Garuda - Garba Rujukan Digital

p-Index From 2019 - 2024

1.819

P-Index

This Author published in this journals

All Journal ASAS : Jurnal Hukum Ekonomi Syariah Jurnal Ijtimaiyya Intizar Medina-Te : Jurnal Studi Islam AL QUDS : Jurnal Studi Alquran dan Hadis Al-Dzikra: Jurnal Studi Ilmu al-Quran dan al-Hadits Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam El Izdiwaj Indonesian Journal of Civil and Islamic Family Law Smart: Journal of Sharia, Tradition, and Modernity Al-Istinbath: Jurnal Hukum Islam AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM

Muhammad Zaki

Universitas Islam Negeri Raden Intan Lampung

Author-ID : 2879207

Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 16 Documents Claim Missing Document

Claim Missing Document

Articles

1 2

WAHBAH AZ-ZUHAILI AND MUHAMMAD SYAHRUR'S METHODS OF THINKING ABOUT MARRIAGE Riyan Erwin Hidayat; S. Suharto; Moh. Bahrudin; Muhammad Zaki
SMART: Journal of Sharia, Traditon, and Modernity Vol 2, No 1 (2022): SMART: Journal of Sharia, Tradition, and Modernity
Publisher : SMART: Journal of Sharia, Traditon, and Modernity

By the development of the times, of course the law will also experience various developments, as well as marriage law in Islam which follows the times according to human needs. The development of marriage law in Islam cannot be separated from the existence of Muslim scholars. Among these Muslim scholars are Wahbah az-Zuhaili and Muhammad Syahrur. Az-Zuhaili uses the Usul fiqh method in interpreting the laws regarding marriage, while Syahrur uses the hermeneutic method in interpreting the laws regarding marriage. The two of them certainly have different opinions, because the way of thinking and the method of interpretation used are different. Therefore, through this study, the two thoughts of these figures will be examined. The results showed that the two figures viewed marriage as a very solid contract. The difference of opinion between the two lies in the discussion of the dowry, where according to az-Zuhaili that the dowry is a gift from the husband to the wife, and the wife has the right to get it because of the contract or actual intercourse, while Syahrur said the dowry is an unconditional gift given by the husband to his wife. Likewise, there are differences of opinion in the provision of a living and in terms of divorce and polygamy.

Mut'ah Marriage Law in Perspective of Sayyid Husain Al-Thaba’thabaí and Their Relevance with Family Law in Indonesia Abd Qohar; Muhammad Zaki; Liky Faizal; Hilmi Yusron Rofi'i
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to examine Al-Thaba’thabaí 's thoughts on Mut'ah marriage and its relevance to family law in Indonesia. This research is a type of library research by descriptive-analytical approach. The primary data in this study are the Qur'an, Hadith, books by Al-Thaba’thabaí, the 1945 Constitution, Law Number 1 of 1974 concerning National Marriage Law, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, and INPRES No.1/1991 on the Compilation of Islamic Law (KHI). This study uses deductive thinking techniques and the data analysis uses maqashid sharia theory. The results show that Al-Thaba’thabaí 's thoughts on the permissibility of Mut'ah Marriages are not relevant to the purpose of marriage and the purpose of making legislation. As the purpose of making the law is the value of justice, usefulness, and legal certainty, besides the law is also made to create benefit in society. Al-Thaba’thabaí’s thought regarding Mut'ah Marriage must be rejected because it violates the values of the legal objectives, namely justice, benefit, and legal certainty, and also harms the values of benefit. To provide firmness to prohibit the practice of mut'ah marriage in Indonesia, it is necessary to amend Article 2 of Law Number 1 of 1974 concerning Marriage to "a legal marriage is carried out following their respective religions and registered following the legislation. invitation".

Mengambil Upah Dalam Periwayatan Hadis Dan Implikasinya Terhadap Kualitas ‘Adalah Periwayat Muhammad Zaki
AL QUDS : Jurnal Studi Alquran dan Hadis Vol 6, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alquds.v6i2.4022

Taking Wages in the Transmission of Hadith and its Implications for the Quality of the Narrator's ‘AdalahThe practice of wage taking in hadith transmission becomes polemic among hadith scholars. For some scholars, wage taking for hadith transmission may undermine honor and implicates on the cancellation of ‘adalah status; therefore, its transmission is rejected. Interestingly, this article finds that some hadith transmitters received payment for the transmission; however, the transmission is still accepted even by the famous imam of hadith. This article aims at revealing the attitude of hadith scholars toward some hadith transmitters taking wage when they transmit hadith and its implication on 'adalah quality. This article is library research whose main data sources are books of mushthalah al-hadits and al-jarh wa al-ta’dil. Data are analyzed using the descriptive-qualitative method and hadith critique (naqd al-hadith) approach. The result of this study is that there are some hadith transmitters taking wage in hadith transmission and they are assessed as 'adil by imam of hadiths scholar. Such practice can be accepted as motivation for taking wage in hadith transmission to fulfill the transmitters' daily needs as they are destitute. Such attitude, according to imam of hadith scholars, will not implicate the damage of muru’ah and the loss of 'adalah as long as the transmitters are consistent in their religious observance and they are not recognized as liars or perceived liars.

Hak Kepemilikan Badan Usaha Milik Negara (BUMN) Kaitannya Dengan Kewajiban Zakat (Studi Pada Regulasi Zakat di Indonesia) Agung Tri Pratama; Muhammad Zaki
JURNAL ASAS Vol 13, No 2 (2021): Asas, Vol. 13, No. 02 Desember 2021
Publisher : Universitas Islam Negeri Raden Intan Lampung

Zakat Perusahaan, Hak Kepemilikan, Badan Usaha Milik Negara (BUMN)Abstract: In the zakah regulations in Indonesia, it is explained that zakah is an asset that must be issued by a Muslim or a business entity to be given to those who have the right to receive it in accordance with Islamic law. And the generality of the word “business entity” includes State-Owned Enterprises (BUMN), Regional-Owned Enterprises (BUMD), and Swata-Owned Enterprises (BUMS). In accordance with Islamic law, zakah assets is required for assets with the status of milk al-tâm (perfect ownership), which are owned by muzakkî in the form of individuals or business entities. The problem in this study is the ownership rights of State-Owned Enterprises (BUMN) and its relation to the obligation of zakah, which is known that the assets/shares owned by BUMN are assets owned by the state. This research is library research, using primary, secondary and tertiary legal data. In addition, this research is descriptive qualitative by using a juridical, philosophical, historical approach. After the data has been collected, the next step is to analyze the existing data using data reduction techniques, data presentation and drawing conclusions. Based on the available data, it is concluded that the right of ownership of State Owned Enterprises (BUMN) is perfect ownership (milk al-tâm) which is one of the obligatory objects of zakah.Keywords: Company Zakah, Ownership Rights, State Owned Enterprises (BUMN)

Tinjauan Hukum Ekonomi Syariah Terhadap Mekanisme Penjualan Karya atau Kreasi Digital Berbasis NFT (Non Fungible Token) Pada Platform Opensea Hartinah Aprilia; Muhammad Zaki; Liky Faizal
Medina-te : Jurnal Studi Islam Vol 19 No 1 (2023): Medina-Te: Jurnal Studi Islam
Publisher : Pascasarjana Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/medinate.v19i1.17410

This study aims to determine the selling mechanism and to understand the reflection of sharia economic law on the mechanism for selling Non-Fungible Token (NFT)-based digital works/creations on the Opensea Platform. This research includes library research (library research) which uses secondary data consisting of three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. This research is a descriptive analysis. The data collected was analyzed qualitatively. The results of this study indicate that the mechanism for selling NFTs on opensea is having a balance of cryptocurrency or Ethereum money through a MetaMask wallet, having an account, owning an NFT work, determining the price, how long will the NFT last last uploading the NFT on opensea. Buying and selling NFT is a little different because it uses blockchain technology and the lens of Islamic economic law for the mechanism for selling NFT at Opensea. Looking at the pillars of sale and purchase, the actual NFT transaction process is not fulfilled, because the value or means of exchange (saman) contains gharar and dharar. . The results of the Ijtima Ulama Fatwa MUI decision stated that the use of cryptocurrency as legal currency is unlawful, because it contains gharar, dharar and contradicts Law Number 7 of 2011 and Bank Indonesia Regulation Number 17 of 2015 so it cannot be used as a transaction tool because in practice there are discrepancy with the pillars of the sale and purchase contract. However, it must be acknowledged that the world continues to develop and technology is increasingly sophisticated, it does not rule out the possibility that one day NFT will be legalized. To show that Islam is salihun likulli epoch wa likulli eat (suitable for all times and places), academic ijtihad must be carried out to answer contemporary muamlah problems in the era of globalization.

ANALISIS KEABSAHAN TRANSAKSI JUAL BELI ONLINE YANG DILAKUKAN ANAK DIBAWAH UMUR MENURUT HUKUM ISLAM DAN HUKUM PERDATA INDONESIA Sinta Bela; KHUMEDI JA'FAR; MAIMUN; MUHAMMAD ZAKI; LIKY FAISAL
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 2 No. 2 (2022): DESEMBER 2022
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (595.886 KB)

Buying and selling online according to Islamic law is allowed as long as online buying and selling transactions do not contain fraud, coercion and persecution. In Islam, it must be carried out in accordance with the provisions of the Shari'a, which must meet the pillars and conditions of buying and selling. The three pillars of buying and selling must exist, namely igat, contract, 'aqīd (seller and buyer) with mumayyiz and sound mind conditions so that the sale and purchase is valid. The legitimacy of buying and selling online by minors has been regulated in Article 1320 of the Civil Code. The problem that will be discussed in this thesis is the analysis of the validity of online buying and selling transactions carried out by minors according to Islamic law and Indonesian civil law. This research is a library research (Library research). After the data was collected, the researchers conducted an analysis using a comparative descriptive method of qualitative analysis with a thinking approach using a deductive method. The results of the study show that Article 1320 of the Civil Code can still be said to be valid, but the legal force is weak because it does not meet the legal requirements of the agreement. Meanwhile, according to Islamic law, it is permissible based on the pillars and conditions of online buying and selling provided that the child is mumayyiz and the sale and purchase item is of low value and must have permission from his guardian.

Co-Authors Abd. Qohar Agung Tri Pratama Hartinah Aprilia Hilmi Yusron Rofi'i Hilmi Yusron Rofi'i Khairuddin Khairuddin KHUMEDI JA'FAR LIKY FAISAL Liky Faizal MAIMUN Mita Maulani Moh Bahrudin Mutholib Mutholib Riyan Erwin Hidayat Sinta Bela Suharto

Title

Found 16 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 16 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 16 Documents
Search