Sejak lama, umat Islam terbiasa berwakaf dengan benda tidak bergerak, yaitu berupa tanah dan bangunan. Pihak yang dapat menikmati dan memanfaatkan harta wakaf tanah dan bangunan itu adalah masyarakat yang berdomisili di lokasi sekitar harta wakaf tersebut berada. Seiring dengan kebutuhan dana untuk pengentasan kemiskinan yang sangat besar dan lokasinya yang tersebar di luar daerah para wakif, maka muncullah pemikiran untuk berwakaf dengan uang. Uang bersifat lebih fleksibel dan tidak mengenal batas wilayah pendistribusian. Wakaf tunai biasanya berupa uang tunai yang diberikan oleh pewakaf kepada yang berhak menerimanya melalui tangan lembaga amil zakat, infak dan sedekah
Since established in 2007, Indonesian waqf Board (BWI) which is based upon the mandate of Law No. 41 of 2004 on waqf has had a significant role in the dynamics of waqf management in Indonesia. However, a significant role still has not been completed. The problems of waqf in Indonesia still exist, especially with regard to waqf money (cash waqf). The study is to answer question; how is the role of Indonesian Waqf Board and any effort which should be done, so that the potential of existing cash waqf in Indonesia can grow and develop. From this research, it can be concluded that the role of Indonesian Waqf Board in developing prospects in Indonesia is less maximal. Waqf money can not be mapped on the following things; First, professional nazhir coaching, particularly against individuals or legal entities who are given authority and responsibility as nazhir of money waqf. To improve the quality of human nazhir resources, it can be needed policies that are tentative, or even a steady, so that taste and look for nazhir usefulness. Second, involving strategic business partners engaged in financial services (especially sharia-based), such as banks, cooperatives, Baitul Maal wal Tamwil (BMT) and the like, in the process of promotion and dissemination of money waqf that is being developed by BWI. All that prospects and public confidence in the waqf money at BWI can flourish. Keywords: Cash Waqf, BWI, Nazhir, Law of the RI Number 41 of 2004 on Waqf
his research is focused on the regulation of implementing guarantee for halal products in Indonesia and crucial issues related to them. This research is normative juridical research using a statute approach. The conclusions of this study include; first, there are several crucial issues and topics relating to the implementation of guarantee of halal products in Indonesia, namely halal certification, mandatory and voluntary in halal certification, criminal provisions, and halal product guarantee management institutions. Second, the regulation of halal product guarantees when viewed from the Statute Approach can be analyzed using three legal principles: (1) lex superior derogat legi inferiori concludes that all rules for guaranteeing lower halal products are replaced by the higher ones; (2) lex specialis derogat legi generali confirms that the JPH Law is a specific regulation that regulates the guarantee of halal products; and (3) lex posterior derogat legi priori requires that the rules for guaranteeing halal products as contained in the JPH Law replace the guarantee rules for halal products that existed in the previous period.
<p>One object of charity which to this day is still debated Islamic jurist is zakat profession. There are many things that cause zakat profession are legally without a strong foundation in Islamic legal tradition, including; existence of zakat profession has never been practiced by the Prophet at the time he was still alive, it makes the existence of this zakat profession be considered ahistorical in Islamic law. Even NU, which is listed as a major Islamic organizations, have not decided the concept of zakat profession that has become the lifestyle of the upper middle-class Muslims in Indonesia. Other facts show that the practice of this profession charity raised in Indonesia after the emergence of Yusuf al-Qardlawi book entitled <em>fiqh al-zakah</em>, which is one of the points of study is obligatory zakat for Muslims profession. So the facts mentioned above, this study is important to do.</p> <p>Therefore, the wishes expressed in this study are; how the method istinbath charity law profession perspective of Yusuf al-Qardawi? And what are the implications of these ideas to the output object development of zakat in Indonesia?</p> <p>This study concluded that, the method used by Yusuf al-Qardawi in beristinbath to determine the basis of the profession zakat is obligatory for every Muslim is qiyas method, provided that: <em>Maqis 'alaih</em> it is charity gold and silver; <em>‘illat</em> it is growing (<em>al-nama</em>'); legal obligation for the profession zakat worth with gold-silver or gold as mandatory alms-silver; and his charity far'u profession. While the implications arising from the results of istinbath method as mentioned above for object development of zakat in Indonesia is, that the object of zakat in Indonesia, which was originally based solely on the object based charity that conventional classical fiqh (gold-silver zakat, agricultural-crops, animals etc.), toward the object charity in the field of occupations and professions that grow and thrive in the modern era, such commissioners, advocates, public accountants etc.</p>
This study aims to find out about the zakat profession (tithe income) in Islamic view (Islamic law). This research is qualitative descriptive. This study included literature to examine the written sources such as scientific journals, books referesni, literature, encyclopedias, scientific articles, scientific papers and other sources that are relevant and related to the object being studied. As for the object of study of this research is in the form of texts or writings that describe and explain about the profession zakat (tithe income). Results from this study is obligatory of Zakat profession together with the charity business and other income such as agriculture, livestock and trade. Limit nisab wealth derived from the business professions can be equated with charity nisab plant yield is 5 wasaq (about 750 kg of rice), with the obligation of zakat 5% or 10%, and is payable when earning achievements, rewards or wages of the profession. For kind of professions such as doctors in hospitals, teachers or lecturers who only received a fixed salary of the workings of government agencies, likened nisab nisabnya with gold and silver, which is 93.6 grams, with the obligation of zakat 2.5 percent, which is issued every one years, and having expended costs of basic necessities.
This research was focused on the regulation of halal product assurance implementation in Indonesia on statute approaches study and the crucial issues associated with it. In the context of providing halal product assurance implementation, regulation is the basis of legality for all elements of the state in organizing the State. Before the emergence of the Halal Product assurance (JPH) Law, there were many regulations relating to the assurance of halal products. In forming a regulation, there are crucial issues/topics that suck up a lot of public attention, so that it can influence a policy that will be ratified. The conclusions of this research included; first, there were several crucial issues and topics related to the implementation of halal product assurance in Indonesia, they were; (1) halal certification/labeling; (2) mandatory (obligation) or voluntary in halal certification; (3) criminal provisions; and (4) halal product assurance management institutions. Second, halal product assurance regulations when viewed from the Statute Approach can be analyzed using three legal principles, consisting of (1) the principle of Lex Superior Derogat Legi Inferiori concluded that all halal product assurance rules that have a high position must replace all lower halal product assurance rules. (2) The principle of Lex Specialis Derogat Legi Generali confirmed that the Halal Product Assurance (JPH) Law was a specific regulation governing the assurance of halal products. This Halal Product assurance (JPH) Law replaced the previous halal product assurance rules; and (3) the principle of Lex Posterior Derogat Legi Priori required that the halal product assurance provisions contained in the Halal Product assurance (JPH) Law replaced the existing halal product assurance rules in the previous period.
This library research intends to identify the foundation and pattern of the Islamic tolerance paradigm that is made by KH. Ahmad Shiddiq in responding to life of life in Indonesia. This type of normative-philosophical research uses the theory of analysis in the form of a typology of religious attitudes (exclusivism, inclusivism, pluralism, eclectism, and universalism). The five typology will be used to identify the foundation and pattern of Ahmad Shiddiq’s paradigm about Islamic tolerance. This research data collection technique uses documentation techniques. Data analysis of this study through three stages in the form of data reduction, data presentation, and conclusion. The results of the study concluded that the foundation of the Islamic tolerance paradigm KH. Ahmad Shiddiq in responding to the pluralism of the life of the Indonesian people can be found in the two big ideas that he made, namely the idea of ukhuwah and society. In this case, there is a tendency for the pattern of the Epistemological Exclusivism of KH. Ahmad Shiddiq, namely making the foundation of the Islamic teachings in formulating the idea of ukhuwah in the form of Islamic values of Islamiah, Ukhuwah Watonis, and Ukhuwah Basyariah. Meanwhile, the foundation of Islamic teachings in the idea of society in the form of the value of tasamuh, tawasuth, tawazun, and amar makruf nahi munkar. Whereas in the axiological aspects there is a tendency of KH. Ahmad Shiddiq universalism, which is in the objectivity of the idea of ukhuwah and society in the reality of pluralism in Indonesia through various attitudes. First, the accommodation attitude, in the form of willingness to accommodate a variety of opinions (aspiration) from various parties. Second, selective attitude, which is to sort out which is useful and not useful. Third, integrative attitude, namely the willingness to harmonize, record and balance the variety of individual interests, minority groups and majority.
Islamic Shari'ah functioned by God as a deterrent to evil. Jurisprudence of Jinayat in Islamic law recognizes three kinds of punishment for a crime committed by a person; Qishah, hudud and ta'zir. The determination of punishment is not merely a revenge, but rather a goal to create a deterrent effect or shock to create a calm and peaceful society situation as the message contained in the word hayah which means a peaceful life. This paper aims to reveal the concept of punishment in the crime of corruption in the eyewear of Jinayat jurisprudence. Through literature review it can be concluded that the sanction of corruption is ta'zir, which is adjusted with the judge's decision based on the level of corruption that has been done. Sanctions in the form of ta'zir vary from mild to severe enough to recall corruption with a complex social impact. The ta'zir sanctions that can be given to the perpetrators of corruption are; Imprisonment, defamation, material fines to death penalty.<br />---<br /><br />Syariat Islam difungsikan Allah sebagai pencegah kejahatan. Fikih Jinayat dalam syariat Islam mengenal tiga macam hukuman atas kejahatan yang telah dilakukan oleh seseoorang; qishah, hudud dan ta'zir. Penetapan hukuman tidak hanya sekedar pelampiasan dendam, namun lebih pada tujuan untuk menimbulkan efek jera atau shock terapy agar tercipta situasi masyarakat yang tenang dan damai sebagaimana pesan yang terkandung dalam kata hayah yang artinya kehidupan yang damai. Tulisan ini bertujuan untuk mengungkap konsep hukuman dalam kejahatan korupsi dalam kacamata fikih Jinayat. Melalui kajian literature dapat disimpulkan bahwa sanksi tindak pidana korupsi adalah ta’zir, yaitu disesuaikan dengan keputusan hakim berdasarkan kadar korupsi yang telah dilakukan. Sanksi berupa ta’zir ini beragam dari yang ringan hingga yang cukup berat berat mengingat korupsi membawa dampak sosial yang kompleks. Sanksi ta’zir yang bisa diberikan kepada para pelaku korupsi adalah; penjara, pencelaan, denda materi hingga hukuman mati.
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