DIFFERENCES BETWEEN SHARIA
And conventional Sharia stocks: 1. Investment is limited to certain sectors (in
accordance with sharia), and not on the basis of debt. 2. Based on sharia principles (the
application of loss-profit sharing). 3. Prohibit various forms of interest, speculation and
gambling. 4. The existence of a sharia guidline that regulates various aspects such as asset
allocation, investment practices, trade and distribution of data collection. 5. There is a screening
mechanism for companies that must follow sharia principles. Conventional: 1. Free investment
in all sectors. 2. Based on the principle of interest. 3. Allows speculation and gambling which in
turn will encourage uncontrolled market fluctuations. 4. Guidline investment in general on
capital market legal products. The sharia capital market can be interpreted as activities in the
capital market as regulated in the UUPM that do not contradict sharia principles. Therefore, the
sharia capital market is not a separate system from the capital market system as a whole. In
general, Sharia Capital Market activities do not have any differences from the conventional
capital market, but there are some special characteristics of the Sharia Capital Market, namely
that the products and transaction mechanisms do not conflict with sharia principles. The
opening of the Jakarta Islamic Index in Indonesia (JII) in 2000 as a sharia capital market provides
opportunities for Muslim and non-investor investors to invest their funds in companies that
comply with sharia principles. Various prod
ucts are offered in the sharia index in JII, including stocks, bonds, sukuk, sharia mutual
funds, etc. In the capital market, the above sharia prohibition must be implemented in the form
of rules of the game that prevent the practice of speculation, riba, gharar, and maysir. One of
them is by setting a minimum holding period or a minimum period of holding shares. In the
international world, sharia stock indices have sprung up and developed rapidly, especially in the
West and the Middle East in line with the development of the Islamic economy globally. The
sharia index provides a safe investment alternative, especially for Muslims who want to invest in
accordance with sharia. D. BAITUL MAAL WAT TAMWIL (BMT) Economic Background
Linguistically derived from the words oikos and nomos. Oikos means household and nomos
means to organize. From this understanding, it can be interpreted that the economy means
regulating the household. The basic goal is to meet the needs of life, through various economic
activities, namely production, distribution, and consumption. In the development in Indonesia,
it is driven by a deep sense of concern for the many poor people who are entangled by loan sharks
and also in the context of trying to provide alternatives for those who want to develop their
businesses, but cannot be directly related to Islamic banking (BMI or BPRS) because their
businesses are relatively small and micro. In BMT or commonly called Cooperatives, both as a
people's economic movement and as a business entity participates in realizing an advanced, just
and prosperous society based on Pancasila and the 1945 Constitution in the national economic
system which is arranged as a joint effort b
ased on the principle of kinship and economic democracy. Baitul Mal wat Tamwil (BMT)
which is actually in the conception of Islam is an alternative to sharia financial institutions that
have a social and productive dimension on a national and even global scale, where the economy
of the ummah is centered on this institutional function which leads to the life of other economic
institutional functions. BMT performs the function of a financial institution, namely carrying out
community fund collection activities, distributing funds to the community, and providing other
services. Until now, BMT does not have a legal umbrella. BMT uses various arrangements,
causing legal problems, including legal uncertainty, related to the legal form, the process of
establishment, ratification, coaching and supervision of BMT. This is different from Sharia Banks
which already have a legal umbrella, namely Law No. 10 of 1998 concerning Banking and Law No.
21 of 2008 concerning Sharia Banking which stipulates, among others, the legal form,
establishment, ownership, activities, guidance, supervision and operations of Islamic banking.
In BMT or commonly called cooperatives, there are several regulations and there are their own
principles, as mentioned in Law No. 25 of 1992, as for the BMT regulations themselves explained
in Government Regulation No. 9 of 1995 concerning the implementation of savings and loan
business activities by cooperatives, and KEP. MEN No.91 of 2004 concerning financial services
cooperatives. The meaning of the term Baitul Maal wal Tamwil (BMT) actually comes from two
words, namely baitul maal and baitul tamwil. The term baitul maal comes from the words bait
and al maal. Bait means building or house, while al maal is property or wealth. So, baitul maal
can be interpreted as treasury (general or state). Meanwhile, baitul maal seen in terms of the
term fiqh is an institution or body that is tasked with managing the State's wealth, especially
finance, both those that are complacent with income and management and those related to
expenditure issues and others. While baitul tamwil, literally the temple is a house and at- tamwil
is the development of property. So, baitul tamwil is an institution that carries out activities to
develop productive businesses and invest in improving the welfare of micro entrepreneurs
through financing and saving (investing) activities. The definition of BMT was put forward by Nurul
Heykal; Baitul Maal wal Tamwil (BMT) is an ins
titution consisting of two terms: Baitul Maal and Baitul Tamwil. Baitul Maal is more
oriented to non-profit efforts to collect and distribute funds, such as zakat, infaq and shodaqah.
The Baitul Tamwil is a business to collect and distribute commercial funds. Core Principles and
Products of Baitul Maal Wat Tamwil Baitul Maal Wat Tamwil are actually two institutions that
become one, namely the Baitul Maal institution and the Baitut Tamwil institution which both have
different principles and products even though they have a close relationship between the two in
creating an even and dynamic economic condition. In summary, P3UK (1994) explains the
principles and core products of Baitul Maal wat Tamwil as follows: a. Principles and Core
Products of Baitul Maal Has principles as a collector and distributor of zakat, infaq, and
shadaqah funds. It can be stated that the core products of Baitul Maal consist of: 1. Baitul Maal
Fund Collector Products receive and seek funds in the form of zakat, infaq, and shadaqah, and
also receive funds in the form of donations, grants, or waqf as well as funds of a social nature. 2.
Fund Distribution Products The distribution of funds must be specific, especially funds sourced
from zakat, because it has been stipulated in the nash, namely to 8 asnaf. Meanwhile, funds
outside zakat can be used for the development of the business of the poor, the construction of
educational institutions, mosques and other operational costs of social activities. b. The core
principles and products of Baitut Tamwil i
n Baitut Tamwil are not much different from the principles used by Islamic banks. There
are three principles implemented by BMT in its function as Baitut Tamwil, namely: 1. Profit
sharing principle This principle is a system that includes procedures for distributing business
results between investors and fund managers. The distribution of this profit sharing is carried out
between BMT and fund managers and between BMT and fund providers. The form of products
based on this principle is Mudharabah and Musyarakah. 2. Principle of buying and selling with
profit (Mark-up) This principle is a buying and selling procedure in which BMT appoints the
customer as an agent (who is authorized) to purchase goods on behalf of BMT, then BMT acts as
a seller, selling the goods to the customer at a price of a certain purchase price plus profit for
BMT or often called margin Mark-up. The profits obtained by BMT will also be distributed to
providers or depositors. The form of product of this principle is Murabahah and Bai' Bitsaman Ajil.
3. Non-profit principle This principle is also called policy financing, this principle is more social
and not profit oriented. The source of funds for this financing does not require a cost (non cost of
money) unlike the forms of financing mentioned above. The form of this principle product is
Qordul Hasan financing. The core products of BMT as a function of Baitut Tamwil are as follows:
a. Fundraising products What is meant by fundraising products here, are in the form of types of
deposits collected by BMT as a source of funds that will later be distributed to productive
businesses. These types of deposits include: 1. Al-Wadi'ah 2. Al-Mudharabah 3. Amanah b. Fund
distribution product In this case, the fund distribution product is a form of financing pattern
which is a BMT activity in the hope of providing income. The financing patterns are: 1.
Mudharabah Financing 2. Musharakah Financing 3. Murabahah Financing 4. Bai' Saman Ajil
Financing 5. Financing al-Qardhul Hasan Form of BMT Legal Entity The definition of a legal entity
was stated by Subekti, a legal entity is a body or association that can have rights and perform
acts like a human being, as well as have its own wealth, can be sued or sued in front of a judge.
According to Subekti, legal entities as legal subjects include the following: a. Gathering of people
b. Able to perform legal acts and legal relationships. c. Have their own wealth. d. Have a manager.
e. Have rights and obligations. f. It can be sued or sued in front of the court. BMT can be
established in the form of non-governmental groups or cooperatives, including: a. KSM is a non-
governmental group by obtaining an operational certificate and PINBUK (Small Business
Incubation Center). b. Multi-business cooperatives or sharia cooperatives. c. Sharia Savings and
Loan Cooperative (KPS-S). Characteristics of BMT a
s a financial institution As an institution, the characteristics of BMT are influenced by the
philosophy of the institution. As with the philosophy of every sharia financial institution, the
philosophy of BMT is to seek the pleasure of Allah to obtain virtue in this world and in the
hereafter. In addition, BMT operations must be in accordance with business principles,
including: a. Prohibition of usury b. Prevention of gharar in the agreement. c. Prohibition of for-
profit businesses. d. Buying and selling or trading practices. e. The prohibition of trading in
prohibited commodities. The purpose of Baitul Maal wat Tamwil This microeconomic institution
at the beginning of its establishment focused on improving the quality of economic businesses
for the welfare of members in particular and the community in general through the provision of
capital loans. The provision of loan capital as much as possible can establish the economy of
borrowers. In order to achieve these goals, BMT plays its role and function in several ways: a.
Identifying, mobilizing, organizing, encouraging and developing the economic potential of
members, groups of muamalat members and their work areas. b. Improving the quality of human
resources of members to be more professional and Islamic so that they are more intact and
resilient in facing global competition. c. Mobilize and mobilize the potential of the community in
order to improve the welfare of members. Aft
er that, BMT can raise and mobilize this potential so that it can create added value to
members and the surrounding community. d. Become a financial intermediary between agniyah
as shohibul maal and dhu'afah as mudhorib, especially for social funds. BMT in this function acts
as an amil who is tasked with receiving zakat, infaq, sadaqah, and social funds and then
redistributed to those in need. e. Become a financial intermediary between fund owners, both as
financiers and depositors and fund users for productive business development. CHAPTER VII
BASICS OF ISLAMIC CRIMINAL LAW A. DEFINITION OF ISLAMIC CRIMINAL LAW Islamic criminal
law is a translation of the word fiqh jinayah. Fiqh Jinayah is all legal provisions regarding criminal
acts or criminal acts committed by mukallaf people (people who can be burdened with
obligations), as a result and understanding of detailed legal postulates and the Qur'an and
hadith. (Dede Rosyada, 1992: 86) Criminal acts are criminal acts that disturb public order as well
as actions against the laws and regulations that are sourced from the Qur'an and hadith. Islamic
Criminal Law is the sharia of Allah which contains benefits for human life both in this world and
the hereafter. Islamic sharia means, materially, contains a basic obligation for every human
being to carry it out. The concept of sharia basic obligation is to place Allah as the holder of all
rights, both those that exist in oneself and those that exist in others. Everyone is only an executor
who is obliged to fulfill Allah's commands. Allah's command, in question, must be fulfilled for the
benefit of himself and others. B. THE BASICS OF ISLAMIC LAW The basics have several meanings.
One of them is the truth that is the basis for thinking or opinion. In addition, it also means a base
or foundation. The word base means evidence to corroborate a statement. Therefore, if the word
"principle" is connected with the word "law" so that it becomes a legal principle, it means that
the truth is used as a basis for thinking and reason in putting forward an argument, especially in
the enforcement and implementation of law. It serves as a reference to return all problems
related to the law. (Zainuddin Ali, 2007: 2) The principles of Islamic law come from the Quran and
the Sunnah of the Prophet Muhammad SAW., both detailed and general. The nature of the
principle of law is developed by the human intellect that is qualified for it. Thus, it can be seen
that the principles of Islamic law include: (1) general principles, (2) principles of criminal law, (3)
principles of civil law, (4) principles of international law, (5) principles of state administrative law
and others. Of these various principles, only the first to the third principle will be conveyed
because the three principles are considered the most basic. (1) General Principles The general
principles of Islamic law are legal principles tha
t cover all fields and fields of Islamic law, which are as follows: a. Principles of Justice The
principles of justice are important principles and include principles in the field of Islamic law. The
consequences and importance of the principle are so that Allah SWT reveals in the Qur'an more
than 1,000 times, the most mentioned after the word Allah and science. There are many verses
of the Qur'an that command humans to act justly and uphold justice, including QS Shadd (38)
verse 26. Allah commands the ruler, the enforcer of the law as the caliph on earth to administer
the law as well as possible, to be fair to all human beings, regardless of social stratification,
namely the position, origin, and beliefs embraced by justice seekers. This is outlined in QS An-
Nisa (4) verse 135. Allah commands people to uphold justice, to be fair witnesses even to
ourselves, our parents and close family without distinguishing who we are dealing with.
Therefore, it can be concluded that justice is a principle, which underlies the main process and
purpose of Islamic law. b. Principle of Legal Certainty The principle of legal certainty is a principle
that states that no one act can be punished except by the force of existing regulatory provisions
and applies to that act. This principle is based on QS Al-Israa (17) verse 15 and QS Al-Maidah (5)
verse 95. c. Principle of Benefit The principle of benefit is a principle that joins the principle of
justice and legal certainty that has been stated above. In implementing the principles of justice
and legal certainty, the principle of benefit should also be considered, both to the person
concerned and to the interests of the commun
ity. In applying the threat of the death penalty to someone who has committed murder,
for example, the benefits of imposing the sentence on the defendant himself and the community
can be considered. If the death penalty to be imposed is more beneficial to the interests of the
community, that punishment is imposed. However, if the death penalty is not imposed because
the murder is accidental or similar to unintentional, it can be replaced with a fine paid to the
family of the murdered. This principle is based on QS A1-Baqarah (2) verse 178. 2. Principles of
Criminal Law The principles of Islamic criminal law are the legal principles that underlie the
implementation of Islamic criminal law, including: a. Principle of Legality The principle of legality
is a principle that states that there is no violation and there is no punishment until there is a law
that regulates it. This principle is based on QS Al-Israa' (17) verse 15 and QS Al-An'aam (6) verse
19. These two verses contain the meaning that the Qur'an was revealed by Allah to the Prophet
Muhammad so that it would be a warning (in the form of rules and threats of punishment) to you.
This principle of legality has existed in Islamic law since the Qur'an was revealed by Allah SWT to
the Prophet Muhammad SAW. b. The Principle of Prohibition of Transferring Blame to Others This
principle is a principle that states that every human deed, both good and evil deed, will get a
reward commensurate with what has been done. This principle is found in various surah and
verses in the Quran, including in QS Al-An'aam verse 165, QS Al-Faathir verse 18, QS Az-Zumar
verse 7, QS An-Najm verse 38, QS Al-Muddatstsir verse 38. c. The Principle of Presumption of
Innocence The principle of presumption of innocence is the underlying principle that a person
accused of committing a crime must be presumed innocent before a judge with convincing
evidence firmly declares his guilt. This principle is taken from the Qur'anic ayatayat which is the
source of the principle of legality and the principle of prohibition of transferring blame to others
mentioned earlier 3. Principles of Civil Law The principles of Islamic civil law are the legal
principles that underlie the implementation of Islamic civil law, including: (1) the principle of
family, (2) the principle of ability or mubah, (3) the principle of virtue, (4) the principle of the
benefit of life, (5) the principle of freedom and voluntariness, (6) the principle of rejecting
mudharat, taking benefits, (7) the principle of justice and balance, (8) the principle of prioritizing
obligations over rights, (9) the principle of prohibition of harming oneself and others, (10) the
principle of ability to act, (11) the principle of freedo
m of business, (12) the principle of obtaining rights due to business and services, (13) the
principle of protection of rights, (14) the principle of property rights for social functions, 15) the
principle that good faith must be protected, (16) the principle of risk imposed on objects or
property, not on labor or employees, (17) the principle of regulation, as a guide, (18) the principle
of written or spoken agreements in front of witnesses, and others (Mohammad Daud Ali, 1991:
114) The legal principles in the field of Islamic civil affairs that have been mentioned above, will
be explained only some of them, namely: a. The Principle of Family The principle of kinship is the
principle of civil relations that is based on respect, love, and help, all of which are based on
efforts to achieve the good. This principle is based on QS Al-Maidah (5) verse 2. b. Principle of
Ability or Mubah The principle of ability or mubah is the principle that allows all civil relations
activities to be carried out as long as there is no
prohibition in the Qur'an or in the Sunnah of the Prophet. This principle is based on QS
A1-Baqarah (2) verse 286. c. Principle of Virtue The principle of virtue is a principle that contains
the understanding that every civil relationship should and seeks to bring a virtue to both parties
and other parties in society. This principle is sourced from QS Al-Maidah verse 90. d. The Principle
of the Benefit of Life The principle of the benefit of life is the principle that underlies all work that
brings good, usefulness, and benefit to anyone, namely in the personal life of human beings and
the social life of society. C. SCOPE OF ISLAMIC CRIMINAL LAW The scope of Islamic criminal law
includes theft, adultery (including homosexuals and lesbians), accusing people of committing
adultery (al qadzaj), drinking intoxicating drinks (khamar), killing and/or injuring a person, theft,
damaging a person's property, committing acts of disorder and the like related to criminal law.
The criminal law in question is called jarimah. Jarimah is divided into two, namely jarimah hudud
and jarimah ta 'zir. The word Hudud (derived and Arabic) is plural and the word had. Literally had
several possible meanings, including limitations or definitions, torture, conditions or laws. Limits
in the discussion of fiqh (Islamic law) are provisions on sanctions against perpetrators of crimes,
in the form of physical or moral torture; while according to Islamic law, namely the decrees of
Allah contained in the Quran, and the Sunnah of the Prophet. The crime can be an act committed
by a person or group, intentionally or unintentionally, in fiqh terms called jarimah. Jarimah hudud
is a crime committed by one or more people that makes the perpetrator subject to limited
sanctions. As for jarimah, which is a criminal offense whose perpetrators are threatened with
sanctions, including adultery (sexual harassment); qadzaf (accusation of adultery); sariqah
(theft), harabah (stabbing, robbery, terrorists); Khamar (illegal drinks and drugs); bughah
(rebellion or subversion); and riddah/apostasy (conversion or conversion). In addition to jarimah
hudud in Islamic criminal law, there is also jarimah ta 'zir Jarimah ta'zir literally means to glorify
or help. However, ta'zir in the sense of Islamic law is an educational punishment that does not
require the perpetrator to be subject to limits and does not have to pay kaffarah or diat. Criminal
acts that are grouped or that are the object of discussion of ta'zir are minor crimes such as sexual
offenses that do not include adultery, accusations of committing crimes other than adultery,
theft whose value is less than one nisab of property. The types of punishment that are included
in jarimah ta'zir include imprisonment, suspension or dismissal, compensation, beating, verbal
reprimand, and other types of punishment that are considered appropriate to the violation and
the perpetrator. In Islamic law, the type of punishme
nt related to ta'zir punishment is completely left to human agreement. According to Imam
Abu Hanifah, a minor offense committed by a person repeatedly can be committed or can be
sentenced to death by a judge. For example, a thief who is put in a penitentiary, then still repeats
to steal when he has been sentenced to prison, the judge has the authority to sentence him to
death. In addition, it should be disclosed that in Islamic criminal law the criminal offense of
qishash is known. Literally qishash means to cut or reply. Qishash referred to in Islamic criminal
law is appropriate retaliation imposed on criminal perpetrators as sanctions for their actions. It's
another case. Diat means a fine in the form of objects or property based on the provisions that
must be paid by the criminal perpetrator to the victim as a sanction for the violation he
committed. Legal sanctions for the person who killed are handed over to humans, in the sense
that humans as subjects of law are given the authority to choose legal sanctions from two
alternatives, namely (a) the murderer is given a commensurate punishment, namely being killed
for intentional murder, and (b) the murderer pays diat to the victim's family for unintentional
murder. Therefore, Ibn Rushd as quoted by Arif Furqan grouped qishash into two, namely qishash
an-nafs (killing) and qishash ghair an-nafs (not killing). Qishash an-nafs, that is, the qishash that
makes the victim die. Qishash ghairu an-nafs is qishash related to the crime of injury or injury,
but the victim does not die. The first group is called al-qatlu (killing) and the second group is
called al-jarhu (injury)
TYPES of PUNISHMENT Types of punishment related to criminal offenses in Islamic
criminal law are divided into two parts, namely: (a) definite punishment provisions regarding the
severity of the punishment including qishash and diat listed in the Qur'an and hadith. This is
called hudud, (b) the punishment provisions made by the judge through his decision which is
called the ta'zir punishment. Public law in Islamic teachings is jinayah which according to the
rules regarding actions that are threatened with punishment, both in the jarimah hudud and in
the jarimah ta'zir. Jarimah is a criminal act. Jarimah hudud is a criminal act that has a form and
limit of punishment in the Qur'an and the sunnah of the Prophet Muhammad SAW. Jarimah ta'zir
is a criminal act whose form and threat of punishment are determined by the ruler (judge) as a
lesson to the perpetrator E. ELEMENTS OF ISLAMIC CRIMINAL LAW To determine a punishment
for a criminal act in Islamic law, the following normative and moral elements are needed: 1.
Juridically normative in one aspect must be based on a postulate that determines the prohibition
of certain behavior and is threatened with punishment. Another aspect is juridically normative
has a material element, namely an attitude that can be considered as a violation of something
commanded by Allah SWT (the Creator of mankind). 2. Moral Element, which is a person's ability
to accept something that actually has a value that can be held accountable. In this case, it is
called mukallaf Mukallaf is a Muslim who has reached puberty and has common sense. In
addition to the elements of criminal law that have been mentioned, it should be stated that
Islamic criminal law can be seen from several aspects, namely as follows: 1. In terms of the
severity or lightness of the punishment, Islamic criminal law can be distinguished into: (a)
jarimah hudud, (b) jarimah qishash, and (c,) jarimah ta'zir. 2. In terms of the element of intention,
there are two fingers, namely: (a) intentional, and (b) unintentional. 3. In terms of how to do it,
there are two fingers, namely: (a) positive ones, and (b) negative 4. In terms of the victim, there
are two jarimah, namely: (a) individuals, and (b) groups. 5. In terms of nature, jarimah is divided
into two, namely: (a) ordinary, and (b) political. F. SOURCES OF ISLAMIC CRIMINAL LAW Talking
about the sources of Islamic criminal law aims to
understand the source of the value of Islamic religious teachings that are used as a guide
to human life that must be obeyed. The systematics of the sources of Islamic teachings consist
of: (1) the Qur'an, (2) As-Sunnah, and (3) Ar-Ra 'yu. 1. The Qur'an The Qur'an is the first source of
Islamic teachings, containing a collection of Allah's revelations delivered to the Prophet
Muhammad SAW. Among the contents are the rules of life to regulate human life in relation to
Allah, its relationship with its own development, its relationship with fellow humans, and its
relationship with nature and other creatures. The Qur'an contains Islamic teachings, including:
(1) The principles of faith in Allah, Angels, Books, Messengers, Han finals, Qadha and Qadhar and
so on. (2) Sharia principles regarding special worship (prayer, fasting, zakat, and hajj) and general
worship (economy, marriage, government, criminal law, civil law, and so on). (3) Promises to
those who do good and threats to those who do evil (sin). (4) History of the previous Prophets,
society, and previous nations. (5) Science on monotheism, religion, matters related to humans,
society, and those related to nature. The Quran is a holy book that contains Divine revelation to
be a guideline for life in which there is no doubt in it. In addition, the Qur'an is a guide that can
create humans to fear Allah SWT. Therefore, the Qur'an puts forward many general principles
that govern human life in worshipping Allah SWT. Although muamalah activities occur
interactively between fellow beings, including the universe; However, it should be noted by
humans that all these activities are in the activity of worshipping Allah SWT. Thus, all human
actions are worship to Allah so that they must not go against the law of Allah SWT., and are shown
to achieve His pleasure. The Qur'an as a holy book containing instructions contains 6,236 verses,
this number is only 5.8 percent of all verses of the Qur'an that have details. (Abdul Wahab Khallaf,
1996: 35) The characteristics of these verses are as follows: 1) Prayer, fasting, hajj, zakat, and
others 140 verses. 2) Family life, marriage, divorce, inheritance rights, and so on 70 verses. 3)
Trade or economy, buying and selling, renting, borrowing, pawning, companies, alliances, and so
on 70 paragraphs. 4) Criminology problem 30 verses. 5) The relationship between Islam and non-
Islam 25 verses. 6) Judicial or court issue
s 13 paragraphs. 7) The relationship between the rich and the poor 10 verses. 8)
Statehood 10 verses. The total number of verses of the Quran that have the overall details
expressed above is 368 verses. And the number of 368 verses, only 228 verses are matters about
the people's social life. Based on the details and classification of these verses, it shows that the
verses that regulate family life and economic life have a large number. The number of family life
is very large because the family is the smallest social unit in each society. From good, prosperous
and happy families, a good, prosperous and happy society is also created. Families that do not
have strong ties will not be able to form a society that is also strong. Therefore, the firmness of
family ties needs to be maintained and this is one of the reasons why the verses of ahkam attach
importance to family life. In this connection, it should be noted that the purpose of worship in
Islam is to form good individuals and have noble ethics. The verses of ahkam regarding
community life are not only small in total, but also general, in the sense that they only give
outlines without details. This is different from the verses of ahkam regarding worship. Wahyu in
this case is more firm and more detailed. Society is dynamic, undergoing changes and times to
times, and if it is regulated by laws that are large and detailed, it will become bound and cannot
develop according to the passage of time. Here also lies the wisdom, the verses of the ahkam
regarding community life are small in number and only carry basic guidelines without details.
Therefore, only these basics are necessary and obligatory to be held in regulating the life of the
people in all places and times. In other words, those are the basics that cannot be changed by
man; Meanwhile, its interpretation, details, and implementation change according to the
demands of the times. It is around these basic interpretations that law in Islam develops 2. The
Sunnah of the Prophet Muhammad PBUH is the second source of Islamic teachings. Because,
the things revealed by the Qur'an are general in nature or require explanation, so the Prophet
Muhammad PBUH explained through the sunnah. Sunnah is the deeds, words, and permission
of the Prophet Muhammad SAW. Surveyed and in terms of the number of people who submitted
it. The hadith is divided into: (1) Mutawatir, which is a hadith narrated by many people who
according to reason cannot agree on lies and is conveyed through the way of the senses. (2)
Masyhur, which is a hadith that is narrated by many people but does not reach the degree of
mutawatir, both because of its number and because it does not go through the way of the senses.
(3) Ahad, which is a hadith narrated by one or more people who have not reached the level of
fame and mutawatir. Reviewed and in terms of the quality of hadith, it is divided into: (1) Saheeh,
which is a healthy hadith; which is narrated by
people who are trusted and have a strong memory, the material is good and the
connection of the sanad can be accounted for. (2) Hasan, which is a hadith that meets the
requirements of sahih hadith except in terms of poor memorization of the bearer. (3) Dha'it is a
weak hadith, either because one of its sanads is interrupted or because one of its bearers is not
good and so on. (4) Maudhu, which is a false hadith, a hadith made by a person and said to be the
word or deed of the Messenger. Viewed in terms of whether it is accepted or not, it is divided into:
(1) Maqbul, which is a hadith that must be accepted. (2) Mardud, which is a hadith that must be
rejected. Viewed and in terms of those who do or say, the hadith is divided into: (1) Marfu', which
is really the Prophet who once said, did, and gave
permission. (2) Mauquf is the Companion of the Prophet who does and the Prophet does
not witness the deeds of the Companions. (3) Maqtu', which is tabi'in who does. It means the
words of tabi'in related to religious matters. 1. Ar-Ra'yu The use of reason is one of the sources
of Islamic teachings. The use of common sense is called ar-ra'yu. Ar-ra'yu is an Arabic word that
is rooted in the word ra'a which means to see. Ar-ra'yu means vision. Vision here is the vision of
the intellect, not the sight of the eye, although the sight of the eye is often the instrument of the
formation of the vision of the intellect, just as hearing, touch, feeling, and so on. Ar-ra 'yu is
formed as a result of a process that occurs in the human brain after first obtaining input. The
inputs in question can occur before and after the thought process occurs. Therefore, it often
happens that the result of this thought process is very dependent on the amount of input that a
person has, the richer the input is, the richer it is in his thought process. This thought process is
highly dependent on input or the process of association, analyzing and making a synthesis that
will give birth to a conclusion. The process is called Utihad. The person who performs ijtthad is
called mujtahid. Ijtihad at this time is more important than in the time of the Prophet Muhammad
(saw), even though in the time of the Prophet Muhammad (saw). After the death of the Prophet
Muhammad, ijtihad grew, even Abu Bakr himself reminded his people to be criticized if they did
the wrong ijtihad, said in the first speech when he was appointed Caliph. If we observe the
phenomenon of religious problems today, we find that many problems have not been regulated
by the Qur'an and Hadith. There are so many problems in question that we often find the Qur'an
instructing humans to use their reason. Not only that, but it is a natural process that humans will
think and use their minds to the fullest. In addition to the ijtihad, analogy (qiyas) is one of the
thinking techniques. Therefore, if someone confirms that there is ijtihad, then it is true that there
is also qiyas. Although the truth is in question, there are requirements for people who have the
right to ijtihad in religious matters. Ijtihad can only be done if there are no clear verses of the
Qur'an and hadith regarding a social or other problem. Such things are the focus of study in
ijtihad, so they are commonly called sources of dynamics in Islamic teachings. If the ijtihad is
seen from the implementation to anticipate the scope of problems that arise and the people who
participate in the law in solving problems, then it can be called ijtihad fardi and ijtihad jam'i. 1)
Ijtihad Fardi is every ijtihad that is carried out and receives the approval of several mujtahids. This
is regional. 2) Jam'i ijtihad is every ijtihad that is carried out and has the approval of all people
who are eligible for ijtihad. It is national. (Zainuddin Ali, 2007: 21) Ar-Ra'yu or reasoning is the third
source of Islamic teachings. The use of human r
eason (reasoning) in interpreting the verses of the Qur'an and the sunnah which are
general. This is done by Islamic jurists because it requires human reasoning. Therefore, Ar-Ra'yu
contains several meanings, including: a. Ijma' Ijma' is the unanimous opinion of the mujtahidin
jurists at a certain time on a law after the time of the Prophet Muhammad (saw). b. Qiyas Qiyas
is to equate the law of a matter for which there is no legal provision with a case for which there is
already a legal provision. The similarity of the legal provisions in question is based on the
existence of elements of similarity that already have legal provisions and those that do not have
legal provisions called illat. c. Istihsan Istihsan is to exclude the law of an event and the law of
other similar events and give him another law of the same kind. The exception in question is made
because there is a strong basis. d. Mashlahat Mursalah Mashlahat Mursalah is the determination
of law based on benefits (goodness, interests) which has no provisions
