Perjanjian Syariah pada Lembaga Keuangan Syariah

Although Syari?ah is considered by many as the ideal form of social?as well as financial- order, it is nonetheless not immune from practical and perhaps technical problems, so to speak. With regards to the Syari?ah finance, cases on the ground show that transaction involving dispute by different parties does often occur. This dispute has nothing to do with the Syari?ah itself indeed, but with the way it is applied. Syari?ah however anticipates this dispute to happen, concerning which this paper is interested. It is concerned with discussing this anticipation and in what way does Syari?ah offer the way-out to resolve such a dispute in matters relating to financial contract. The paper argues that the ability of such system as Syari?ah to resolve problems and offer solution for disputes can be an indicator whether the system can be judged as an ideal or not. One of the techniques that the Syari?ah has offered in dealing with dispute is what it calls Musyawarah (negotiation); a technique that in fact has been regulated in the Indonesian law. This technique will also be investigated in this paper

The Politics of Zakat Management in Indonesia: the Tension Between Baz and Laz

The new Act of zakat management No. 23 Year 2011 has changed the position of private zakat management (LAZ; Lembaga Amil Zakat) which has no clear relationship with semi-governmental zakat management in the Act of Zakat Management No. 38 year 1999. This paper found that many debates arise especially on the position of private zakat management that has to work under the coordination of semi-governmental zakat management. Many data has shown that private zakat management has reached tremendous achievement compared to the semi-governmental zakat management. Based on this fact, this paper argues that zakat institutions in Indonesia needs to be managed properly without sacrificing the social capital i.e. the participation of private zakat management. This paper proposes that private zakat management needs to be given more spaces in optimizing the collecting and distributing zakat funds in Indonesia. The answer for this problem is building the regulator body for zakat management in Indonesia

ZAKAT MANAGEMENT IN INDONESIA BASED ON THE LAW NO. 23, 2011 ACCORDING TO MAQASID ASH-SHARI'AH PERSPECTIVE OF IMAMxASHx-xSYATIBIx (W.x790 H/1388)

This study aims to determine the management of zakat in Indonesia according to Law Number 23, 2011 in the perspective of maqasid ash-Shari'ah Imam ash-Syatibi, with normative qualitative research methods carried out by examining the content of the materials used available in libraries and zakat institutions. The results of this study indicate that the management of zakat in Indonesia in Law Number 23, 2011 is not in accordance with the perspective of maqasid ash-Shari'ah Imam ash-Syatibi and the management of zakat in North Sumatra both individuals and companies according to Law Number 23, 2011 also not in accordance with the maqasid shari'ah perspective of Imam ash-Syatibi. Therefore, a review of zakat management regulations is needed to optimize zakat empowerment for both individuals and companies.  Keywords:  Management, Zakat, Maqasid, Shari

INHERITANCE RIGHTS FOR ADULTERY CHILDREN; AN ANALYSIS OF PROSERITY APPROACH TO THE INHERITANCE RIGHTS FOR ADULTERY CHILDREN IN THE ISLAMIC LAW COMPILATION

This research presents the latest information about the inheritance rights of adultery children, analysis of the prosperity approach to the inheritance of adultery children in the Compilation of Islamic Law. The research is presented in a qualitative form with normative legal research type, which aims to investigate the norms of Islamic law to find the rules of behavior that are considered the best and can be applied to provide legal provisions for a case. This research uses a philosophical approach, namely the study of the basic values of Islamic law in answering a legal problem. Furthermore, research makes prosperity theory as an analytical tool in analyzing data. In the end, this research concluded, adultery with biological father has a civil relationship, both in terms of lineage and inheritance. Ownership of lineage relations based on the opinion of Ibn Qayyim al-Jauziyyah, MUI Fatwa, Decision of the Constitutional Court Number 46 / PUU-VIII / 2010. Regarding inheritance, researchers disagree with the Indonesian Ulama’ Council and the Constitutional Court's Decision Number 46 / PUU-VIII / 2010. Researchers believe that the portion received by adultery from their biological fathers is equated with the legal position of inherited children. Researchers see, if the adultery child is given the compulsory testament it becomes something that is ambiguous with the status of the right of adultery with the biological father. One side of the Constitutional Court Ruling Number 46 / PUU-VIII / 2010 confirmed that the adultery child is a child and has a relationship with his biological father, but on the other hand in the case of inheritance is not treated as a child of his biological father. Giving a compulsory will as a scapegoat by the Constitutional Court (government) to adultery children or on family law issues to provide solutions to all marital problems and consequences that do not follow administrative procedures in Indonesia and granting inheritance of inheritance rights is a sanction for adulterers using the theory upside down in Indonesia. Keywords: Adultery Children, Inheritance Islamic Law Compilation, Prosperit

The Effectiveness Of Triple Cooperation Among Government, Industry And University In Developing Student’s Halal Investment Literacy: Case Study UIN Sumatera Utara Medan Indonesia

Indonesia has the largest Muslim population in the world right now. However, the users of halal investment in Indonesian Capital Market products and services in 2017 were still low. Therefore, there are some serious efforts to improve this situation, and one of them is triple cooperation among government, industry and university. This article explores the strategy of triple cooperation among Indonesian government, industry and university in developing students’ literacy level at Halal investment, especially in Islamic capital market products and services. UIN Sumatera Utara Medan is one of the Indonesian Islamic University that has been involved in the triple cooperation program. UIN Sumatera Utara has operated Sharia Investment Gallery and has integrated halal investment products and services in the subject that must be taken by students in the Faculty Curriculum. This article used literacy-level questionnaires. The answer of the respondents then be interpreted with Guttman scale. This article proved that the level of student’s halal investment literacy in general capital market products as well as halal capital market products are closer to correct literacy scale, that is, 85 percent at average after being exposed by the triple-cooperation strategy. This means that the triple-cooperation strategy among government, industry and university has positive impact toward the development of students’ literacy on halal investment in Capital Market in Indonesia