Journal HUNAFA: Jurnal Studia Islamika-
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 347-376; doi:10.24239/jsi.v14i2.478.347-376
Abstract:Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists). The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the Application of Takāful From Islamic Law Perspective, including The Concepts of Takāful (Sharia Insurance), Legal Basis of Takāful (Sharia Insurance), History of Takāful (Shariah Insurance) Development, Scholars' Views on Takāful (Sharia Insurance), The Principles of Takāful (Sharia Insurance), Establishment of Contract in Takāful (Sharia Insurance), and To Compare The Characteristics Between Takāful (Shariah Insurance) and Commercial Insurance.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 327-345; doi:10.24239/jsi.v14i2.486.327-345
Abstract:The main purpose of the shariah is realizing the benefit in order to maintain the shariah’s purposes. There are three level of human’s basic necessity: primary (ḍarūriyyāt), secondary (hājiyyāt), and tertiary (taḥsīniyyāt). The human’s basic necessity is divided into five, first, protection of religion (ḥifẓ al-dīn), second, protection of life (ḥifẓ al-nafs), third, protection of mind (ḥifẓ al-‘aql), fourth, protection of the offspring (ḥifẓ al-nasl), and fifth, protection of property (ḥifẓ al-māl). So it can be said that the aims of shariah can be achieved by fulfilling these five basic necessities of human beings. Waqf as one of the Islamic filantrophies has a big role and purpose to realize the benefit of human being, that is realizing the prosperity reflected by the fulfilment of human’s basic needs in accordance with the goals of shariah be it primary, secondary and tertiary.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 275-300; doi:10.24239/jsi.v14i2.476.275-300
Abstract:There are differences of opinion among scholars regarding the issue of euthanasia. But the element of goodness makes a consideration, that preventing a disease is an obligation that must be done by every individual. While the difference is more depressed on how to apply euthanasia, namely on how to end the suffering of patients. In Islam, scientific and divine healing is known, while in medical science, only rational healing and emergency-based healing are known. In principle, the intentional killing of a sick person precedes fate. God has set the deadline for human life. By speeding up his death, the patient did not benefit from the test given by Allah to him.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 301-326; doi:10.24239/jsi.v14i2.484.301-326
Abstract:The hudûd Syahrûr theory is designed to manifest fiqh apart from the dominance of the tyrannical system as it occurs in classical Islamic fiqh. This theory wants to realize the Islamic law that is formed in the corridor of the law (al-fiqh ad-dustur). According to Syahrûr, the need for al-fiqh ad-dustur is very urgent because the fiqh of Islam that has been so far is relying on the character (fuqaha) personally, not institutional. Therefore, the existence of a legal democracy or a judiciary free from executive influence is very difficult to find in Islamic legal thought. Because Islam is always associated with the figure then the Islamic judiciary, for example also always depends on the face of judges. If the judges are good, then the Islamic judiciary will look good, and so if otherwise, if the judges are ugly then the Islamic judiciary will also look bad. As is the case in the Middle East, in the context of the Islamic world, hudûd theory also arises in connection with Syahrûr's efforts to uphold democracy and civil liberties, especially in jurisdictions. This emergence was driven by Syahrûr's concern in looking at the decadence experienced by Islamic law in the modern world. Syahrûr assumes that in the field of law, the Islamic world is currently experiencing an acute crisis. Therefore, he considers that the existence of new fiqh formed based on new methods is very urgent to be realized. The hudûd theory is part of a new method proposed by Syahrûr in contemporary Islamic legal thought. Therefore, this paper examines aspects of contemporary methodology in hudud theory concept initiated by Muhammad Syahrur.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 253-274; doi:10.24239/jsi.v14i2.487.253-274
Abstract:Zakat as one of the pillars in Islam with dimensions ubudiyyah, ijtimaiyyah and iqtishadiyyah. As a country with the largest Muslim population in the world, Indonesia will potential benefit in zakat management. Based on calculation, the number of Muslim population will produce more zakat to increase ummah well-being in the zakat is managed in professional and accountable ways. Majority of zakat management problems includes limited qualified human skills and human resources (HR) in zakat management. In addition, weak regulations has also resulted in slow improvment in the optimization of zakat management. As a solution to the chronic problem is to provide urgent solutions in the zakat management organization (OPZ). This includes the involvement of stakeholders (government) in regulating the mechanism of zakat management and promoting public education about the obligations of zakat contribution. The position of zakat profession in Islam has similar position with other zakat income. As the result, the most accurate term given to zakat profession is zakat income (kasab). While the position between zakat and tax, there are three arguments: First, zakat and taxes are equally paid by every taxpayer and zakat obligators. Second, a Muslim chooses either of the two instruments: paying zakat or paying taxes only. Third, a muslim chooses one between; zakat or taxes, and assume his/her choices are representative of both. If he/she pays taxes, then he/she considers the tax as zakat from his property.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 189-231; doi:10.24239/jsi.v14i2.448.189-231
Abstract:The concept of al-musaqah appears in Islamic history when Prophet Muhammad conquered the fertile farmland surrounding Khaibar, abandoned by Jews as the original owner of the land. The concept of al-musaqoh also appears in fiqh deliberations, in which it is a partnership between tenants and land owners. By deepening literature, the concept of al-musaqah is part of sharia agribusiness system that could be an alternative partnerships and farmer institution in meeting staple food needs. The alternative concept is very necessary since Indonesia has been facing the issue of agricultural land conversion and difficulty to form sustainable food agriculture area (SFAA). For the implementation of al-musaqoh, the Government should systematically form the SFAA on the state owned land, and estabilish its institution to manage SFAA in the central and regional level. Then, the SFAA management implement al-musaqoh partnership with farmer groups. By the concept, the Government would be able to control staple food procurement and distribution to achieve food self-sufficiency which is profitable for farmers and non-farmers. However, the implementation is based on the view that the provision of basic needs should not be left to market mechanism.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 233-251; doi:10.24239/jsi.v14i2.489.233-251
Abstract:This paper deals with one of the Islamic organizations in Palu, Wahdah Islamiyah (Islamic Unity), in terms of theological and contemporary Islamic legal issues. The source of analysis is the website that Wahdah Islamiyah runs online. The paper concludes that Wahdah Islamiyah is influenced by the relatively strict theology of Wahhābism in religiosity and morality. Therefore, in legal issues, Wahdah Islamiyah embraced and accommodated relatively conservative views with various issues in relation to theological issues and Islamic legal issues such as women’s, social, economic, and political issues. From these views, it can be argued that their aim is to preserve the identity by constructing the concepts of shirk and bidʻah and reinforcing the relatively rigid juristic tradition to become the citadel from the attacks of doctrine seeking to demolish the building of Salafism.
HUNAFA: Jurnal Studia Islamika, Volume 14, pp 377-403; doi:10.24239/jsi.v14i2.490.377-403
Abstract:The ability and willingness to have sufficient property is always desired by people because the generations that have enough supply of life is better than the begging ones. However, the ownership or transfer of property rights in Islam is clearly regulated through inheritance, sale, gifts, grants, endowments, alms, and other lawful means, such as loans and mortgages. The ownership or transfer of property through inheritance is an important part of Islam. Inheritance relationship between offspring was not easily done, both based on the particular culture and religion. Among the Hindus, especially in Bali, girls do not receive inheritance. The same also applies to Western society in England some time ago. In Padang-Muslim society, men do not receive it. In Javanese society, inheritance is divided equally, without differentiating boys and girls. Such inheritance is based on the cultural standards and anthropocentric paradigm (man as the center of everything). Interesting to be studied is the case in which Muslim whose parents or relatives are still non Muslims or live in a non Muslim state, when they died, the children are legally entitled to the inheritance of their parents or relatives, while in the hadith narrated in Bukhari and Muslim explicitly stated the prohibition of inheritance of different religion.
HUNAFA: Jurnal Studia Islamika, Volume 14; doi:10.24239/jsi.v14i1.450.117-139
HUNAFA: Jurnal Studia Islamika, Volume 14; doi:10.24239/jsi.v14i1.457.99-115