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<![CDATA[KONSEP TA’ĀWUN DALAM KRITIK TERHADAP PENETAPAN BATAS MAKSIMAL USIA KEPERSERTAAN PADA ASURANSI SYARIAH TA’ĀWUN ]]>
<![CDATA[Aziz, Riva Abdillah]]>;
<![CDATA[Solehudin, Ending]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i2.16445
<![CDATA[The purpose of this study is to review the concept of ta’āwun taught by Rasulullah Shalallahu Alaihi Wassalam and the reality of ta’āwun practice in the Islamic insurance industry in Indonesia. This research is also intended as a critique and input on the current practice of implementing ta’āwun. In contrast to conventional insurance, which uses a sale and purchase contract in its transactions, Sharia insurance uses the concept of ta’āwun in its transaction contracts. Qs. Al-Maidah verse 2 is the legal basis of this ta’āwun concept. This research used qualitative methods, the descriptive approach, and library research. The results of this study conclude that the concept of ta’āwun used by Islamic insurance currently needs to fully reflect the concept of ta’āwun in Qs Al-Maidah verse 2, which has been practised by Rasulullah Shalallahu Alaihi Wassalam and his friends. In practice, Sharia insurance companies set a maximum age limit for prospective participants, while the maximum age for participation is 65 years. This maximum age limit for participation means that not all prospective Sharia insurance participants can be accepted as customers. It is undoubtedly different from the practice of ta’āwun that existed at the time of Rasulullah Shalallahu Alaihi Wassalam, where the concept of ta’āwun was carried out without knowing the conditions. It is fitting for Sharia insurance to adhere to the principle of monotheism properly and rely on Allah Subhanallahu Wata'ala to carry out the wheels of its Sharia insurance business by not limiting participation age. Sharia insurance practitioners naturally adhere to the principles of ta’āwun and monotheism and believe with certainty that to worship Allah Subhanallahu wa Ta'ala, even though there is no age limit for participation, the company will still get the benefits expected in other ways.]]>
<![CDATA[TRANSGENDER DAN REDEFINISI KHUNTSA DALAM KAJIAN MEDIS DAN FIQIH KONTEMPORER: STUDI KASUS APRILIO MANGANANG-AMAR ALFIKAR ]]>
<![CDATA[Fitri, Ahmad Asrof]]>;
<![CDATA[Haq, Sansan Ziaul]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.16513
<![CDATA[This research, which examines transgender and khuntsa in contemporary fiqh and medic, is inspired by the news on Aprilio Manganang and Amar Alfikar, who changed their gender due to medical and psychological problems. Aprilio was diagnosed with hypospadias, while Amar suffered from gender dysphoria. In classical fiqh literature, the concept of khuntsa is identified from a physical point of view only, which is generally categorized into khuntsa ghairu musykil if the person's gender can still be known and khuntsa musykil if the genitals cannot be ascertained after a medical research process. The purpose of this study is to determine the fiqh review of the transgender cases of Aprilio Manganang and Amar Alfikar. Using the library research method, this study finds that Aprilio is considered a khuntsa ghairu musykil because of hormonal and physical tendencies to men. While Amar, although born with female genital, gender dysphoria makes her feel that she is in an inappropriate body, thus causing self-harming. In the perspective of contemporary fiqh with psychological approach, the problem experienced by Amar require scholars to review the definition of khuntsa. The criteria of khuntsa musykil can be expanded by considering psychological disorders that arise from internal issues, not due to external influences.]]>
<![CDATA[NAFKAH PRODUKTIF UNTUK ANAK PERSPEKTIF KIAI SYANSURI BADAWI ]]>
<![CDATA[Musthofa, Yayan]]>;
<![CDATA[Firdaus, Mohamad Anang]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.16566
<![CDATA[The obligation of parents to provide for their children at least until they reach adulthood, which is 21 years referring to the KHI policy article 98 paragraph (1), when they are married, or have entered ar-rusydu phase (understanding the law and independence) referring to classical fiqh studies. In another study on maqāshid as-syarī'ah version, when the child has entered the age of 23 years based on the calculation finishing study period plus a year of financial independence trial period. In order to study further to prepare children's financial independence, this study aims to examine more deeply the concept of productive livelihood from the maqāsid as-syarī'ah perspective in the book of Fiqh Al-Munākaḥāt by Kiai Syansuri Badawi. This article includes a literature review with the maqāsid as-syarī'ah approach of Jasser Auda, while the object of this study is the work of Kiai Syansuri Badawi. From this research, I found that livelihood in Kiai Syansuri Badawi's view contains a productive meaning or a productive spirit and is in accordance with Jasser Auda's maqāshid as-syarī'ah concept for human development as the goal of the Shari'a. This article is important to build human development –especially Muslims– with the disteribution and management of a productive living, starting from the smallest organization, namely the family.]]>
<![CDATA[KONSEP LABA BERKAH DALAM PERDAGANGAN SYARIAH ]]>
<![CDATA[Mansyur, Zaenudin]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i2.16733
<![CDATA[The purpose of this study is to examine the concept of blessing profit that is widely discussed by observers of the Islamic economy which isclaimed to be a very abstract matter so that measuring it becomes a very difficult activity to find, but rather the right criteria to be able to achieve it. Thus, this study uses a descriptive analysis method to examine more deeply the things that must be done by traffickers, both traders and buyers. The results of this study show that the criteria that must be carried out by business people as strong evidence for them in obtaining blessing profits, namely through the preprocessing stage, process, and postprocess. The preprocess stage is required to base its trade attitude with theological values so that its tendency will give birth to a high devotion to the powerful. Meanwhile, the stages of the process strengthen it by instilling an honest, sincere, professional, friendly sosial, and generous attitude. This honest attitude will encourage the birth of a sincere attitude of both parties and inturngive birth to a professional attitude so that trade activities run smoothly which is characterized by customers increasing from time to time because it is based on the inten silaturrahim and generous of traders and buyers so that the final stage strengthens the acquisition of blessing profits through evaluation of the trading activities carried outby him through the payment of obligations after reaching one nisab.]]>
<![CDATA[STUDI KOMPARATIF METODE IJTIHAD MAJELIS ULAMA INDONESIA DAN BAHTSUL MASAIL NAHDLATUL ULAMA TENTANG FATWA VAKSIN ASTRAZENECA ]]>
<![CDATA[Alkatiri, Anisah]]>;
<![CDATA[Hasanah, Idaul]]>;
<![CDATA[Sayyaf, R. Tanzil Fawaiq]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.16858
<![CDATA[This paper aims to compare the ijtihad methods used by the Indonesian Council of Ulema (MUI) and Bahtsul Masail Nahdlatul Ulama concerning the fatwa on the AstraZeneca COVID-19 vaccine. The study method is qualitative, with a normative legal approach and descriptive-comparative analysis. According to the findings of this study, MUI employs the type of ijtihad jama'iy (collective ijtihad) and interdisciplinary by using ijtihad bayani, ta'lili, and istishlahi methods in its ijtihad on the AstraZeneca vaccine. MUI declared in its fatwa that the AstraZeneca vaccine's legal origin is haram since it comes into touch with a haram substance or unclean during the production, namely trypsin which is produced from pig pancreas. However, the use of the AstraZeneca vaccine is temporarily permitted due to several reasons. While Bahtsul Masail in their ijtihad employs the type of ijtihad jama'iy and interdisciplinary ijtihad using the qauly and ilhaqy ijtihad methods. In their conclusion, Bahtsul Masail declared that the AstraZeneca vaccine is permissible to use under normal circumstances, particularly in an emergency, not only because it is safe but also because it is holy. However, in issuing a fatwa on the Covid-19 vaccine for AstraZeneca products, both MUI and Bahtsul Masail are pursuing the same goal: saving human lives (hifz al-nafs), and both institutions' decisions are based on reasonable and empirical considerations in the context of the public good, expecting that herd immunity would be achieved shortly in Indonesia, permitting it to be free from the Covid-19 pandemic quickly.]]>
<![CDATA[MODERASI PEMAHAMAN HIRARKI MAQĀSHID AL-SYARĪʻAH DALAM FIKIH PANDEMI PERSPEKTIF FIQH AL-AWLAWIYYĀT STUDI FATWA MUI ]]>
<![CDATA[Hajar, Siti]]>;
<![CDATA[Zaeni, Ahmad]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.16930
<![CDATA[The controversy about the al-Maqāshid al-Dlarūriyyah al-Khams hierarchy has an effect on the understanding of the Maqāshid al-Syarī'ah hierarchy in the MUI version of the Fiqh Pandemic, especially the fatwa on congregational and Friday prayers in mosques. In dzahir, the fatwa prioritizes hifdz al-nafs over hifdz al-dīn, while the majority of scholars are of the opinion that hifdz al-dīn occupies the highest hierarchy. This research aims to reveal a moderate understanding of the Maqāshid al-Syarī'ah hierarchy in Fiqh Pandemic from the perspective of Fiqh al-Awlawiyyāt. This research is qualitative by using Istiqrā, Muqāranah and Tawtsīqī methods. The results of this study are: first, the al-Tarjīh rule used by the theocentric group allows for a middle way to bring together views between theocentric and anthropocentric groups in determining the Maqāshid al-Syarī'ah hierarchy; second, Fiqh al-Awlawiyyāt is a comprehensive instrument to determine the Maqāshid al-Syarī'ah hierarchy in Pandemic Fiqh, because it accommodates the rules of al-Tarjīh, Fiqh al-Muwāzanah and Fiqh al-Taisīr wa Raf' al-Haraj, even in harmony with Fiqh al-̒Adzār through Qiyās Awlawī; third, Fiqh al-Awlawiyyāt becomes a middle ground for the controversy between theocentric and anthropocentric groups in the context of the Maqāshid al-Syarīʻah hierarchy. In conclusion, the Maqāshid al-Syarī'ah hierarchy in Pandemic Fiqh with the priority of hifdz al-nafs over hifdz al-dīn is set moderately by using Fiqh al-Awlawiyyāt.]]>
<![CDATA[IS TOKOPEDIA SALAM HALAL? ]]>
<![CDATA[Susilawati, Cucu]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.17019
<![CDATA[The word "halal" is now widely found in various products, including e-commerce platforms, such as Tokopedia Salam. Indonesia is a country with the highest number of e-commerce users in the world, and Tokopedia is the first unicorn platform to have sharia services. This study aimed to determine the perspective of Islamic economic law on Tokopedia Salam. The method used is qualitative-descriptive through a literature review. The results of this study indicate that Tokopedia Salam is not only market products that have been certified halal because there are still many products that have not been certified halal, which can be found on the Tokopedia Salam platform. In addition, the Tokopedia Salam payment system still uses conventional financial institutions, and this shows that Tokopedia Salam has not fully supported the halal industry. The transaction model at Tokopedia Salam is still the same as Tokopedia, not using salam and ijarah contracts as stipulated in sharia. In conclusion, Tokopedia Salam cannot be categorized as sharia e-commerce in Indonesia, but Tokopedia Salam has sharia services to complement the worship of the Muslim community in Indonesia.]]>
<![CDATA[METODE ISTINBATH HUKUM ABDUL QADIR HASSAN DALAM PERKARA SHALAT ]]>
<![CDATA[Zahir, Adnin]]>;
<![CDATA[Hamidah, Tutik]]>;
<![CDATA[Rofiq, Aunur]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.17515
<![CDATA[The Legal Istinbath Methodology has a very strong influence on the legal products issued. Not everyone is able to practice an Islamic law because that person is required to master various branches of science, all of which lead to a process of establishing a law. Abdul Qadir Hassan is one of the scholars of Persatuan Islam’s organization (PERSIS) who consistently refers to the Qur'an and as-Sunnah. This study aims to determine the flow of his legal Istinbath methodology in answering various problems especially in salat problem’s in the period 1958-1984. With this research, we can also understand the flow of fatwa determination from the PERSIS Hisbah Council. This study uses a library research method using library materials in the form of articles and books. The analysis technique used is content analysis, which is a research methodology that utilizes a set of procedures to draw appropriate conclusions from a document. The results of the study reveal that the position of the Qur'an and as-Sunnah is the main foundation in determining his law. In understanding a text, it is basically textual as long as there is no other information that turns it away. In addition, the existence of Ijma' Companions and Qiyas are also used in establishing a law, although qiyas in this case is not used in matters of worship. As for the opinion of the imam of the madzhab, he does not use it if he does not find its basis in the Qur'an or as-Sunnah, but is used in its function as a reinforcement of the opinion that he issues. Abdul Qadir Hassan's method indirectly leads us to be critical and distance ourselves from taqlid and also being able to revise legal decisions that have been set by previous scholars.]]>
<![CDATA[KONSEP WALI HAKIM DALAM PEMBARUAN HUKUM KELUARGA ISLAM DI MALAYSIA DAN INDONESIA ]]>
<![CDATA[Syahputera, Akhmad Fadly]]>;
<![CDATA[Ferdiyan, Ferdiyan]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i2.17735
<![CDATA[Malaysia and Indonesia have reformed Islamic law by codifying Islamic family law through statutory regulations. However, between the two countries, there are quite striking differences in regulating guardian judges. This research aims to find out the substance and relevance of reforming Islamic marriage law in two countries related to judges' guardians. The study used a qualitative descriptive-analytical method with the application of laws, namely the Islamic Family Law (UUKI) of all states in Malaysia, the Republic of Indonesia Law no. 1 of 1974 concerning Marriage (UUP), and the Compilation of Indonesian Islamic Marriage Law, especially regarding magistrate guardians. The study results show that the guardian of the king or guardian of the judge is officially and legally recognized in UUKI Malaysia and UUP Indonesia. However, Malaysia's UUKI has yet to have any detailed rules regarding technical procedures for the practice of magistrate guardians. In contrast, Indonesia has these rules even though they are in the form of a Regulation of the Minister of Religion (PMA). Regarding magistrate guardians, Malaysia and Indonesia are included in the Intra-Doctrinal Reform group, which tends to still adhere to conventional fiqh law.]]>
<![CDATA[PENGGUNAAN E-WALLET OVO PERSPEKTIF ULAMA SYAFI'IYAH ]]>
<![CDATA[Musanna, Khadijatul]]>;
<![CDATA[Sholihin, Riadhus]]>;
<![CDATA[Sari, Maula]]>
<![CDATA[ Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung ]]>
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DOI: 10.15575/as.v24i1.18073
<![CDATA[This study analyzes the status of the legal status that applies to payments through OVO based on the perspective of Ulama Syafi'yah. The research method used is descriptive qualitative, based on normative juridical regarding the laws applicable to OVO, analyzed conceptually using the opinions of Syafi'iyah Scholars. The results show that the payment system of the OVO application tends to use wadi'ah contracts, this can be seen from the elements, namely, contracts, objectives and objects of contracts that are clear and certain. Additionally, the object of the contract in the use of the OVO application has a feature in the form of a stored balance, so that at any time it can be taken back by the account owner without the need for permission from OVO as the application provider, this further strengthens the perception that OVO is oriented in the wadi'ah contract.]]>
