Garuda - Garba Rujukan Digital

Busman Edyar

Institut Agama Islam Negeri Curup

Author-ID : 5428882

Religion Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document

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Articles

Utilization of Land Pawning Objects in Minangkabau in The Perspective of The Scholars of Schools of Thought Ilda Hayati; Fathurrrahman Djamil; Busman Edyar
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to explain the practice of pawning in Sariek Laweh, the law on the use of land pawning objects in Minangkabau from the perspective of Islamic scholars, and the solutions of pawning. This research is a field study using a normative approach, which is analyzed using a comparative descriptive method. The results of the study are: that in general, pawning in Minangkabau is carried out with the ability to use the object of land pawning and to take all the proceeds by the pawn holder. This applies until the mortgagee is able to pay off the debt. Scholars have different opinions regarding the use of pawn objects by pawn holders, the majority (jumhur ulama) forbid it. The second opinion (minority) says that it is permissible to take advantage of the pawn object, but there are still provisions in this matter. Based on the findings of this study, the practice of pawning in Sariek Laweh is not in accordance with the provisions of the Islamic Sharia which are seen from various schools of thought, apart from the element of exploitation of the pawn holder, the mortgagee does not receive any compensation from the goods used, other than fixed loan funds which must be paid according to the amount of the initial loan, without any reduction, also because there are conditions for taking benefits included in the contract, all schools of thought agree that this practice is not permissible. Regarding the pawning solution, it is in the form of musyarakah between the pawn holder and the owner of the pawn object. The pawn holder processes and takes the proceeds with a sharing system with the land owner.

Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004 Ilda Hayati; Busman Edyar
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5657

This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.

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