The article looks at the depth of public resentment against the military junta, intentions of the chief of navy and the chief of army to retire on 29th of May 1999 (the day the present junta chief will hand over power to the President-elect Olusegun Obasanjo), controversies over the role of Sharia (Islamic law) in the constitution, divisions within the provisional ruling council (PRC) regarding creation of local governments, among other issues. (DÜI-Sen)
The enactment of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, became an explicit formal juridical basis for the implementation of the Islamic banking system in Indonesia. These developments should be accompanied by anticipatory steps regarding the problem of settling the dispute. Law Number 30 of 1999 concerning Arbitration and APS (Alternative Dispute Settlement) responds to existing deficiencies by preparing dispute resolution institutions through arbitration. The type of arbitration authorized to settle Islamic banking in Indonesia is Sharia Arbitration so that Sharia Arbitration is the main choice for Sharia Banking business actors. This article will discuss the authority and effectiveness of Sharia Arbitration decisions in resolving Islamic banking disputes in Indonesia. The method used is normative juridical. The study was conducted with 2 (two) stages, namely: library research (library research) and field research (field research). Data collection is done by document study and interview. Data Analysis Method used is descriptive analytical with qualitative normative juridical approach. The results of the study concluded that Sharia Arbitration competencies can resolve sharia banking disputes which are part of the Islamic economy coupled with disputes which according to the law can be held peace.
In: SHARIA IMPLEMENTATION IN NORTHERN NIGERIA, 1999-2006 A SOURCEBOOK, Vol. IV, Chapter 4, pp. 3-21, Philip Ostien, ed., Ibadan: Spectrum Books Ltd., 2007
Frontmatter -- Contents -- Figures, Diagrams and Table -- Acknowledgements -- Map 1: Aceh, Indonesia -- Map 2: Research sites in Aceh -- Introduction -- Part One. Between Orders and Jurisdictions -- Chapter 1 Unpacking Legal Pluralism -- Chapter 2 Shifting Legal Orders -- Chapter 3 Competing Jurisdictions -- Part Two. Between Justice and Rights -- Chapter 4 Unequal Legal Options -- Chapter 5 Contested Lawmaking -- Chapter 6 Disputed Land Ownership -- Part Three. Between Villages and Courtrooms -- Chapter 7 Orphaned Grandchildren -- Chapter 8 Insurance Benefits -- Chapter 9 Triple Divorce -- Conclusion -- Appendix I The Population of Aceh based on Religious Affiliation, 2010 -- Appendix II The Result of the Provincial Legislative Election in Aceh, 2014 -- Appendix III Abbreviations and Glossary -- Bibliography -- Index
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"When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states
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"In this new study, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society, and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of citizens and their role. Contrary to the prevailing scholarly view, this work adopts the position that local custom began to diminish and decline as a source of authority. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law"--Unedited summary from book jacket
Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.
One of the main critical but interesting issues today to be discussing and debated even there is no right or wrong answer to this issue, is the job opportunity and career for young graduates in almost all educational disciplines especially social and religious science which including also halal science in the current of uncertain and bad economy situation. It is a known fact that everyone of us including myself has gone through a rough start in our life or career upon graduations many years ago. We grabbed whatever came along the way before we built our successful career. We have to pick up any jobs along the line as we have got bills to pay and stomach to feed and later on family to take care. In this article, discussion will be made to identify the challenge and job opportunity for halal science graduates. Its challenge is not so critical as others because halal education is a new discipline that rooted in the Holy Quran and the Sunnah of the Prophet Muhammad (s.a.w) and emerges in modern life as a result of high demand of global society since halal business proposition is ready to be the next world market force in global. In this regards, various Islamic political policies have been determined and implemented in Muslim countries notably Negara Brunei Darussalam for the purpose of disseminating and developing halal education for global reach. It is found that the graduates of halal science may try to secure their job and career in many positions notably as government servant in several Ministries i.e., education, health, agriculture, trade, finance, etc.; halal auditors; halal consultants; working in Industry/company; research assistant & researcher in Universities; Educationist i.e., teacher; religious preachers (Da`i); academician; halal- entrepreneur and MA & PhD Students.
Klassieke sharia en vernieuwing biedt een beknopte introductie op de 'sharia' of islamitische wetgeving. De twee belangrijkste delen van het boek behandelen de klassieke sharia en de vernieuwingen die in de tussentijd hebben plaatsgevonden. Na een inleiding op de aard van de sharia, de belangrijkste spelers en hun methodologie, gaat Berger in op de invloed van de sharia op de vier belangrijkste onderdelen, te weten het staatsrecht, het familierecht, het strafrecht en het economisch recht. De auteur laat zien hoe de sharia zich als gevolg van staatsvorming en modernisering heeft ontwikkeld van
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This study aimed to explain the existence of sharia-based regional regulations and discuss the form of legal system regulation of sharia-based regional regulations in Indonesia. After the reformation, changes in the legal system in Indonesia began, especially the change from a centralized pattern to a decentralized one and the granting of regional autonomy authority, this was marked by the issuance of regional regulations based on the needs of each region. The next problem is the emergence of the desire to establish sharia-based regional regulations such as in Aceh, South Sulawesi, and West Java which invites legal discourse on the legal system in Indonesia. This study used a qualitative method with a normative legal approach. The subjects of this study were the namely elements of the Central and Regional Government, and Members of the DPRD. In addition, information was also collected from scholars, academics, and legal practitioners. The research procedure was carried out in four steps: observation, in-depth interviews, and documentation. The data were analyzed using an inductive model. The research findings showed that; first, the implementation of post-reform Islamic Shari'a cannot be separated from the increase in democratic life in Indonesia. Second, the application of Islamic Shari'a is the desire of the community as the foundation and order of social, national, and religious life. Third, the application of sharia-based regional regulations in addition to being elite political capital is also part of increasing identity and cultural revival and social life of the community.
Sharia housing with sharia developer system using cash and in house method without involving the bank is thriving, because in the advert mentioned no fines and confiscations. While every financing there is a possibility of contract breach, such as La Tansa Cluster Malang Housing, there are several users doing breach of contract. This breach of contract can cause problems between developer and user so that solution is needed. The goals of this research are determining factors that led to the breach of contract and the efforts to resolve trade breach of contract in La Tansa Cluster Malang in terms of civil code and Islamic laws. This research uses empirical legal research with a sociological juridical approach, a concept approach, and a legislative approach. Data collected by interviews with developer of La Tansa Cluster Malang and the user, and then analyzed using qualitative descriptive analysis methods. The results showed that breach of contract occurred in La Tansa Cluster Malang due to lack of user candidate analysis, postpone payments, family deaths, business failures, serious illness, and inaccurate financial predictions. According to civil code, the efforts to resolve contract breach of sharia housing trade in La Tansa Cluster Malang are doing deliberation, communication, time extension, PPJB canceling (according to the Article 1338 paragraph (2) of Civil Code), and money returning (according to Article 1267 and Article 1248 of Civil Code). While the efforts to resolve the breach of contract in La Tansa Cluster Malang according to Islamic laws are doing deliberation or reconciliation (shulh), communication, time extension (according to surah al-Baqarah (2): 280), PPJB canceling (based on fasakh iqalah), and money returning (based on dhaman al 'aqdi).