Jurnal Hukum Islam

Islamic Philanthropy and Public Policy: A Study of Zakat Fatwas from the New Order Era to the Post-Reform Era

Moh. Mufid . — 2023-12-11

The ambiguity of the relationship between the state and religion in Indonesia causes the unique dynamics experienced by the legislative process of Islamic law in Indonesian laws and regulations. In this context, the Indonesian Ulama Council has a strategic position to encourage the legislative process of Islamic law into state law, including zakat norms. This paper discusses the legislation of Islamic philanthropic fatwas in state law that regulates zakat management in Indonesia, which is manifested in public policy. This research is normative research with a philosophical and historical approach. The research data used were the 22 fatwas of the Indonesian Ulama Council regarding zakat. The research results showed that Islamic philanthropic fatwa norms contribute significantly to public policy interventions that are oriented toward empowerment and community welfare improvement. This paper argues that the relationship pattern of the Indonesian Ulama Council's fatwa regarding zakat and positive law is as follows: first, sometimes a zakat fatwa strengthens state policies for the public benefit (ta'yīdī), and second, it becomes legal materials in formulating and making public policies (insyā'ī). Thus, the Islamic philanthropic fatwas of the Indonesian Ulama Council can become a tool of social control and a tool of social engineering for the Indonesian Muslim community.

Epistemology of Fatwas on Digital Transaction in Indonesia

Akmal Bashori — 2023-12-15

The shift from conventional business transactions to digital business transactions, especially for the Muslim community in Indonesia, necessitates a fast and reactive response from current laws. The theoretical argument that has been developed thus far is that the fatwa is the most appropriate legal tool for Muslim communities to respond to the rapid development of digital business. Nevertheless, do the existing fatwas fulfill legal needs as expected in this era of digital transactions? Hence, this paper discusses digital transaction fatwas within the framework of Islamic legal epistemology, especially fatwas from the National Shariah Council–Indonesian Ulama Council. The research method uses normative juridical with a conceptual and historical-uṣūliyah approach. This research finds that the contemporary fatwa epistemology of the National Shariah Council–Indonesian Ulama Council in terms of digital transactions employs istiṣlāhī arguments. This is shown by the proposition that fiqh rules are more dominant than textual ones. Moreover, the arguments in the fatwa of the National Shariah Council–Indonesian Ulama Council provide signs of benefit as the estuary of maqāṣid syarī'ah. The consistency of the use of legal methodology utilized by the National Shariah Council–Indonesian Ulama Council in fatwas on digital transactions is shown in the structure and utilization of al-nuṣūṣ al-shariah arguments, the opinions of ulama, and the rules of fiqh, which are expanded from the five rules of fiqh into eight rules. These fatwas are reliable and valid in terms of dictum and method, thus supporting the development of the current digital transactions.

Legal Politics of the Existence of Fatwa in Islamic Financial Institutions: Evidence from Indonesia

Heris Suhendar — 2023-06-17

The existence of the DSN-MUI Fatwa cannot be separated from the political situation of Indonesia and the legal politics of the formation of Islamic economic regulations. At the end of Soeharto's presidency, the government began to listen to the aspirations of Muslims to incorporate sharia values into legislation. This research aims to examine the background of the issuance of Fatwa DSN-MUI through a legal political approach, and examine the legal position of Fatwa DSN-MUI in Islamic financial institutions. The type of normative research whose object of study is Fatwa DSN-MUI using statute approach, conceptual approach, and historical approach. Sources of legal and non-legal materials were obtained from literature and documentation studies. The existence of Fatwa DSN-MUI is caused by two factors, namely: First, the existence of regulations that require every Islamic financial institution to carry out its business activities in accordance with the Fatwa DSN-MUI; and Second, the development of product innovation in every Islamic financial institution that requires Fatwa DSN-MUI as norms and operational guidelines that govern it. Therefore, the position of Fatwa DSN-MUI in legal substance is morally and legally binding for all Islamic financial service business actors. The binding of the DSN-MUI Fatwa is due to the existence of orders from the legislation. This is differentiates the Fatwa of DSN-MUI from other religious fatwas.

Inappropriate Behavior in Buying and Selling Usernames on Twitter: An Islamic Law Perspective

Auliya Ghazna Nizami — 2023-12-15

Transformations in the digital world allow illicit transactions such as buying and selling usernames, which are currently popular among social media users, especially on Twitter. The more people who use Twitter, the more usernames are used, and the system will automatically reject new user requests with usernames that have already been used. This research examined username buying and selling transactions and inappropriate behavior by users on Twitter. This research used qualitative methods with an approach to Islamic legal norms. Data were obtained from document studies and interviews with sellers and buyers of usernames via Twitter direct messages. The results of the research showed that buying and selling usernames are an illegal and prohibited sale because many inappropriate behaviors, such as hacking, are found, resulting in nonfulfillment of the conditions for the objects bought and sold. Islamic law stipulates that traded objects must meet requirements such as perfect ownership, clear, useful, and halal. This means that there is no element of gharar in every buying and selling transaction because it can cause disputes between the seller and the buyer.

The Norm of Rate Fixing of Islamic Banks Based on Conventional Bank Rates: Evidence from Indonesia

Agus Fakhrina — 2023-12-18

Interest rate fixing is a monetary tool used to control the money supply and hence inflation by the central bank. However, it cannot be applied to Islamic banks due to the prohibition of interest in Islam. This paper examines whether the central bank may implement rate fixing for Islamic banks, given that interest is forbidden, and the fixing of prices by the government is also generally prohibited, according to Hadith and the consensus of Islamic jurists. A documentation study was conducted to comprehend the viewpoints of classical and contemporary Islamic jurists and the National Shariah Board−Indonesian Ulama Council's fatwa. The analysis used Islamic law methodology (uşūl fiqh), which included combining the opinions of classical and contemporary Islamic jurists through the al-jam’u and the legal maxim approach, "al-‘ādah muhakkamah" approach to the custom practiced by Islamic banks, and the maqāşid approach. The research findings illustrate that Islamic banks have been using rates to calculate profits as the National Shariah Board−Indonesian Ulama Council accepts the notion of the time value of money, provided it is not utilized in loan transactions. This condition could enable the central bank to set the rates for Islamic banks, which is an effective tool for controlling the money supply and achieving economic stability, thus contributing to the realization of community welfare (maslahah 'ammah).

Islamic Law Challenges in Addressing Human Trafficking and Sexual Exploitation

Nur Insani — 2023-12-22

Human trafficking and sexual exploitation remain complex global problems. Islamic law, as one of the legal systems in the world, has a strategic role in participating in overcoming this problem. However, the Islamic legal norms implementation requires support from the state and society. This research discusses the strategic role and challenges of the law in overcoming human trafficking and sexual exploitation. The research method used normative Islamic law with a philosophical approach. The analysis technique used prescriptive analysis, with the analysis process using Islamic legal reasoning. The research results show that Islamic law has a strategic role in resolving the problem of human trafficking and sexual exploitation. The argument is that, philosophically, Islamic law emphasizes the importance of maintaining human honor and dignity, while theoretically, Islamic law recognizes two main concepts in punishment, namely hudud and ta'zir. Hudud is a punishment determined by Allah and has clear rules in the Quran and Hadith. Meanwhile, ta'zir is a punishment determined by a judge for the benefit of society. The challenges of Islamic law in overcoming human trafficking and sexual exploitation are a lack of understanding of Islamic legal norms, which requires human values and justice; Islamic law is not implementable; and there is a perception that the principles of Islamic law can only be applied in Islamic countries. Therefore, global Muslim countries and communities are the main actors in maximizing the application of Islamic legal principles in overcoming human trafficking and sexual exploitation.

Legal Determination of Husband's and Wife's Disobedience in Shia Law and the Islamic Law Compilation: A Comparative Study

Amirul Bakhri — 2023-12-24

Disobedience between husband and wife (nusyuz) in marriage remains a problem in contemporary Muslim society today. The theoretical argument developed so far is that there are different provisions regarding norms of disobedience between husband and wife in marriage in Islamic society. This research analyzes the problem of disobedience between husband and wife called nusyuz by comparing two different laws, namely the Islamic Law Compilation and the Shia Tafsir book by Nashir Makarim al-Syirazi, as the basis for Shia Law in Iran. The selection of these two laws is based on the argument that they have differences regarding the concept of nusyuz. The research method takes normative Islamic law. The approach uses a legal synchronization, conceptual, comparative, and historical approach. The research results show that the compilation of Islamic law only regulates the nusyuz of wives towards husbands, including punishment for wives, and not vice versa. Meanwhile, Shia law regulates the nusyuz carried out by both husband and wife, including punishment for each husband and wife who commits nusyuz. The basis of legal philosophy used in determining Shia law is equality of justice between humans in the law (murā'āt al-'adālah wa 'adamu tafrīq baina al-nās), as in the Shia Tafsir book by Nashir Makarim al-Syirazi. Therefore, it is necessary to reinterpret the nusyuz law to update Islamic law in the contemporary era.

Implementation of Shariah Hospital Management Fatwa and Good Corporate Governance Principles: Another Fact from Shariah Hospital

Abdul Kholiq Syafa’at Syafaat — 2023-12-26

The development of Shariah hospitals must be accompanied by good corporate governance standards based on Shariah principles. Instead, the Fatwa of the Indonesian Ulama Council has become a guideline for Shariah hospital governance but is still not well implemented by the majority of Shariah hospitals in Indonesia. This research analyzes the implementation of the Fatwa of the Indonesian Ulama Council regarding Guidelines for Organizing Hospitals Based on Shariah Principles using indicators of Good Corporate Governance principles. This research used qualitative methods and approaches. Data collection used observation, interviews and document studies. The research location was the East Java Province Shariah Hospital. The research results show that the implementation of the Fatwa of the Indonesian Ulama Council regarding Shariah-based hospitals management in East Java Province has been effective. The fulfillment of the elements of the principles of Good Corporate Governance proves it. For example, the principle of transparency emphasizes a one-stop service with Islamic moral and ethical foundations. The principle of accountability in Standard Operating Procedures is based on the value of devotion to Allah SWT. The principle of responsibility prioritizes honesty and guidance to patients and internal hospital staff, in line with the principle of monotheism. The principle of independence is realized in each unit in the hospital, not to dominate each other, and there is no intervention from other parties, in line with the principle of ridha.