Vol 1 No 1 (2022): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam

Murabahah are one of the products of Islamic banks. In addition to this concept being similar to credit transactions in conventional banks, this concept becomes dilemmatic when legality is found to be facilitated by the DSN-MUI, which in its consideration also quotes from the work of Ibn Rusyd. Murabahah was identified as having similarities with the credit system in the concept of borrowing for certain purchases with a return of more than the loan called profit or an additional from the initial price in the installment according to the customer's ability which of course is in accordance with the agreement between the bank and the customer. This research seeks to reveal: first, whether the murabahah contract is in accordance with the valid muamalah contract. Second, to reveal the legality of the murabahah contract in the concept of Ibn Rusyd with the reality of its application to Islamic banks in Indonesia. This type of research is library research that uses a descriptive-qualitative method, by collecting library data, reading, and recording and processing research materials. This research resulted in a conclusion: first, the murabahah contract is valid if the goods sold belong to the bank in principle and no element of fraud or loss from one of the parties is found. Second, the concept of Ibnu Rusyd is in accordance with one of the forms of murabahah applied to Islamic banks in Indonesia if the initial price determination of the agreed price is either with additional or not and the implementation of installment payments according to the agreed period and benefits.

The development of the food industry in Indonesia is very rapid, but in fact some of the products in circulation have not received halal certificates. LPPOM MUI as the only institution that implements halal certification, at that time received criticism for being considered slow in responding to this development. In 2014, the government issued Halal Product Guarantee Law which provides a rule that all products circulating in Indonesia must be halal certified from BPJPH, which is an official institution under the Ministry of Religious Affairs. The awareness of the Indonesian Muslim community towards halal products is very high, because consuming something halal is an obligation of Sharia. This paper describes the purpose and wisdom of establishing the rules for the obligation to certify halal products with the theory of Jasser Auda's maqāṣid al-syarī'ah. This research resulted in a conclusion: first, there is a general purpose (al-maqāṣid al-'āmmah) that should take precedence (ḍarūrῑyyah) namely the protection of the soul (ḥifẓ al-nafsi) and protection of property (ḥifẓ al-māl). Second, the specific purpose (al-maqāṣid al-khāṣṣah) is the protection of consumers from illicit products, as well as improving the economy and welfare for halal product business actors. Third, the partial goal (al-maqāṣid al-juz'iyyah) is a work ethic with full responsibility, obtaining blessings in producing and consuming halal products, and obtaining blessings from Allah Almighty.

The sale and purchase of manure raises pros and cons among the Muslim community, because it is considered not in accordance with the pillars and conditions of buying and selling. However, seeing the high price of inorganic fertilizers (chemical) forced them to continue to use the existing manure as an ingredient in fertilizing the soil. This issue has raised many questions about how the certainty of Islamic law in responding to the phenomenon of society. Some scholars argue that buying and selling must use sacred items and are not classified as unclean, so the sale and purchase of unclean goods is considered invalid. Willingness to understand Imam Shafi'i is the main key in the practice of buying and selling. In addition, Imam Syafi'i also emphasizes the value of the benefits contained in the goods being traded. The practice of buying and selling animal manure can be said to have fulfilled the requirements and the pillars of buying and selling, namely the benefits for the community. However, the Mazhab Syafi’i still does not allow the practice of buying and selling fertilizers made from animal waste. In the Shafi'i school, the issue of buying and selling animal manure is offered a solution that the practice is not classified as a buying and selling practice (muamalah), but by isqath al-haq (aborting rights). The trick is sighat (speech) the contract is not a sale and purchase contract but naqlul yad (change of hands), or in another language the exchange of goods.

The Qur'an's postulate is quite detailed about inheritance and the provisions are final. However, this is inversely proportional to the concept of inheritance that applies to Article 183 of the Compilation of Islamic Law (KHI) which allows the distribution of inheritance by family agreement. From these different concepts, it becomes an attraction to conduct research by focusing the problem on two aspects. First, examine the practice and settlement of the division of inheritance in a familial manner in the lens of jurisprudence. Second, what social factors are behind the division of inheritance with the family system. Judging from the focus of the study, this research is classified as normative legal research. Meanwhile, judging from the data collection operations studied, this research is classified as a literature study. Secondary and primary data were analyzed using analytical descriptive methods using Islamic inheritance theory to analyze KHI data in family inheritance Article 183. Meanwhile, the approach in analyzing data with the statute approach. The results of this study concluded, first, the practice of familial division of heirs was applied after first understanding the share of each of the heirs. This is an absolute requirement for the practice to be allowed. Second, looking at the historical stretch of inheritance from the early days of Islam to the present, there will be a change in law taking into account the customary laws that apply in society and the existence of a career role that applies, especially between men and women.

Sexual violence requires special attention and handling in law enforcement in Indonesia because it has permeated every element of human life, including within the scope of the household or marriage. Marital rape has a similar impact to the impact of marital rape outside of marriage, so it is not fair to distinguish rape that occurs outside or inside marriage because it is closely related to sexual justice and gender equality. The formulation of the problem in this study is how the general picture of domestic rape, how domestic rape is in the dynamics of law in Indonesia, and how rape in the household in the perspective of maqāṣid al-sharī'ah. This research includes library research with data collection methods contained in books or journals that have a relationship with discussion. The results of this study show that marital rape is an act of violence or coercion committed by the husband against the wife to carry out sexual activity without considering the condition of the wife. Marital rape has a severe impact on the victim, such as damage to the reproductive apparatus, damage to the menstrual cycle, and the possibility of beatings from the husband which then have a trauma impact. In The Criminal Code, marital rape complaint cannot be declared an act of rape of the husband against the wife, but is said to be a criminal act of mistreatment. In terms of maqāṣid al-sharī'ah the act of marital rape does not reflect the fulfillment of the purpose of sharia in marriage, especially from maslahah al-daruriyyah, namely hifdz an-nafs and hifdz an-nasl.