Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)

Session: Islamic Society

16 articles
Proceedings Article

Alternative Optimization of Hajj Fund Using Sharia Shares

Andre Zanij Deananda, Wirdyaningsih
Hajj fund management is the responsibility of the Haji Financial Management Agency (HFMA) since the enactment of Government regulations no. 5 of 2018 concerning Implementation of Law number 34 of 2014 about Management of Financial Hajj. Management in the form of Sharia Investment is the choice of HFMA...
Proceedings Article

The Theory of Compulsion (Ijbar) in Marriage Under Islamic Law: Incorporation of the Hanafis View on Compulsory Consent in Marriage Under the Islamic Family Law (Federal Territories) Act 1984

Azizah Mohd, Nadhilah A. Kadir
Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of compulsion...
Proceedings Article

Optimization of Sukuk to Support Sustainable Development in Indonesia

Bintang Setiadi Pratama, Hafizh Mahendra Fikri, Wirdyaningsih
Sukuk is now globally known as one of the fast-developing financial instruments that consistently apply Islamic principles. The role of Sukuk in Indonesia is not limited to the development and expansion of a Sharia-based economy. It also plays a larger role in the financing of both public and private...
Proceedings Article

Protection of Legal Contracts from Islamic Perspective

Dody Safnul, Tan Kamello, Hasim Purba, Edy Ikhsan
A contract is an agreement between two or more people regarding some issues agreed by the parties, which causes legal consequences in the form of rights and obligations for each party. Usually, the contract should be in written form and signed by the parties. General provisions regarding contracts are...
Proceedings Article

Notary Role in the Development of Sharia-Based Economy

Edi Natasari, Budiman Ginting, Runtung, Syafruddin Kalo
The majority population of Indonesia is Muslim and thus, is a large market share to develop business with the sharia economic system. The presence of a notary is necessary to ensure legal certainty for the community in conducting transactions in sharia. The method used in this study was normative juridical...
Proceedings Article

Strengthening Sharia Economy Through Halal Industry Development in Indonesia

Fadhil Yazid, Tan Kamello, Yasir Nasution, Edy Ikhsan
Indonesia is the largest Muslim country in the world, with more than 87% of the total Muslim populations. This quantity is a promising market share, including products and services. The purpose of this study is to examine the prospect of halal industries in supporting the development of Islamic economics...
Proceedings Article

Green Sukuk Issuance as an Investment Instrument for Sustainable Development

Imam Arifiadi Ramadhan, Wirdyanigsih
Indonesia’s ratification of Paris Agreement through Law No. 16/2016 in October 2016 shows the commitment of the Indonesian government to prevent adverse impacts of climate changes. Such commitment, however, requires a huge sum of funding. Indonesia, as the country with the biggest Muslim population,...
Proceedings Article

The Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh)

Nouvan Moulia
In Article 37 Paragraph (1) Aceh Qanun Number 6 of 2014 on Jinayat Law mentioned that the moslems who confess of doing zina then their confession is considered as the request to be sentenced with zina punishment. However in its practice, the researcher finds out that some verdicts decided by Sharia Court...
Proceedings Article

Adoption of Islamic Bankruptcy Law Values Into Indonesian Bankruptcy Law to Protect Good Faith Debtors

Robert, Bismar Nasution
This paper discusses the reasons of Islamic bankruptcy law values that should be adopted by Indonesia as a country with the world’s largest muslim population. This study employs a qualitative research method by using secondary data. The results indicate that the current Indonesian bankruptcy law is not...
Proceedings Article

Optimization of Hajj Fund Management in Indonesia with Productive Zakat

Sarniti, Wirdyaningsih
Zakat is the only pillar of Islam that has a social dimension. The Indonesian Islamic Economics and Finance Masterplan (MAKSI) released by BAPPENAS included zakat as a state financial instrument. The inclusion of zakat as an inclusive financial instrument is because the role of zakat has proven concrete...
Proceedings Article

Gender Equality Perspective and Women Position in Islam

T. Saiful, Yaswirman, Yuslim, Azmi Fendri
This article aims to investigate and explain the principles of equality with a gender perspective and women position in Islam. The results showed that: women and men in Islam have an equal position, as a servant of God who is created through the same reproduction method. Islam introduces the concept...
Proceedings Article

Comparison of Rights and Obligations of Believers in Islam and Regulation in Indonesia

Zahratul Idami, M. Hum, Azhari Yahya
Each adherents of religion in a country have rights and obligations. Indonesia is a country of law which is predominantly Muslim. Islam also has regulations of its own in arranging the rights and obligations of the followers. Indonesian state which adheres to the rule of law certainly regulates the relationship...
Proceedings Article

Type of Agreement and Default Case Settlement for Debtors of Sharia Pawnshop in Banda Aceh, Indonesia

Muhammad Zaki Armiya, Saidin, Azhari Yahya, Teuku Ahmad Yani
An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement for Sharia Pawnshop is without exception. The province of Aceh is the strongest base for Sharia pawnshop. There are two factors considered essential regarding the Sharia Pawnshop in Banda Aceh, i.e. the type...
Proceedings Article

Implementation of Authentic Notarial Deed in Making Financing Contract in Islamic Banks

Zulfitri, Runtung, Tan Kamello, Muhammad Yamin
Islamic banking is a financial institution that must comply with Islamic principles in carrying out its business activities. Islamic banking functions as an intermediary institution to mobilize funds from customers and redistribute the funds to customers in the form of financing. Notary as a public official...
Proceedings Article

Spatial Scales of Property: Custom, Islam, and Law in Aceh

Daniel Fitzpatrick
This paper considers the governance of property in Aceh and the effect of the tsunami disaster. In a complex social system, the mechanisms to ensure respect for property include contracts, coercion and coordination. Because these mechanisms cluster at spatial scales – such as households, neighborhoods...
Proceedings Article

Utilizing the Function of Waqf Land for Development of Flats Building for Public Housing (Study of Cooperation Agreement Between the Indonesian Government with the Executive Board of Nahdlatul Ulama)

Gemala Dewi, Irvan Saputra
This research paper discusses the arrangement and conformity of cooperation agreement between Secretary General of Ministry of Religious Affairs of the Republic of Indonesia, Directorate General of Public Works and Public Housing (PUPR) (on behalf of The Government) and The Executive Board of Nahdlatul...