To this date, technology has seen massive development and, it influences the economic field. The emergence of the metaverse has become an inevitable part of this progress. It serves as a digital world, wherein everyone is able carry out a vast array of activities, including economic transactions. The emergence of digital assets, that has encouraged serious discussion, is inseparable from Islamic law. One of these digital assets is the Non-Fungible Token (NFT). This digital asset is the focus of this study, specifically on for its posibility to become material guarantees. This article employs a qualitative study and presented descriptively through the perspective of Islamic law. The result of this study is that the pledged-object (marhūn) has certain primary conditions for it to be functional, namely: it is a property, it has value, it can be traded, its asset value is clearly known, and it is actually owned by the guarantor (rāhin). The concept of marhūn as a valuable object ultimately answers that NFT is included in the marhūn category. However, since NFTs do not stand alone if the transaction currency used in the metaverse is cryptocurrencies, al-rahn transactions using NFTs become less favourable considering Cyrptocurrency is deemed to be haram.
Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three parallel concepts: maslahah, ra’iyyatul imam manūtun bil maslahah, and sadd al-zarī’ah, all of which allow valuable considerations based on actual problematic issues of underage marriage.
This article examines the legal history of the application of Al-Rahn in two countries: Malaysia and Indonesia. Malaysia and Indonesia have similar roots in the implementation of Islamic law during the emergence of Islamic kingdoms in the Nusantara. However, these two countries developed different legal systems after colonialism: Britain colonized Malaysia and the Netherlands colonized Indonesia. These two phases, the Islamic kingdoms and the colonization of two European nations (Britain and the Netherlands), also influenced the historical development of the application of Al-Rahn to date. This study was conducted normatively with a comparative approach to legal history. This study’s qualitatively processed data are secondary data in statutory documents, books, and journal articles related to Al-Rahn. Comparatively, it was found that Al-Rahn was legally applied in these two countries during the development of the Islamic kingdoms, but then receded and even sank during colonialization. The influence of European law, whether Common Law or Civil Law, was so deeply rooted that it took a while to reach the stage where Al-Rahn was set into motion again. However, the practice of Al-Rahn, both in Malaysia and Indonesia, is yet to be accommodated under a single legal basis, rather, it is scattered in several different laws and regulations.Abstrak: Artikel ini mengkaji sejarah hukum penerapan Al-Rahn di dua negara, yaitu Malaysia dan Indonesia. Malaysia dan Indonesia memiliki akar penerapan hukum Islam yang sama pada masa berseminya kerajaan-kerajaan Islam di wilayah Nusantara. Namun demikian, kedua negara ini memiliki corak sistem hukum yang berbeda pasca kolonialisasi; Inggris menjajah Malaysia dan Belanda menjajah Indonesia. Dua fase tersebut, kerajaan Islam dan kolonialisasi dua Bangsa Eropa (Inggris dan Belanda), turut serta mempengaruhi perkembangan sejarah penerapan Al-Rahn sampai saat ini. Kajian ini dilakukan secara normatif dengan pendekatan komparasi sejarah hukum. Data yang diolah secara kualitatif dalam penelitian ini adalah data-data sekunder berupa dokumen perundang-undangan, buku, dan artikel jurnal berkaitan dengan Al-Rahn. Secara komparatif ditemukan bahwa Al-Rahn secara legal diterapkan di dua negara ini pada masa kerajaan Islam berkembang, namun kemudian surut dan bahkan tenggelam semasa kolonialisasi datang menjajah dua negara tetangga ini. Pengaruh hukum Eropa, baik Common Law atau English Law, sangat kuat sehingga membutuhkan waktu lama sampai tahap di mana Al-Rahn dipraktikkan kembali. Walaupun demikian, praktik Al-Rahn, baik Malaysia dan Indonesia, masih belum memiliki gantungan hukum yang tunggal, namun masih terpencar-pencar di beberapa perundangan dan peraturan.
The coronavirus disease 2019 (COVID-19) pandemic has caused a global impact. It also affected Indonesia. There had been tens of thousands of positive cases and thousands of deaths. Many paramedics also died to heal people from this disease. The Indonesian government determined this condition as a Social Emergency Condition and issued the Governmental Decree No. 21 of 2020 on Large-Scale Social Restrictions (LSSR) in 2020 (and Community Activity Restriction Enforcement [CARE] in 2021 with the Instruction of the Minister of Internal Affairs on Emergency CARE in Java and Bali islands). The Instruction of the Minister of Internal Affairs No. 15 of 2021 regulated the Application of the Emergency CARE due to the COVID-2019. In its implementation, the LSSR are ineffective in preventing the spread of the COVID-19 as there are some anomalies in the field, as this law is not strictly enforced. The spread of the COVID-19 becomes uncontrollable as there are no strict sanctions against violators of the LSSR. Meanwhile, the law-enforcing apparatus tend to ignore violations. This condition is different from the application of the CARE as it was more effective in decreasing the number of Covid-19 cases. This is because its implementation is equipped with supervision and strict sanctions. The strictness and the seriousness in applying the CARE yielded positive results, namely, the significant decrease of COVID-19 sufferers.
The arrangement of fixed-time employment agreements stipulated in the laws and regulations of the Republic of Indonesia is considered ineffective. One of the primary reasons is that some existing provisions are deemed inappropriate for labor-market needs. Several articles concerning work agreements have been removed from the Job Creation Law, but implementation issues remain. Both are concerned with the fulfillment of workers' rights and the types of work that are permissible for workers with specific worker statuses at specific times. This research uses a normative juridical method with a statutory and conceptual approach. The result of analysis indicates that any employment agreement must include legal awareness provisions. This is done to provide a more concrete measure of legal awareness, because everything in the employment agreement is the result of an agreement reached by both parties. If there are impediments to the exercise of rights that are not the result of deliberate reason, the settlement has also been arranged using local wisdom in the form of deliberation between the parties. If the provisions of the laws and regulations regarding the fulfillment of the parties' rights cannot be run optimally, this can be a solution to create harmonious industrial relations. The most important solution to establishing the rule of law in creating a harmonious working relationship is legal awareness in the implementation of fixed-time employment agreements.
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