MEMBACA KEMBALI EKSISTENSI HUKUM ISLAM DALAM KERAGAMAN HIDUP DAN KEHIDUPAN

Islamic law contains high elasticity which can be traced back from the principles of its decision making. The elasticity occurs because allah as the creator of the law does not take for granted all cases. Most of the nash embraces general principles and universal law. Nash which relates to partial specific cases are also open from broad interpretation and understanding, the utility of the law in its application and facility. As the results, many mujtahids never come to a single unanimous decision in viewing a case or problem.Keywords: The Existence of Islamic Law, Elasticity, Ijtiha

The Effects of the Global Financial Crisis on Employment Arbitration: Evidence From the Securities Industry Discrimination Complaints

This paper examines how the Global Financial Crisis (GFC) 2008-09 influenced the usage and outcomes of discrimination arbitration cases for employee plaintiffs in the securities industry. It casts light on whether arbitration is able to serve as an appropriate and preferable workplace dispute resolution system during a macroeconomic crisis when aggrieved employees are most vulnerable and financially powerless. Macroeconomic recessionary periods are characterized with an increase in employment discrimination claims. As the labor market becomes slack during an economic recession, it becomes easier for firms to indulge in discriminatory behavior. In such a scenario, employee-plaintiffs desire an inexpensive, faster, and efficient dispute resolution process. As arbitration is characterized to have all these features, it can be expected that if given the option to choose between arbitration and litigation, employee-claimants would lean towards arbitration. Using the securities industry data from the Financial Industry Regulatory Authority (FINRA), this paper examines whether this is what happens in practicality. The financial industry serves as an ideal means of conducting this analysis because disputants have the option to mutually choose between arbitration and litigation to resolve their discrimination cases. The paper also examines how the outcomes of discrimination arbitration cases varied during the recession. Results are interpreted to answer questions regarding whether arbitration cases rise during a recession; what happens to arbitrations’ employee win rate during a recession; does arbitration provide higher or lower compensatory award amounts during a recessionary period? All these questions are important and valuable in terms of assessing whether arbitration is a viable and preferable option for employee-plaintiffs during an economic crisis, a time when claimants need justice the most. Undesirable findings related to arbitration may just serve as another ammunition for opponents of arbitration. Adverse results would be consequential for those who want to continue expanding arbitration access at the expense of the court system

ZAKAT DALAM PERSPEKTIF MAQASHID AL-SYARIAH

Zakat as one of the pillars in Islam provides a alternative of socialprotection. Paying for zakat is not only a manifestation of worshippingAllah but also a social action to support for the improvement ofpeople’s life quality. Zakat is not a goal but it is a means to achievesocial justice and a means to reduce the number of poverty as well.Therefore, good management of zakat under the principles of syariahis a must.Kata kunci: Zakat, Pengeloaan Zakat, Maqashid al-Syaria

Penalaran Ta'lili dalam Hukum Islam: Telaah Corak Penalaran Hukum Islam dalam Upaya Penerapan Maqasid al-Shari'ah

?Ijtih?d is the third legal source of Islam whose object is all things about which the Qur?an and the Sunnah are silent (m? l? na?? ?fih). From the perspective of the U??l al-Fiqh, there have been methods of ijtih?d put forward by the ?Ulama, which include qiy?s, isti?l?h, istish?b and ?urf. These methods in the final analysis, should be based on what is commonly known as maq??id al-shar??ah (human interest) when put into practice. When ijtihad is undertaken furthermore, two modes of thinking are normally born out of maq??id al-shar??ah, one of which being ?and this is the focus of our analysis- the ta?l?l? mode of thinking. The ta?l?l? mode of thinking is about discovering the reasons (?illah) behind certain religious rulings. It comes into existence as a result of the fact that the texts of the Qur?an and the Sunnah always mention the reasons when issuing religious rulings. And this has become the starting point of the mujtahids in resolving various legal issues that they face. They start by discovering first the reasons and then proceed to issue the ruling. As far as the science of U??l al-Fiqh is concerned, qiy?s and istihs?n belong to this ta?l?l? mode of thinking

KAJIAN FIKIH KONTEMPORER: SEBUAH REKONSTRUKSI AWAL

Principally, any knowledge which is systematically codified andcommunicated either in oral and written form has philosophicalbasis. The basic assumption of a scientist which is followedby scientific steps of research such as using correct approach,employing theoretical framework, checking appropriatevalidity of information, finding the relationship between subjectand object is central to the structure of knowledge includingscience, humanity, social, and religion. As such, knowledge hascertain structure by which it opens to further investigation anddevelopment.Kata kunci: Kajian Fikih Kontemporer, Metode, Pendekata

The Implementation of Supreme Court Regulations Number 1/2016 Concerning The Procedure of In-Court Mediation on Economy Sharia Dispute (A Case Study in Blitar Religious Court)

The sharia economic dispute resolution process in Indonesia has two paths which can be taken by litigants, namely litigation in court and non-litigation. This research was motivated by sharia economic dispute cases handled by Blitar Religious Court which were carried out through a mediation but failed. The failure of this mediation process and the factors behind the failure are important issues to be studied. Consequently, Supreme Court Regulation No. 1/2016 becomes important to be used as the basis of analysis, whether this regulation has been implemented or not. Therefore, this study aims to describe and analyze the implementation of the Supreme Court Regulation Number 1/2016 concerning the procedure of in-court mediation on economy sharia disputes in Blitar Religious Court, along with various obstacles and solutions

PENGELOLAAN ZAKAT DI BADAN AMIL ZAKAT NASIONAL KABUPATEN TULUNGAGUNG DALAM PERSPEKTIF MAQASHID AL-SYARIAH

Why BAZ cannot operate optimally is due to two factors. First, as amatter of fact, this institution is just passively waiting for the zakatpayers. Second, the zakat paid through this institution is limited tothe zakat of income from certain offices, not from massive individual.In addition, it has been a long tradition that the Moslems do not paytheir zakat fithrah through this institution. Zakat fithrah is commonlypaid for the receivers’ daily consumption. Considering the problemsabove, some initiatives must be taken. First, institutionally BAZmust be empowered by setting up zakat picking units (UPZ) in everymosque and these units are managed professionally to serve thezakat payers. Second, the zakat must be managed and distributed tothe right receivers for the productive purposes, not the consumptivepurposes. Since the zakat is still distributed for the consumptivepurposes, from the perspective of maqashid al syariah it can beconcluded that the management of zakat so far has not yet achievedits fundamental purpose to empower and to prosper the poors andthe weaks.Kata kunci: Pengelolaan, Pengumpulan dan Pendistribusian Zakat,Maqashid al-Syaria

POLIGAMI DI DUNIA ISLAM

This paper compares the legal verses of polygamy in Saudi Arabia, Pakistan, and Indonesia. Apart from the controversy considered as detrimental and degrading to women, term of polygamy is not as easy as Westerners think in the license process. This study compares legal verses, licensing procedures, fines, either imprisonment or punishment, to husbands who violate the applicable regulations. Therefore, this research serves as evidence talthough polygamy is permitted, the procedures and requirements regulated by Saudi Arabia, Pakistan, and Indonesia contain elements of protection and respect for women. The method is qualitative with the library type. This research is classified as a co-comparative approach, which is a study that compares one legal case between several countries. The results are: 1) in Saudi Arabia, polygamy is still based on the classical Islamic fiqh school of Imam Hambali. Therefore, polygamy is not so much a concern in parliament that there is no legal reform there. As a result, polygamy is very free and tends to harm women. 2) in Pakistan, polygamy is also based on Islamic teachings, it's just that there is a legal reform that states that there must be written permission from the Arbitration Council if a husband wants to do polygamy. 3) in Indonesia, polygamy is very complicated, because basically the Marriage Law No. 16 of 2019 concerning Marriage contains the principle of monogamy. In addition, polygamy can be carried out by the husband if  he has received permission from the wife and the board of judges in court

Workplace alternative dispute resolution: usage proclivity and outcomes

This dissertation presents two different studies to examine factors that influence workplace Alternative Dispute Resolution (ADR) usage and its outcomes. The first study analyzes survey data from Fortune 1000 companies to examine how their preferences to use ADR is influenced by their perception of the third-party neutrals’ qualifications. It also explores how the hiring source of third-party neutral is associated with employers’ inclination to use ADR. Third-party neutrals, including arbitrators or mediators, are one of the most important actors in ADR – they play a vital role in resolving a conflict within an ADR system and influence dispute outcomes. Therefore, it can be inferred that firms might show a higher preference for ADR if the neutral hired is qualified. Third-party neutral sourcing preferences are also likely to vary as different sources can be expected to provide differently qualified neutrals. Finding support for these expectations, this study suggests that third-party neutral quality serves as a meaningful aspect that influences firms’ inclinations to use ADR. Neutral quality can therefore be interpreted to have an implication for expanding ADR at the macro level. The second study focuses on employment discrimination claims to study how case characteristics and outcomes vary across arbitration and litigation in the U.S. securities industry. Arbitration is compared with litigation because arbitration is a quasi-judicial process that just like litigation, is based on binding resolutions. Moreover, arbitration is also used to handle statutory allegations which makes it important to study whether arbitration is as good, better, or worse, compared to litigation. When arbitration got legally institutionalized in the nonunion setting following Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991), the Supreme court clearly stated that arbitration is acceptable ‘…so long as the prospective litigant effectively may vindicate his or her statutory cause of action in the arbitral forum’. This was a very specific condition, known as the ‘effective vindication test of arbitration’ that indicated that arbitration should be able to effectively vindicate statutory claims for its usage to be warranted.. The paper contributes to determining whether arbitration meets the ‘effective vindication’ condition by contrasting case characteristics and outcomes of arbitration and litigation. Meeting the requirement of effective vindication is important for arbitration and ADR to expand and gain acceptance amongst scholars, policymakers, and users

Hasil Penilaian Sejawat Sebidang atas artikel berjudul:The Political Meaning of the Hijab Style of Women Candidates

Penilaian dari Dr. Kutbuddin Aibak, MHI: Karya yang luar biasa, idenya sederhana, argumentasinya jelas dan mudah dipahami, perlu ditambah lagi peraturan hukum terbaru tentang penggunaan hijab di kancah politi