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Abdullah Kelib

Program Pascasarjana Magister Ilmu Hukum Universitas Semarang

Author-ID : 3401351

Law, Crime, Criminology & Criminal Justice

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ANALISIS TERHADAP PELAKSANAAN AQAD PEMBIAYAAN DENGAN PRINSIP MUDHARABAH PADA BANK SYARIAH DALAM KAJIAN UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH Abdullah Kelib; Sodikul Amin
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

The Mudharabah Financing Agreement is based on trust, with another understanding that the investor will hand over the funds to the fund managerparty after the investor is sure that the borrower of the capital both skillfully andmorally is trustworthy to manage the capital provided with his expertise and willnot manipulate the capital. However, it does not mean that in the implementationof the mudharabah agreement the fund management party is released from theguarantee system or there is third party who guarantee it. This is done in order to create justice among customers / mudharib and the bank so it can protectthemselves from the loss. The problems in this research are how the implementation of mudharabahfinancing agreement in Sharia Banks, how the Banks solve the in troublemudharabah financing in Sharia Banks, what sanction is implemented tomudharib if they break the agreement in Mudharabah financing agreement. To answer the above problems, this study uses juridical normative methodqualitatively by analyzing primary, secondary and tertiary data as well asinterview materials therefore produces the answer of each problems given. Based on the research it can be concluded that, among others, thearrangement of mudharabah financing agreement is based on the holy Al-Qur'an, Al-Hadist, National Sharia Fatwa Council of MUI, Act No. 21 Year 2008 onSharia Banking and Act No. 10 Year 1998 About Banking.

HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM Wiwit Widya Wirawati; Abdullah Kelib
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

ABSTRACTAllah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who performdouble genital adjustment surgery (khuntsa) in accordance with Islamic Law. This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. Based on the research result, khuntsa inheritance right is not regulated in KHI.Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.

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