Hunafa: Jurnal Studia Islamika

189-231

Authors: Ujang Maman Maman, Kusmana Kusmana, Dudi Supiandi

The concept of al-musaqah appears in Islamic history when Prophet Muhammad conquered the fertile farmland surrounding Khaibar, abandoned by Jews as the original owner of the land. The concept of al-musaqoh also appears in fiqh deliberations, in which it is a partnership between tenants and land owners. By deepening literature, the concept of al-musaqah is part of sharia agribusiness system that could be an alternative partnerships and farmer institution in meeting staple food needs. The alternative concept is very necessary since Indonesia has been facing the issue of agricultural land conversion and difficulty to form sustainable food agriculture area (SFAA). For the implementation of al-musaqoh, the Government should systematically form the SFAA on the state owned land, and estabilish its institution to manage SFAA in the central and regional level. Then, the SFAA management implement al-musaqoh partnership with farmer groups. By the concept, the Government would be able to control staple food procurement and distribution to achieve food self-sufficiency which is profitable for farmers and non-farmers. However, the implementation is based on the view that the provision of basic needs should not be left to market mechanism.

253-274

Authors: Andi Bahri

Zakat as one of the pillars in Islam with dimensions ubudiyyah, ijtimaiyyah and iqtishadiyyah. As a country with the largest Muslim population in the world, Indonesia will potential benefit in zakat management. Based on calculation, the number of Muslim population will produce more zakat to increase ummah well-being in the zakat is managed in professional and accountable ways. Majority of zakat management problems includes limited qualified human skills and human resources (HR) in zakat management. In addition, weak regulations has also resulted in slow improvment in the optimization of zakat management. As a solution to the chronic problem is to provide urgent solutions in the zakat management organization (OPZ). This includes the involvement of stakeholders (government) in regulating the mechanism of zakat management and promoting public education about the obligations of zakat contribution. The position of zakat profession in Islam has similar position with other zakat income. As the result, the most accurate term given to zakat profession is zakat income (kasab). While the position between zakat and tax, there are three arguments: First, zakat and taxes are equally paid by every taxpayer and zakat obligators. Second, a Muslim chooses either of the two instruments: paying zakat or paying taxes only. Third, a muslim chooses one between; zakat or taxes, and assume his/her choices are representative of both. If he/she pays taxes, then he/she considers the tax as zakat from his property.

301-326

Authors: Sakirman

The hudûd Syahrûr theory is designed to manifest fiqh apart from the dominance of the tyrannical system as it occurs in classical Islamic fiqh. This theory wants to realize the Islamic law that is formed in the corridor of the law (al-fiqh ad-dustur). According to Syahrûr, the need for al-fiqh ad-dustur is very urgent because the fiqh of Islam that has been so far is relying on the character (fuqaha) personally, not institutional. Therefore, the existence of a legal democracy or a judiciary free from executive influence is very difficult to find in Islamic legal thought. Because Islam is always associated with the figure then the Islamic judiciary, for example also always depends on the face of judges. If the judges are good, then the Islamic judiciary will look good, and so if otherwise, if the judges are ugly then the Islamic judiciary will also look bad. As is the case in the Middle East, in the context of the Islamic world, hudûd theory also arises in connection with Syahrûr's efforts to uphold democracy and civil liberties, especially in jurisdictions. This emergence was driven by Syahrûr's concern in looking at the decadence experienced by Islamic law in the modern world. Syahrûr assumes that in the field of law, the Islamic world is currently experiencing an acute crisis. Therefore, he considers that the existence of new fiqh formed based on new methods is very urgent to be realized. The hudûd theory is part of a new method proposed by Syahrûr in contemporary Islamic legal thought. Therefore, this paper examines aspects of contemporary methodology in hudud theory concept initiated by Muhammad Syahrur.

347-376

Authors: Suharto, Muhammad Iqbal Fasa

Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists). The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the Application of Takāful From Islamic Law Perspective, including The Concepts of Takāful (Sharia Insurance), Legal Basis of Takāful (Sharia Insurance), History of Takāful (Shariah Insurance) Development, Scholars' Views on Takāful (Sharia Insurance), The Principles of Takāful (Sharia Insurance), Establishment of Contract in Takāful (Sharia Insurance), and To Compare The Characteristics Between Takāful (Shariah Insurance) and Commercial Insurance.