Law

One of the regulations established by the community is on how people fulfill their needs by having the goods belong to other people through legal means. Islamic laws have regulated the matter in one of the studies called mu'āmalāt. Thus, Islamic laws build the concept with philosophical foundation known as maṣlaḥāh. Besides, one of five purposes of sharia is to protect the properties. It is related to how human manage their life accordingly, thereby they obtain what they want without offending others. Indeed, they can built mutual relation. Common illegal behavior within financial transaction degrades people's moral and wealth. Later on, strict regulation is required to reduce or remove economic fraud. Thus, the community can reach the prosperity condition. To know the principles of finance from Islamic perspective and to develop it as a living law, the research explains the philosophical foundation of contract. The paper used qualitative method and Uṣūl Fiqh approach to generate the legal structure of contract in Islam from the valid sources of Islamic Law.

Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three p...

The coronavirus disease 2019 (COVID-19) pandemic has caused a global impact. It also affected Indonesia. There had been tens of thousands of positive cases and thousands of deaths. Many paramedics also died to heal people from this disease. The Indonesian government determined this condition as a Social Emergency Condition and issued the Governmental Decree No. 21 of 2020 on Large-Scale Social Restrictions (LSSR) in 2020 (and Community Activity Restriction Enforcement [CARE] in 2021 with the Instruction of the Minister of Internal Affairs on Emergency CARE in Java and Bali islands). The Instruction of the Minister of Internal Affairs No. 15 of 2021 regulated the Application of the Emergency CARE due to the COVID-2019. In its implementation, the LSSR are ineffective in preventing the spread of the COVID-19 as there are some anomalies in the field, as this law is not strictly enforced. The spread of the COVID-19 becomes uncontrollable as there are no strict sanctions against violators...

This paper aimed to discuss the concept of Dār Al-’Ahd Wa Al-Syahādah initiated by Muhammadiyah, which requires strong historical-normative legitimacy, so it does not necessarily lose its genealogy to be applied to the legal and constitutional system in Indonesia. The big question is how is the relationship between historical aspects and the concept of Dār Al-’Ahd Wa Al-Syahādah so that it has strong foundations to be implemented later in the state and nation. This normative-conceptual research is a historical reflective study that focuses on literacy aspects as the basis to build normative and conceptual constructions. The result reveals that the idea of ​​Dār Al-’Ahd Wa Al-Syahādah in the constellation of Pancasila is a strategy to realize Baldatun Thayyibatun wa Rabbun Ghafur state with the principle of Amar Ma’ruf Nahi Munkar. The concept of Dār Al-’Ahd Wa Al-Syahādah has a reference in Al Maun Theology which from the beginning became the basis of the movement pioneered by KH Ah...