IMPLEMENTASI PRINSIP KEADILAN DALAM HUKUM PERJANJIAN SYARI’AH

This paper will examine the implementation of the eighth values which appear to be unclear in transactions and sharia agreements, especially in the aspects of the pre-process agreement, process, and post-process. Meanwhile, the use of descriptive analysis method with the provision of the theory of justice can reveal the extent to which the value of justice can be implemented for the parties in the study. Thus, procedural justice is implemented in determining the subject of the agreement at least tamyiz in the pre-process, namely the parties are able to take responsibility for their own agreements which are not the responsibility of others even though the parents themselves. While in the stage of the justice process it is also often part of what can be implemented in an agreement. For example implementing proportional justice in qabul consent. Because the purpose of the stipulation is to know the extent of the readiness and willingness of each party in the agreement. Whereas in the post-process process, the value of justice can also be implemented in the form of the transfer or implementation of rights and obligations for each party. Where the value of justice in this condition is al-mizan or the similarity of scales in terms of quality and quantity.

Law and Justice in Aristotle

This chapter provides a comprehensive account of Aristotle’s views on law and justice. It starts off with the differences between Plato’s and Aristotle’s theories. It then discusses in detail Aristotle’s analysis of the various kinds of justice in the Nicomachean Ethics, and moves to the Rhetoric with its conception of legality and ‘fairness’ (epieikeia). It then concludes with an analysis of how different conceptions of justice, as well as a commitment to the supremacy of law, informs Aristotle’s various constitutional taxonomies in the Politics. It discusses in particular the relationship between various notions of proportional justice and particular regimes (politeiai), with a focus on democracy and oligarchy.

The Distribution of Zakat Mal Based on Al-’Adl in Order to Improve The Welfare of The Mustahiqs in The Laznas of Baitul Mal Hidayatullah South Sulawesi

The main problem of this research is how is the distribution of zakat mal based on al-‘adl in improving the welfare of mustahiq at LAZNAS BMH South Sulawesi? This type of research is classified as qualitative with the research approach used is: theological-normative and sociological economics. The results of this study indicate that the distribution of zakat mal conducted by LAZNAS BMH South Sulawesi, there are two patterns, namely: consumptive distribution patterns and productive distribution patterns. The consumptive pattern of zakat mal is given to meet the basic needs of mustahiq, while the productive pattern is given in the form of empowering Human Resources, which is formidable preachers, poor education scholarships, empowered boarding school economics, and social community programs. Distribution of zakat is done by applying the values ​​of justice namely; proportional justice, not tyrannical, and recognizing freedom, the distribution process always embarrasses the scale of priorities that mustahiq most need.

ANALISIS ASAS KEADILAN PADA PEMBAGIAN HARTA WARISAN MENURUT HUKUM ISLAM

Al-Qur’an surah An-Nisa’ sentence 11 dan KHI of section 176 explaining that shares of between men and woman is two comparing one. Inheritance Law of principled Islam form proportional justice, and conception distributive justice its meaning a justice passing to each and everyone based by for its service or its rights.But in certain case, portion of division of heritage cannot that way, so long as there is certain reason is which might of according to Islam law, referred as by this of sulh ( settlement by agreement applying).Al-Qur’an surat An-Nisa’ ayat 11 dan KHI pasal 176 menjelaskan bahwa bagian warisan antara lakilaki dan perempuan adalah dua berbanding satu.Hukum kewarisan Islam berprinsip keadilan berimbang, dan berkonsep keadilan distributif (justice distributife) artinya suatu keadilan yang memberikan kepada setiap orang didasarkan atas hak dan kewajibannya. Namun dalam kasus tertentu,porsi pembagian warisan bisa tidak demikian, asalkan ada alasan tertentu yang diperbolehkan menuruthukum Islam, inilah yang disebut sulh (penerapan jalan damai).

Aequabilitas in Cicero's Political Theory, and the Greek Tradition of Proportional Justice

This inquiry starts from two passages in book 1 of Cicero's de Re Publica, both concerned with the failings of democracy as a political form. The first occurs in Scipio Aemilianus' opening criticism of the three unmixed constitutions. The weakness of democracy is that (1. 43)cum omnia per populum geruntur quamvis iustum atque moderatum, tamen ipsa aequabilitas est iniqua, cum habet nullos gradus dignitatis: