PIAGAM MADINAH DAN RELEVANSINYA BAGI KONSTITUSI INDONESIA El Hakim, Himas M. I.
Journal of Islamic Law Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Constitutionalism is an idea that use a constitution as an instrumen for limiting state power and pro- tect human rights. Limiting state power and protect human rights is a principles of constitution that contained at every constitution. Medina’s Charter as a constitution is the first written constitution that contain it. With unique and different implementation of constitutionalism, Medina’s Charter afford good progress either state power limitation and human right protection. Syuro’ or high forum is one of the unique implementation for limiting state power and human rights protection. The result of constitutionalism of Medina’s Charter give many principle and relevance for another constitutional- ism implementation. Indonesia as a constitutional state can learn something from Medina’s Charter constitutionalism. There is formal and subsctance relevancies that was taken from Medina’s Charter constitutionalism pinciples and it can be applied at indonesia constitution.
ADAT INSTITUTIONS IN ACEH GOVERNMENT: A CONSTITUTIONAL PERSPECTIVE Abiyoso, Yunani; Abdillah, Ali; Wasti, Ryan Muthiara; Sujatnika, Ghurnarsa; Fakhri, Mustafa
Journal of Islamic Law Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

The existence of adat (customary law) in Indonesia becomes a source of value for the survival of the nation. Each region in Indonesia has different adat that can be used as a reference for the form of governmental system in Indonesia. The 1945 Constitution has recognized the existence of adat government that consisting of various forms of adat that have been adopted long before the 1945 Constitution existed. The existence of adat cannot be separated from national and Islamic values. This research was conducted to find out form of adat institution in Aceh and how the integration of such adat governance in local government system based into national law. Thus, to achieve the objectives, this study was conducted by normative juridical research method with historical approach and comparison with other indigenous peoples in Indonesia.

Page 7 of 7 | Total Record : 64

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