The trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishment
Patent has a prominent place in people's nowadays lives as it becomes the main mover of their advancement as well as a barometer of a nation's development and treasure. Countries with a huge percentage of patents occupy higher position and get stronger political influence than others. Therefore, the worldwide countries have agreed to conduct agreements to protect the patent through so called Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Indonesian's signing on the agreement was then followed by a legal cover in the field of patent through Law number 13 of 2016. This study aims to examine the concept of exploitation in the Indonesian Law using Islamic jurisprudence as the evaluative instrument. It focuses on how far the congruity between both in portraying the patent and punishment for its exploitation is. We use analytical and critical method as well as comparative ones. The careful study on this law and Islamic jurisprudence including its principles and purposes makes it clear that both agree on patent as a part of wealth and property and therefore, it needs protection as well as rules on punishment for the aggressors. Both also share the same opinion on patent exploitation rules whether personal exploitation or through a license contract. However, Islamic jurisprudence has established procedures for patent exploitation and one of which is that it should not harm others.
Javanese people have many traditional ceremonies. Those ceremonies include the entire cycle of human lives; in the womb, birth, childhood, adolescence, marriage to death. One of the unique ceremonies is the wedding ceremonies namely nontoni, lamaran, upacara tarub, and panggih. This research aims to describe kaeda of "Al-"A
The Muslim minorities in non-Muslim countries face many problems. The most important of which are religious problems. They want to deal with non-Muslims, without taking away their Islamic personality. They are in dire need of a fatwa that is easy and tolerant, away from narrowing and embarrassment. Contemporary scholars, especially syekh Yusuf Qaradhawi, respond this need, and issue fatwas, which are easy and tolerant. The research aims to clarify the principle of facilitation in the fatwas of contemporary scholars with regard to Muslim minorities in the field of personal status, and the suitability of this principle to the principle of facilitation in Islamic Jurisprudence. The character of the research is a descriptive, analytical, and critical. The researcher concludes that the scholars adhered to the principle of facilitation in their fatwas for Muslim minorities, in the field of personal status. And the best testimony to that is the fact that they have stated that it is permissible for a woman to remain with her non-Muslim husband, and that they are allowed to legalize the inheritance of a non-Muslim. The facilitation adopted by them is commensurate with the facilitation of Islamic jurisprudence, its principles and purposes, because it stands on the principle of taking into account of necessity, need, license, rule of origin, and changing the ruling by changing its cause.
Ijtihād is an important way to discover the law over new issues. The need for ijtihād in the present becomes even more important as the problem develops with the development of science and technology. Scholars (ulama) are urgently needed to discover the law over these new problems by using the correct method of ijtihād, by using texts without putting aside the reality of life and the intentions (maqāshid) behind those texts. This research aims to describe the urgency of maqāshid sharia in ijtihād. The study begins by explaining the meaning of ijtihād as well as maqashid sharia, and finally discovering the use of maqāshid sharia on the contemporary fatwas. The approach used in this research is descriptive-qualitative approach, because this study is intended to reveal and describe the meaning of ijtihād as well as maqāshid sharia, and the use of maqāshid sharia on those fatwas. By using research methods outlined above, it can be concluded that the maqāshid sharia have an important role in ijtihād. Therefore, the contemporary scholars relay on the maqashid sharia in their fatwas; in worship, transactions, family jurisprudence, modern medicine and others.
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