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All Journal Mazahib el Buhuth: Borneo Journal of Islamic Studies Borneo International Journal of Islamic Studies
Hasan, Maisyarah Rahmi
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Qanun Man’i al-Maysir fi Wilayati Aceh: Dirasatun Tahliliyatun fi Dhaui Maqasid al-Syari’ah Hasan, Maisyarah Rahmi
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (900.73 KB) | DOI: 10.21093/mj.v15i1.618

Abstract

This research aims to study the prevention law of gambling in Aceh. Which has applied since 2003 M. The problem appears from this study is miss understanding of some  Achiness society. Some of them accept that the gambling law is applied according to the purpose of Islam on the prohibit gambling. On another perception some of the community in Aceh do not accept it. they argue that the law of prevention gambling in Aceh is just from government not from Syari’. The explanation of appropriation between the purpose of government on applying this law and the purpose of maqashid al- syariah on prevention gambling. And discuss the reason of miss understanding society. So, this research will analyse the problems deal from this law, the solution, and finding out the wisdom of forbid gambling, and the relation prevention gambling law and the maqashid al – syariah on keep the wealth, because the command of preserve wealth is one of the purpose of syariah that Muslim should watch over it.thus, The researcher adopted the inductive methodology and the analytical approach to reach the solution on it. The most important result finding in this study is firm relation between the prevention gambling law in Aceh and maqashid al- syariah. Gambling is prohibited by many evidences and propositions from al-qur’an and hadits. In addition There are many kind of gambling renowned, the punishment for violate the gambling law is ta’ziriah. This forbidden relate to the command on keeping the wealth. Since that is one of the purpose of shariah. If the prevention of gambling law is approved and applied so that the purpose of shariah is reached as well. Futhermore, the law must be holdout on all Muslims to avoid gambling .
Regulasi Penggunaan Uang Digital Dagcoin dalam Prespektif Hukum Islam dan Hukum Positif Hasan, Maisyarah Rahmi
el-Buhuth: Borneo Journal of Islamic Studies el Buhuth: Borneo Journal of Islamic Studies Vol 1 No 1, 2018
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.979 KB) | DOI: 10.21093/el-buhuth.v1i1.1199

Abstract

Dagcoin digital currency is one of the tools of online-based transaction payments that increasingly growing in the global economy. Nowadays The Investors interest to invest digital currency. Indonesia is a law country must establish certain laws related to digital currency that began to spread and used as a means of exchange or means of payment in Indonesia. This study is a normative juridical study that examines the rules relating to the use of money in the sale and purchase transactions and investment in the perspectives of Islamic law and Positive Law in Indonesia. The results of this study found that in Islam the use of digital currency in the purchase transactions and investment is not in accordance with the Shari'ah because it does not fulfill the enquires that exist in transactions using digital currency such as dagcoin. The existence of elements of gharar and maisir is the main reason for this digital money is not legitimate in Islam. As mentioned at Fatwa DSN-MUI Number 28 / DSN-MUI / III / 2002 on the exchange of money. Whereas in view of the positive Law has been described in Act No. 7 of 2011 on money, then digital money cannot be said as money because the conditions set in the law are not in digital money, then Bank Indonesia Regulation Number 18/40 / PBI / 2016 on the payment of electronic transactions is also not met in transactions that exist on the use of digital money dagcoin. So does the electronic transaction information law (ITE). Unclear regulation of the use of digital currency makes some users feel restless.
THE IMPORTANCE OF HALAL CERTIFIED PRODUCTS IN SAMARINDA CITY: IN THE LIGHT OF MAQASID AL-SYARI'AH Hasan, Maisyarah Rahmi
Borneo International Journal of Islamic Studies BORNEO INTERNATIONAL JOURNAL OF ISLAMIC STUDIES, Vol. 2(1), NOVEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/bijis.v2i1.1832

Abstract

Halal certification is a guarantee of safety for Muslims to be able to consume a product as evidenced by the inclusion of the halal logo on the product packaging. To realize the "halal awareness" program in Indonesia, public awareness of halal-certified products is very influential in the success of the program's obligations. While in the field there are still many Muslim consumers who do not understand, and still do not prioritize halal certification in every product purchase. Further research is needed related to study the importance of halal certified products in Samarinda City, beacuse there are still many products do not have halal certificate yet. This research is a field research, a type of empirical normative research with a sociological juridical approach by studying and analyzing data obtained in the field with the study of Maqasid Al-Syariah. This research will examine and analyze the importance of halal certification on products circulating in the Samarinda City market, in the light of Maqasid al-Shari'ah.The results of this study indicate that halal certification is very important to be applied in Samarinda City. Meanwhile, if seen from the perspective of maqasid al-shari'ah with the existence of halal certification can realize mashlahah, namely goodness in the lives of Muslim consumers. Because with guaranteed food consumed, maqasid al-shari'ah al-dharuriyah al-khamsah, namely guarding religion, guarding souls, guarding intellect, guarding offspring, and protecting property will be fulfilled. The importance level of halal certification if viewed from the perspective of maqasid al-shari'ah, it can be concluded that halal certification in Samarinda is at the level of hajjiyah, which is needed, which without halal certification does not cause inaccuracies, but can be potentially difficult if there is no halal certification in Samarinda City. Therefore, the need for halal certification in Samarinda City is important because of the needs of Muslim consumers towards it.
Islamic Legal Modernism and Women's Emancipation in Tunisia Ismail, Zulfikar; Hasan, Maisyarah Rahmi
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v19i2.2800

Abstract

The article aims to analyze the role of modern interpretations of Sharia on women's emancipation in Tunisia. Even though Tunisia is a Muslim country influenced by the Maliki school of thought, its social, cultural, and political conditions are conducive to women's emancipation efforts. This condition was created partly by the government's efforts to adopt Sharia's modern interpretation in Tunisia. Efforts to modernize Islamic law through state law have been going on for a long time and are consistent. Islamic legal modernism is evidenced by the Constitution, which guarantees women's equal rights, manifested in state law and policies. A case in point is family law in Tunisia that prohibits the practice of polygyny, gives equal share of the inheritance, and punishes perpetrators of domestic and sexual violence against women. Modern interpretations of Sharia have resulted in Islamic law that is more gender-friendly and maximizes women's potential in Tunisia's public sector. As a result, women's political participation in Tunisia is very high: they occupy many Parliament seats and high government bureaucracy positions. The condition of equality of women in Tunisia is far different from that of its compatriots in the middle east and north African countries, which are still influenced by conservative Islamic law interpretations.Keywords: Islamic legal modernism, women's Emancipation, polygyny prohibition, sexual harassment
Co-Authors Zulfikar Ismail