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THE VALUES OF ASQ-SYARIAH MAQASHID ON SANCTIONS FOR MUZAKKI AND "DOCUMENT WRITER" OF ZAKAT VIOLATION IN PROVINCE OF NAD Study of Qanun No. 10 of 2007 concerning Baitul Maal.
Nurdhin Baroroh

Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta.


Abstract

THE VALUES OF ASQ-SYARIAH MAQASHID ON SANCTIONS FOR MUZAKKI AND "DOCUMENT WRITER" OF ZAKAT VIOLATION IN PROVINCE OF NAD Study of Qanun No. 10 of 2007 concerning Baitul Maal. By: Nurdhin Baroroh, S.H.I., M.S.I. Abstract The NAD Qanun (Islamic law) No. 10 of 2007 concerning Baitul Maal is a law which replaces the previous provisions in Qanun No. 7 of 2004 on Zakat Management. Some parts are changed while others are still maintained by this new rule. The provisions related to Muzakki (the islamic tax payer) are the sama by which a Muzzaki, in case they tried to avoid the obligation, will be fined to pay double. Meanwhile the sanction for “the document writer” trying to fake the fact to avid the Zakat payer from paying his/her obligation has been made clear. It is mentioned that the document writer who betrays to his/her mandate will be fined as much as Rp. 3000.000 or at least Rp. 1000.000. What is applied in NAD can be understood as one form of the mandates to the Law of the Republic of Indonesia No. 11 of 2006 concerning the Government of Aceh, which becomes the legal basis and constitutional foundation for the implementation of special autonomy in the province; it is also an effort to keep the land of Serambi Mekah as a part of the Unitary State of the Republic of Indonesia. It is quite interesting to see the implementation of the sanctions in the NAD Qanun No. 10 of 2007 by using the Maqashid Asy-Shariah approach, in other words the purpose of establishing laws in the science of Jurisprudence. The ultimate purpose of the law is the efforts to protect the 5 basic human rights (religion, souls, common sense, offspring and property). By appliying this approach, it will be seen how far the implementation of sanctions can be in harmony with the aspects of basic human right protection, of which the values will not only affect the convicted but also the community where the law applies. Keywords: Qanun, Sanction, Muzakki, Maqashid Asy-Syari-ah

Keywords: Qanun, Sanction, Muzakki, Maqashid Asy-Syari-ah

Topic: Islamic Law

Link: https://ifory.id/abstract/XrdR3va8gzZD

Conference: Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Plain Format | Corresponding Author (Nurdhin Baroroh)

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