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All Journal Pembaharuan Hukum At-Tasyrih: Jurnal Pendidikan dan Hukum Islam
Christopher Panal Lumban Gaol
Universitas Katolik Santo Thomas Medan
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Bank Interest in Islamic Law Christopher Panal Lumban Gaol; Gregory Hansrainer; Bennett Rainey
At-Tasyrih: jurnal pendidikan dan hukum Islam Vol. 9 No. 1 (2023): At-Tasyrih: Jurnal Pendidikan dan Hukum Islam
Publisher : P3M IAI Nusantara Batang Hari

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (308.018 KB) | DOI: 10.55849/attasyrih.v9i1.149

Abstract

This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.
THE HUMAN RIGHTS IN INDONESIA AS SEEN THROUGH VARIOUS ASPECTS OF LEGAL AND CUSTOM LIFE Dadang Sumarna; Yenny Febrianty; Marjan Miharja; Yahman Yahman; Christopher Panal Lumban Gaol
Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i2.31305

Abstract

The purpose of this research is to analyze Human Rights in Indonesia from a Legal Perspective and a Customary Life Perspective. Based on Indonesian law and the way of life in each region, regional regulations are established to protect inhabitants' human rights. This research was carried out using normative methods with research through a literature study. As a guarantee of the notion of equality among all humans, HAM, or human rights, is a fundamental value that must be safeguarded and maintained. It is not just in Indonesia but anywhere else in the world. Right now, there is an imbalance between the respect for human rights and how those rights are put into practice. In spite of these circumstances, Indonesian conversation and debate are nonetheless highly fascinating. With regard to human rights, in particular. In order to examine human rights in relation to various legal and customary aspects of life in Indonesia, this research was conducted utilizing the literature review technique. The findings of this research describe the state of human rights in light of Indonesia's legislative and cultural traditions. The issue of indigenous peoples has indeed become one of the strongest issues in international development. Indigenous peoples are a community group that must receive attention in mitigation and adaptation efforts.
Co-Authors Bennett Rainey Dadang Sumarna Gregory Hansrainer Marjan Miharja Yahman Yahman Yenny Febrianty