This paper aims to explain the practice of pawning in Sariek Laweh, the law on the use of land pawning objects in Minangkabau from the perspective of Islamic scholars, and the solutions of pawning. This research is a field study using a normative approach, which is analyzed using a comparative descriptive method. The results of the study are: that in general, pawning in Minangkabau is carried out with the ability to use the object of land pawning and to take all the proceeds by the pawn holder. This applies until the mortgagee is able to pay off the debt. Scholars have different opinions regarding the use of pawn objects by pawn holders, the majority (jumhur ulama) forbid it. The second opinion (minority) says that it is permissible to take advantage of the pawn object, but there are still provisions in this matter. Based on the findings of this study, the practice of pawning in Sariek Laweh is not in accordance with the provisions of the Islamic Sharia which are seen from various schools of thought, apart from the element of exploitation of the pawn holder, the mortgagee does not receive any compensation from the goods used, other than fixed loan funds which must be paid according to the amount of the initial loan, without any reduction, also because there are conditions for taking benefits included in the contract, all schools of thought agree that this practice is not permissible. Regarding the pawning solution, it is in
The purpose of this study is to clarify Islamic perspectives on human rights and democracy. The research method employed is a literature study with a qualitative approach that is examined using content analysis. The results of the research show that, within certain limits, Islam upholds the implementation of human rights that must be obtained by everyone. In Islam, there are concepts of al-usia al-daruriyah (human needs) and al-usia al-hajjiyah (human interests) that humans must fulfill and defend, such as the right to life (hifz al-nafs), the right to religious freedom (hifz al-din), the right to free thought (hifz al-'aql), property rights (hifz al-mal), and the right to have offspring (hifz al-nasl). Likewise, with democracy, Islam upholds democratic principles such as al-musawah (egalitarianism), al-hurriyah (independence), al-ukhuwwah (brotherhood), al-Jadi (justice), and al-syura (deliberation). Even these principles are in line with the basic concepts of Islamic teachings to a certain extent, even though in practice, not all such democracies are justified. The parameters of democracy (including the concept of human rights) are that it is accepted by Islam as long as it does not contradict the essential principles of Islam.
This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.
After the terrorist attacked on the twin towers of Word Trade Center, USA, 9 September 2001, the issue of religious radicalism became a serious international concern. Terrorists suspected of carrying certain religious symbols have put religion as the accused party to be responsible. Of course the action did not stand alone. Various variable lighter, should also mentioned why the attitude or behavior of a religious people to be radical and very likely to cause terror. The following study attempts to uncover the background of radicalism in the name of religion appears on the surface. Certainly internal and external factors must be put forward.
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