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All Journal YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Jurnal Ilmiah Hukum LEGALITY Indonesian Comparative Law Review JUSTISI: Journal of Law
Muhammadi, Fauzan
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Architecting Hybrid Contract in al-Rahn: A Comparative Study between Malaysia and Indonesia Muhammadi, Fauzan; Mohd Razif, Nor Fahimah; Rahim, Rahimin Affandi Abdul
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.20699

Abstract

Nowadays, hybrid contracts are recognized as an adaptive form of contract in the implementation of Islamic business. However, the involvement of hybrid contracts in al-Rahn has risen numerous legal controversies in Islamic Sharia.  Malaysia and Indonesia  have diffferent approaches regarding the  use of hybrid contracts in al-Rahn scheme. In the light of that, this article aims to lay out the two countries’ sides in responding to the issue at hand. This qualitative  study  relies on secondary data and employs conceptual and comparative approach. It investigates the policies relating to hybrid contract in the implementation of al-Rahn both in Malaysia and Indonesia. This study indicates that academics in both countries tend to state that the hybrid contracts in al-Rahn are not in accordance with the Sharia. The non-compliance with the Sharia prompted Malaysia to create a new policy, namely by utilising the concept of Tawaruq. Meanwhile, Indonesia recently still associates Ijārah contracts as part of the implementation of al-Rahn.
Tracing the roots of Muhammadiyah thought on the concepts of Dār Al-‘Ahdi Wa Al-Syahādah Yuli Isdiyanto, Ilham; Muhammadi, Fauzan; Fahmiddin, Umair
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20661

Abstract

This paper aimed to discuss the concept of Dār Al-’Ahd Wa Al-Syahādah initiated by Muhammadiyah, which requires strong historical-normative legitimacy, so it does not necessarily lose its genealogy to be applied to the legal and constitutional system in Indonesia. The big question is how is the relationship between historical aspects and the concept of Dār Al-’Ahd Wa Al-Syahādah so that it has strong foundations to be implemented later in the state and nation. This normative-conceptual research is a historical reflective study that focuses on literacy aspects as the basis to build normative and conceptual constructions. The result reveals that the idea of ​​Dār Al-’Ahd Wa Al-Syahādah in the constellation of Pancasila is a strategy to realize Baldatun Thayyibatun wa Rabbun Ghafur state with the principle of Amar Ma’ruf Nahi Munkar. The concept of Dār Al-’Ahd Wa Al-Syahādah has a reference in Al Maun Theology which from the beginning became the basis of the movement pioneered by KH Ahmad Dahlan. Therefore, this strategy must be directed to a more concrete form and a more concrete movement to realize Baldatun Thayyibatun wa Rabbun Ghafur state.
Inconsistency in freedom of contract for banking dispute resolution in Indonesia Suryadi, Suryadi; Marwa, Muhammad Habibi Miftakhul; Muhammadi, Fauzan; Zuliyah, Siti; Megawati , Megawati
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.33121

Abstract

This research interprets the manner and existence of contradictions in POJK No. 61/POJK.07/2020's declaration regarding the freedom of contract while choosing banking dispute resolution forums. Primary and secondary legal materials comprise most of the secondary data in this normative legal study. The information was gathered from the literature and examined using analytical and interpretive methods. The study's findings emphasised how Indonesian banking dispute resolution forums are chosen inconsistently with the idea of freedom of contract. The findings demonstrated the necessity of legal harmony in rulemaking to guarantee the coherence and consistency of all legal principles underlying different laws. This article argues that legal harmony is essential for aligning various legal concepts across diverse regulations and significantly contributes to the identification of the policy's inconsistency, which restricts the ability to choose a banking dispute settlement venue without restriction. The findings of this study may provide the basis for more research on how the policy affects banks and their clients. The findings could also be used as a reference for policymakers to improve the current policy and to ensure that the principle of freedom of contract is preserved in banking dispute resolution. Overall, this research provides valuable insights into the current policy and its impact on the banking industry in Indonesia.
Implementation of the Doelmatigheld Principle in Resolving Village Apparatus Selection Disputes in Klaten Regency Kholik, Nur; Abadi, Muhammad Husnu; Subardjo, Subardjo; Muhammadi, Fauzan
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 1 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i1.25226

Abstract

The screening selection mechanism for filling out village officials in Klaten District is regulated in Regent Regulation of Klaten District Number 30 of 2022 on Guidelines and Procedures for Appointing and Dismissing Village Apparatus. The said district regulation does not provide in detail the elucidation to be used as the solution. Seeing the various potential issues that may occur in the field, the legal basis for implementing the screening process in the form of Guidelines and Procedures for Appointment and Dismissal of Village Officials should regulate the methods and techniques for resolving disputes if they are to occur. This research aims to identify the implementation of the Doelmatigheld Principle in dispute resolution over examination results of village apparatus based on local wisdom in Klaten District. This is an empirical legal research with a normative juridical method. Additionally, the author also utilises a field study approach. The results of this research indicate that the principle of benefit is more relevant in decision making and local wisdom in Klaten District. This principle can also provide answers in dispute resolution over local wisdom-based village apparatus examination results in Klaten Regency that can be held accountable before the law.
Asas Kemaslahatan dalam Penyelesaian Tindak Pidana Perundungan oleh Santri Berdasarkan MAQĀṢID SYARĪ’AH Lahiyah, Ilham; Muhammadi, Fauzan; Muhammad Habibi Miftakhul Marwa; Kurnia Dewi Anggraeny
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2764

Abstract

Apart from the main aim of Islamic boarding schools for Islamic development, carrying out Islamic boarding schools often encounters problems, for example, cases of criminal acts by students. Thus, criminal acts that occur in the Islamic boarding school environment become insignificant and normal. One of the criminal problems that often occurs in Islamic boarding schools is bullying. Islamic boarding schools in Babakan, Ciwaringin, Cirebon area have various areas, buildings, and numbers of students. Criminal cases like bullying are common to occur in the boarding school environment. Therefore, this research aims to determine the application of Islamic boarding school principles of virtue in resolving student bullying cases and to determine Islamic boarding school principles of virtue in resolving Islamic boarding school bullying cases in terms of maqāṣid syarī'ah. This research is a qualitative study using a conceptual approach and a statutory approach. This method is supported by primary and secondary data. The primary data were collected through interviews with Islamic boarding school managers and students, while the secondary data were obtained through literature studies from books, journals, articles, and else related to this research. This research found that bullying still commonly happens in Islamic boarding schools. Efforts to resolve the problems by the Islamic Boarding Schools are carried out using internal processes such as discussion or non-physical punishment in accordance with the Islamic Boarding School's internal regulations. This is considered to be in line with the Principles of Virtue as stated in the Islamic Boarding School Law. In addition, the existence of the Islamic Boarding School Law has not been widely known by the elements within the Islamic Boarding Schools. However, what the Islamic Boarding Schools implement in resolving bullying cases has accommodated the concept of protecting the soul contained in maqāṣid syarī'ah. Keywords: Pesantren; Maṣlaḥah; Bullying; Maqāṣid
Co-Authors Abadi, Muhammad Husnu Fahmiddin, Umair Kholik, Nur Kurnia Dewi Anggraeny Lahiyah, Ilham Marwa, Muhammad Habibi Miftakhul Megawati , Megawati Mohd Razif, Nor Fahimah Muhammad Habibi Miftakhul Marwa Rahim, Rahimin Affandi Abdul Siti Zuliyah Subardjo Subardjo, Subardjo Suryadi Suryadi Yuli Isdiyanto, Ilham