QISTH: Jurnal Studi dan Penelitian Hukum Islam

Kontektualisasi Risalah al-Qadha Masa Khalifah Umar Bin Khattab dan Relevansinya Terhadap Peradilan Agama di Indonesia

Bahrul Ulum, Ibnu Alfin — Mon, 29 Jul 2024 00:00:00 +0700

History proves that the judiciary has existed and been known since time immemorial, in the course of Islamic history, the judicial system has been known since the time of the Prophet Muhammad. In this Treatise there is a lot of legal content and things that we can learn and apply, in the Religious Courts in Indonesia there are many similarities and conformities with the Treatise of Umar which was given to Abu Musa Al-Asy Ari, in fact many scholars quote this Treatise, because when studied in more depth this Treatise can really be used as a legal benchmark and guide to apply, as well as many judges in Indonesia who study and apply it when deciding legal and justice cases. The aim is to find out the extent of the Al-Qadha Treatise and its relevance in Religious Courts when applied from the perspective of one of the books: Religious Court Procedural Law Plus Principles of Islamic Procedural Law in Umar Bin Khattab's Qadha Treatise. This research method is in the library research genre with the aim of researchers being able to find out that the Al-Qadha Treatise is very relevant to Religious Courts in Indonesia, using a qualitative descriptive analysis approach. The results of this research show that Umar Bin Khattab sent a letter to judge Kuffah. In the contents of the letter there are two legal provisions; firstly the procedures of religious courts, secondly the competence of judges. b) During Umar's leadership the system of power was divided into the three parts that we know today (trias politica). c) The concepts in the Al-Qadha Treatise are similar to the Religious Courts in Indonesia. d) Likewise, in his ijtihad, Umar Bin Khattab cannot be separated from the Al-Quran, Ijma, Qiyas and Ra'yu. e) Indonesian Islamic Courts, several points in Umar's letter are in line with Indonesian Court procedures, this indicates that, in fact, the judiciary during the time of Umar Bin Khattab was an Islamic Court, which also applies to Islamic Courts in Indonesia.

Pencatatan Al-Bai’u Di Rumah Makan Pantai Anyer Serang Banten

adrianto — Tue, 03 Sep 2024 00:00:00 +0700

Abstract

Al-bai’u is an exchange goods or exchange goods for money and Execution of trade contracts It requires the consent of both parties. Akad al-bai’u in restaurants Anyer Banten with the seller does not deliver list of pice of food to customers This research uses an approach qualitative and method Analysis normative-empirical of law research and answer issues that arise in the contract al-bai’u in restaurants The research results show that akad al-bai’u in restaurant is allowed, if akad in restaurant Anyer Banten This is done at the beginning, namely when the buyer has finished taking the desired menu So it's counting Price of food set before the buyer eats And the nature of payment in a direct way between sellers and buyers who meet face to face and Akad al-bai’u in restaurant Anyer Banten is in the form of debts and receivables which must be recorded as stated in the statement of Allah which is written in surah al baqarah ayat 282

Kepemimpinan dalam Rumah Tangga Perspektif Tafsir dan Analisis Gender

Nor Salam — Mon, 29 Jul 2024 00:00:00 +0700

This study examines the aspects of leadership in the family as stated in Surah al-Nisa verse 34 which states that men are leaders for women because Allah has given men advantages. Through interpretive studies and gender analysis, this study produces the conclusion that leadership in the family is not taken for granted, or in gender terms it is not a natural sex, but rather the result of social construction. Therefore, leadership cannot be standardized on a particular gender, but rather is based on aspects of the capabilities possessed by men and women.

Economic and Social Impact of Islamic Inheritance Distribution

Mohammad Adnan, Badrah Uyuni, Mahfuz Mahfuz — Mon, 29 Jul 2024 00:00:00 +0700

This study examines the economic and social impacts of the distribution of Islamic inheritance and the adaptation of inheritance law in a modern context. Islamic inheritance law stipulated in the Quran and Hadith provides clear guidelines on the division of inheritance, but its implementation often faces various challenges, including delays in the distribution and uncertainty of rights. This study uses qualitative methods with observation and literature review to explore how Islamic inheritance law affects wealth distribution, economic and social justice, and adaptation to social and cultural changes. The study found that inheritance sharing plays an important role in creating economic and social justice, but is often hampered by a lack of understanding, delays, and internal family disputes. The implementation of technology and increased inheritance law education are expected to reduce disputes and increase compliance. This study also recommends the role of scholars and scholars in providing guidance and the need for a firmer legal system to overcome existing challenges. Further research is suggested to explore the impact of technology in inheritance management, case studies of law implementation in various communities, and evaluation of the role of ulama and the impact of inheritance law education on legal compliance.