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All Journal Yuridika Al-Manahij : Jurnal Kajian Hukum Islam Ijtimā`iyya: Journal of Muslim Society Research Maghza: Jurnal Ilmu al-Qur'an and Tafsir
Muhammad Fuad Zain
IAIN Purwokerto
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Analysis of the Constitution Court Verdict Number 46/PUU-XIV/2016 about Morality Criminal Ansori Ansori; Muhammad Fuad Zain
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (277.174 KB) | DOI: 10.20473/ydk.v34i2.9820

Abstract

Indonesian Family Loves Alliance sees that Penal Code in article 284, 285 and 295 related to adultery, rape and molestation (sacrilege or abuse) which is contrary to religious values and the morale of the Indonesian people deliver to sue the Constitutional Court through judicial review with results was rejected. Five judges with judicial restraint argue that the State must protect rights and freedoms, not vice versa, but four others with judicial activism argue that the State must protect the rights of citizens by referring to the living law with develops in society. With no expansion of the meaning of the article a quo then LGBT, adultery, rape and molestation cannot be convicted. This verdict has been troubling most of Indonesians who want a change in the legal system, considering the legislative process that began in 1963 until now did not come to fruition. So the People’s Consultative Assembly and the President as a positive legislator are required to immediately revise the laws and regulations in accordance with religious norms and common laws that develops in society to avoid the violence or vigilante action which actually harms the community itself.  
God and Human Sovereignty in Islamic Political Tradition Ridwan Ridwan; Muhammad Fuad Zain
Ijtimā`iyya: Journal of Muslim Society Research Vol 5 No 1 (2020)
Publisher : Postgraduate Program, State Institute on Islamic Studies Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.052 KB) | DOI: 10.24090/ijtimaiyya.v5i1.2718

Abstract

The debate on the concept of political sovereignty leads to the question of whether sovereignty comes from God or humans. It is related to the foundation of state management and has implications for the political system. Islamic political tradition has not an authoritative text that explains sovereignty. This thesis was conducted based on the evidence of Islamic political history which did not present a concept of universal and standard sovereignty. Muslim thinkers proposed some alternative ideas of sovereignty such as nomocratic, theo-democracy and democracy. The author sees that the sovereignty concept in Islam is discussed as ijtihādiyyah (intellectual interpretation and judgment) which lead to multiple interpretations in some contemporary Muslim countries show that the sovereignty concept in Islam is dynamic and can be negotiated according to the political needs of the society.
Mining-Trading Cryptocurrency dalam Hukum Islam Muhammad Fuad Zain
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (649.936 KB) | DOI: 10.24090/mnh.v12i1.1303

Abstract

This paper discusses the mining-trading of cryptocurrency in Islamic law as a digital asset that has recently been traded in cyberspace. The value of cryptocurrency is soaring and fluctuation and it is influenced by the demand of buying and selling. Indodax.com is the official digital asset site in Indonesia that trades more than 13 digital currencies. As we know, digital currencies are not electronic money, even though the characteristic is similar. Starting from this, I analyze whether cryptocurrency is worthy of being value as money that has a certain value. Until now, the Indonesian government through Bank Indonesia has published regulation Number 16/8/PBI/ 2014, which explicitly prohibits using bitcoin and altcoin on financial transactions. Otherwise, MUI (Indonesian Ulema Council) has not issued a fatwa yet related to cryptocurrency. From here, I focuse on this study to the law of cryptocurrency in Islamic law. Bitcoin has advantages and disadvantages. Among its advantages are the user can use exchange or transaction without third service (bank), and it can be traded in merchandise shops. But, the disadvantages of bitcoin are mach more, such as fluctuating value every times, it is not listed as a commodity, it is not watched by Financial Services Authority (OJK), it presents the element of gharar (uncertainty) and maysir (gambling or bet), which makes it possible to be used for money laundering and drugs. On the other hand, until now, the Indonesian people have not considered that bitcoin as a treasure like gold or silver
Aktualisasi 7 Surat Dalam Tradisi Mitoni Muhammad Fuad Zain; Hasanudin Hasanudin
MAGHZA Vol 3 No 1 (2018): Januari - Juni 2018
Publisher : Fakultas Ushuluddin Adab dan Humaniora (FUAH), Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1171.792 KB) | DOI: 10.24090/maghza.v3i1.1953

Abstract

As the Quran is the most read holy book, efforts of grounding it is frequently undertaken by scholars in order to live Al-Qur’an in accordance with the term being relevant all time and place. The actualization of Al-Qur’an with local culture in mitoni which read seven letters in the Quran are al-Kaḥfi, Maryam, Yāsīn, Yūsuf, al-Raḥman, al-Wāqiah, and al-Mulk, in spite of various types of reading depending on the leader of the ceremony. A term referring to the realization of Quran in life is living Quran in which society places the Qur’an as being read and the highest guide for Moslems to attain a state of happiness in the world and the hereafter. The actualization of seven letters of the Quran is inseparable from the acculturation of local culture with Islamic values brought by Wali Songo especially from Tuban school which allowed and preserved the local culture with an Islamic nuance.
Co-Authors Ansori Ansori Hasanudin Hasanudin Ridwan Ridwan