At-Tahdzib: Jurnal Studi Islam dan Muamalah http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib <p>At-Tahdzib: Jurnal Studi Islam dan Muamalah diterbitkan oleh Sekolah Tinggi Agama Islam At-Tahdzib Ngoro Jombang</p> <p>&nbsp;</p> Sekolah Tinggi Agama Islam At-Tahdzib Ngoro Jombang Indonesia en-US At-Tahdzib: Jurnal Studi Islam dan Muamalah 2089-7723 <p><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img style="border-width: 0;" src="https://i.creativecommons.org/l/by/4.0/88x31.png" alt="Creative Commons License"></a><br>Jurnal Studi Islam by <a href="/index.php/tahdzib/index" rel="cc:attributionURL">At-Tahdzib</a> is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a>.<br>Based on a work at&nbsp;<a href="http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib">http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib</a></p> Sewa Guna Dengan Hak Opsi Dalam Prespektif Hukum Islam http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4958 <p><strong><em>Background.</em></strong> <em>Operationally, finansial lease transaction focuses more on the financing aspect of the Lessor given to the lesse, where the lesse will bear all aspects of maintenance and responsibility for the goods he rents.</em><strong><em><br>Aim. </em></strong><em>This study aims to examine financial leases in the perspective of Islamic law.</em><strong><em><br>Methods. T</em></strong><em>his type of research is a qualitative research with a descriptive approach that uses the literature study method as the completion methodology. With the object of research, the Leasing case is seen from the point of view of Islamic law, and how Islam answers these problems.</em><strong><em><br>Results. </em></strong><em>From the point of view of Islamic law, finance leasing transactions tend to be similar to the concept of ijarah or ijarah vomitiyah bi al-tamlik which is used as the basis for making the DSN MUI fatwa on shari'ah leasing. This fatwa provides an overview of the legal basis, rights and obligations of the Lessor, Lessee and other parties involved in this contract. Applicatively, as long as it does not harm either party, the financial leasing law is basically allowed.</em></p> Moh. Ulumuddin Ahmad Insya’ Ansori Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-13 2022-09-13 10 2 79 85 Tradisi Masyarakat Adat Jawa Terhadap Pantangan Pernikahan Di Bulan Muharam Perspektif Hukum Islam http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4955 <p><strong><em>Background.</em></strong> <em>Marriage is a holy, strong, and solid agreement to live together legally between a man and a woman to form an eternal family, polite, loving, peaceful, and happy.</em><strong><em><br>Aim. </em></strong><em>The purpose of this study was to determine the traditions of the Javanese indigenous peoples against marriage taboos in the month of Muharram from the perspective of Islamic law.</em><strong><em><br>Methods.</em></strong><em> This study uses field research (Field Research), using a descriptive nature that is to provide descriptions and information about marriage taboos in the month of Muharram Islamic Law Perspective in Bandar Rejo Village, Way Pengubuan District, Central Lampung Regency. And by using an empirical approach as a framework of proof or testing to ensure a truth. The data obtained through the interview method.</em><strong><em><br>Results. </em></strong><em>The prohibition of getting married in the month of Muharram which occurs in the village of Bandar Rejo, Way Pengubuan District, Central Lampung Regency, in Islamic law there are no specific texts, both Al-Quran and Hadith that determine a certain day as the day when marriage is prescribed. While the taboo on marrying in the month of Muharram which causes this disaster is not justified, because the calamity is a test from Allah.</em></p> Ani Mardiantari Annikmah Farida Moh. Dimyati Ita Dwilestari Nurkholis Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-10 2022-09-10 10 2 69 78 Pendidikan Karakter Dalam Kisah Nabi Musa a.s. http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4936 <p><strong><em>Background.</em></strong> <em>The story of Prophet Moses is the longest and most complex story in the Holy Qur'an. This shows that within the story of Prophet Moses&nbsp;there is&nbsp;plenty of character education content. The contents of character education very&nbsp;important to be studied and may be an answer to this weakness of the nation's character.</em><strong><em><br>Aim. </em></strong><em>This study aims to find and understand the character education contained in the story of Prophet Moses in the Holy Qur'an.</em><strong><em><br>Methods. </em></strong><em>This research is&nbsp;descriptive qualitative research, in which the researcher analyzes, describes and summarizes the data related to the story of Prophet Moses.</em><strong><em><br>Results. </em></strong><em>The results of this study are the story of Prophet Moses as in the Holy Qur'an contains many characters education, namely: religious, honest, curiosity, hard work, social care, communicative friendly, love of knowledge, courteous, and responsible.</em></p> Indra Syahfari Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 60 68 Mahar Emas Dalam Pernikahan Adat Masyarakat Aceh Pidie http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4932 <p><strong><em>Background.</em></strong> <em>Mahar is part of marriage that provided by husband to their wife, in term of Aceh mahar called mayam and consist of gold. Furthermore, each mayam is around 3gram gold for some area while the other is 3,3 gram gold. Due to the price is quite expensive at Rp. 2.500.000.- until Rp. 3.000.000.- each mayam, most of adults (man) prefer to delay their plan to marry or event married another woman from different regency, because they should prepare 15 – 30 mayam gold for getting married in other cases they are more than 30 mayam gold.</em><strong><em><br>Aim. </em></strong><em>In order to ensure that family have the power making decision based on their status by comparing both of Islamic law and tribe that used to be law in society.</em><strong><em><br>Methods. </em></strong><em>This literature study supposed to give a general view of cultural marriage in Aceh. Qualitative method is consis of field research and library research. used to collecting the data by interview numerous people that have capabilities related to research topic. combined with previous study.</em><strong><em><br>Results. </em></strong><em>The results of this study are that married a woman from Aceh Pidie regency is a man have to give her lots of gold well-known as mayam in Aceh culture. Generally, mahar that would be given was decided by woman family even though sometimes it was made by both families.</em><strong><em>&nbsp;</em></strong></p> Muhammad Ikhsan Abdullah Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 54 59 Jual-Beli Emas Non-Tunai: Fatwa DSN-MUI, Pandangan Ulama’ Klasik dan Modern http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4930 <p><strong><em>Background.</em></strong> <em>The value of gold remains one of the long-term investment oions. Meanwhile, the scholars (Fuqaha) tend to have the opposite view of gold investment.</em><strong><em><br>Aim. </em></strong><em>Studying the legal aspects of buying and selling gold on a non-cash basis according to the views of classical and modern Fuqaha.</em><strong><em><br>Methods. </em></strong><em>The study analyzed the sale and purchase of non-cash gold qualitatively with three stages of descriive methods, namely descriion, formulation and interpretation.</em><strong><em><br>Results. </em></strong><em>Classical scholars tend to forbid the law of buying and selling gold in non-cash based on the idea that gold is a medium of exchange. Modern scholars tend to allow the sale and purchase of gold non-cash based on the consideration that gold is currently a commodity (goods that can be traded) not a medium of exchange. Islamic law is experiencing the development of the cause of illat (the legal reason that includes the law that appears has disappeared).</em></p> Bustanul Arifin Himmatun Nisa Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 44 53 Tinjauan Fikih dan Dampak Ekonomi Jual-Beli Tawaruk http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4927 <p><strong><em>Background.</em></strong> <em>Many of the practices of buying and selling Tawaruk that occur in Tegalgubug require a review of fiqh and the economic impact for local communities and the perpetrators of buying and selling.</em><strong><em><br>Aim. </em></strong><em>This study aims to conduct a fiqh review of the practice of buying and selling Tawaruk and the economic impact.</em><strong><em><br>Methods. </em></strong><em>This research is a qualitative research with a literature study approach to fiqh and economic studies</em><strong><em><br>Results. . </em></strong><em>The results of the practice of buying and selling Tawaruk in fiqh still contain the problem of ikhtilafiyah (forbidden, allowed, makruh) among the fuqoha, but there is a risk to usury because it is feared that the value of goods will continue to increase which is detrimental to people who owe the goods. If a fine is imposed due to late payment, it is included in usury activities. The sale and purchase of Tawaruk has a positive impact on the economic growth of local residents and buyers from outside the city.</em></p> Muhammad Nabhani Syukron Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 38 43 Sistem Dropshipping Mu’amalah Menurut Perspektif Ekonomi Islam http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4906 <table> <tbody> <tr> <td> <p><strong><em>Abstract</em></strong></p> </td> </tr> <tr> <td> <p><strong><em>Background. </em></strong><em>Human life today is not far from buying activities, both locally and domestically or internationally, humans practice trade in various ways and models that grow according to the conditions of the times. At first, buying and selling only met with sellers and buyers directly at the store with transaction facilities and products being traded.</em></p> <p><strong><em>Aim. </em></strong><em>The research is intended to explain the muamalah dropshipping system from the point of view of Islamic economics.</em></p> <p><strong><em>Methods. </em></strong><em>This research uses library research procedures or library research where the information obtained comes from authoritative sources, such as books and journals that are still relevant to the focus and review of the research.</em></p> <p><strong><em>Results. </em></strong><em>The results of the research conclude that it is permissible for transactions that continue to grow in the economic process as long as they do not violate and do not conflict with Islamic principles, dropshipping transactions which have now become a citizen's routine can be carried out as long as the perpetrators understand. The transaction method, because the system is vulnerable and leads to the cancellation of the contract, is to sell objects that do not belong to him, and the development of technology greatly affects the growth of pressured fatwas issued. But on many sides, with the legal norms that have been summarized by previous scholars by looking at the equality of the illat law, a quick and appropriate legal answer can be found to determine the law in every legal event for which there are no clear legal requirements in the Qur'an and as - Sunnah.</em></p> <p>&nbsp;</p> <p><strong><em>Keywords: </em></strong><em>Dropshipping, Islamic Economics, Muamalah, Sharia</em></p> </td> </tr> </tbody> </table> Aldian Alfrillianda Andriko Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 30 37 Implikasi Pelanggaran Taklik Talak Terhadap Status Perkawinan Perspektif Kitab Fiqih dan UU Perkawinan http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4904 <p><strong><em>Background.</em></strong> <em>Taklik talak is an agreement in which the husband depends on the occurrence of a divorce for his wife if it turns out that in the future the husband violates one or all of the things in the taklik talak agreement.</em><strong><em><br>Aim. </em></strong><em>To find out and analyze the implications of the violation of taklik talak on marital status from the perspective of the book of fiqh and the marriage law.</em><strong><em><br>Methods. </em></strong><em>The type of research used is library research, namely the book of fiqh and the Marriage Law as the main sources. This research approach uses a normative approach and is analyzed qualitatively, namely based on the Marriage Law No.1 of 1974 and also studied based on fiqh books such as classical fiqh Fathul Mu'in Translation, Fathul Qarib Translation Idol Fiqh, and General References of the Ummah. The data analysis technique uses deductive techniques which are used to find out the violation of taklik talak on marital status which is then developed and described in more detail based on fiqh books and the Marriage Act.</em><strong><em><br>Results. </em></strong><em>Based on the study of fiqh books, the husband who violates the taklik talak he said after the marriage contract took place, then the divorce fell for his husband directly, who had already signed the taklik talak. Because it is the husband who has hung the divorce on a thing or trait, thus the divorce falls with the realization of that nature according to the words of the husband. While the violation of takalik talak on marital status according to the Marriage Act must meet the requirements in divorce, sighat taklik talak contains 2 conditions, namely alternative conditions and cumulative conditions.</em></p> Joni Reka Jaya Ahmad Muklishin Sulastri Mufid Arsyad Rakhmat Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 18 29 Praktik Murabahah Emas Pada Bank Syariah di Indonesia Berdasarkan Tinjauan Hukum Fiqih Muamalah http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4891 <p><strong><em>Background.</em></strong> <em>This study exists to examine the concept of investing or saving gold in Islamic banks which is carried out with the murabahah (buying and selling) financing model. Researchers found a problem, namely in the murabahah contract, and the gold payment mechanism which was carried out by means of fixed monthly installments.</em><strong><em><br>Aim. </em></strong><em>T</em><em>his paper aims to present the practice of gold murabahah at Bank Mandiri Syariah as an evaluation of the practice of saving gold with gold murabahah contracts in Islamic banks</em><strong><em><br>Methods. </em></strong><em>This study uses a comparative approach analysis method by analyzing the comparative law used by Islamic banks, namely the DSN MUI fatwa with a review of Fiqh muamalah according to the number of scholars. To explain this, the researcher uses a qualitative descriptive method with a muamalah fiqh approach, through this approach the researcher suggests how to practice according to the Shari'a.</em><strong><em><br>Results. </em></strong><em>The researcher found that there were differences of opinion among scholars regarding the concept of murabahah, and gold installments which the majority of scholars forbade it. Therefore, this study contributes to the analysis of the practice of saving gold in Islamic banks based on the fiqh muamalah review.</em></p> Dina Juni Marianti Zulfa Rasyida Ema Utami Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 9 17 Perlindungan Hukum Perkawinan Masyarakat Suku Samin http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4818 <p><strong><em>Background.</em></strong> <em>The marriage of the indigenous Samin tribe in Kudus Regency shows that there are marriages that cannot be registered in the population administration. The researcher found that not being able to register the marriages of the Samin Tribe in Kudus Regency prevented them from getting civil rights. The main cause is the religious identity on the Identity Cards written by Islam even though they are not basically Muslims.</em><strong><em><br>Aim. </em></strong><em>This study aims to determine the factors that influence the Samin tribe community in the practice of marriage being reluctant to register it and the village government efforts to legalize the implementation of traditional marriages of the Samin tribe community without the involvement of state officials in the form of marriage registration.</em><strong><em><br>Methods. </em></strong><em>This research is a qualitative field research, the data are taken systematically directly from the field. This research descriptively examines observation data, interview results, and documentation.</em><strong><em><br>Results. </em></strong><em>Based on the results of the study, it can be concluded that the marriage of the indigenous people of the Samin Tribe is not legal under the law because it does not involve the role of the marriage registrar. The Constitutional Court through its decision Number 97/PUU-XIV/2016 gave fresh air to the people of belief in Indonesia by including the religion Belief in God Almighty in the religion column of the ID card. Based on this decision, the indigenous people of the Samin Tribe have been able to register their marriage to be recorded with the registration officer in accordance with the beliefs of the Samin Tribe.</em></p> Imamul Mujahidin Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-09-05 2022-09-05 10 2 1 8 Metode Ijtihad Dan Dinamika Persoalan Di Kalangan Imam Madzhab http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4763 <p><strong><em>Background.</em></strong> <em>There is no corner of space that is not touched by Islamic law, the difference in legal products from the results of ijtihad scholars is a blessing for the people. The problem is; Why do scholars differ on a religious issue? </em><strong><em><br>Aim. </em></strong><em>T</em><em>his study aims to explore the ijtihad method of madhhab scholars used as a tool to analyze all phenomena that occur, so that the roots of these differences are known.</em><strong><em><br>Methods. </em></strong><em>This research is a type of qualitative research in the form of library research, by exploring the arguments and methods used by scholars who then make legal products that are different from one another.</em><strong><em><br>Results. </em></strong><em>The results of this study indicate that differences are mercy, as long as these differences do not cause division, and always bring benefit with logical arguments and can be accepted by common sense, even though there are two types of differences, namely differences in reason (ikhtilaf al-aql), and differences in morals. (ikhtilaf al-akhlak), differences occur due to unequal contextualization, thus requiring different arguments and methods of ijtihad, resulting in unequal products from one another.</em></p> Mohammad Yasir Fauzi Agus Hermanto Habib Ismail Mufid Arsyad Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-31 2022-03-31 10 2 67 79 Reasuransi Dalam Perspektif Maqashid Al-Syari'ah http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4687 <p><em><strong>Background.</strong> Reinsurance is a type of international business. As an international business, reinsurance companies have a global scope and operations. Important issues that need to be discussed in this study include how to conceptually study reinsurance in Indonesia? this problem can be solved through a normative approach, the second problem relates to how is reinsurance in the perspective of maqhasid al-syari'ah? This problem can be solved through a philosophical approach, by looking for a common thread between the concept and practice of reinsurance itself.</em><br><em><strong>Methods.</strong> This research is a library research. The approach in this research uses philosophical-theology by positioning Shari'ah insurance in a theological context and Maqasid al-Shari'ah in a philosophical context. Operationally, the first approach is used to explore the legal basis, technical guidelines to the aspects of implementing Sharia Insurance in Indonesia. The second approach is used to draw a common thread between reinsurance and Maqasid al-Shari'ah, content analysis techniques, namely studying messages in various literatures ranging from vocabulary, sentence patterns and background situations.</em><br><em><strong>Results. </strong></em><em>In terms of investment, insurance companies as the holder of the trust must invest the funds collected and the investment must be carried out in accordance with sharia. In the management of investment funds, both tabarru' and saving, a Wakalah bil Ujrah contract can be used by following the provisions as above, the Mudharabah contract by following the provisions of the Mudharabah fatwa. reinsurance as the subject of the fulfillment of the delegation of responsibility given by the cending company to the second insurer even though in essence there is a Quota Share both profit and risk. The most important aspect lies in the reinsurance agreement itself.</em></p> <p><em>&nbsp;</em></p> Moh. Ulumuddin Ahmad Insya' Ansori Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-09 2022-03-09 10 2 72 83 Epistemologi Tafsir Aurat Perempuan Menurut Hussein Muhammad http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4648 <p><strong><em>Background.</em></strong> <em>Discussions about the use of headscarves by women seem to force women to cover their genitals completely without seeing the purpose of their use. Through Husein Muhammad's study that there are things that are far more important, namely security for women or men.</em><strong><em><br>Aim. </em></strong><em>This article aims to reveal Husein Muhammad's view of women's genitalia.</em><strong><em><br>Methods. </em></strong><em>This literature study took various reference about women's genitalia, uses an epistemological interpretation analysis framework to discuss the sources, methods, and validity of interpretations.</em><strong><em><br>Results. </em></strong><em>Husein studied women's genitalia based on the Holy Qur'an, Hadith, and </em><em>ijma' 'ulama by applying five methods, namely: first, making the goal of sharia (maqashidusy sharia) as the main basis of interpretation; second, analyzing the socio-historical aspects (as-Siyaqut taarikhil ijtima’i) of the cases in the text; third, analyzing the language and its context (as-Siyaqul orali); fourth, identifying the causal aspect in the text as an analogical way of thinking for the needs of a new social context, now and here (qiyasul ghaib 'alasy syahid), and; fifth, conducting a critical analysis of the sources of hadith transmission (takhirjul asanid) and criticism of matan (naqdul matn). The validity of Husein's interpretation was tested through the application of three theories of truth, &nbsp;namely coherence, correspondence, and pragmatism.</em></p> Ahmad Murtaza MZ Raisa Zuhra Salsabila Awaluddin Kiki Rumonda Rezaki Hasibuan Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 56 66 Sayyidah Nafisah, Seorang Sufi Ulama Perempuan http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4644 <p><strong><em>Background.</em></strong> <em>Women and gender studies continue to find momentum, but female clerics are almost never studied. This is early evidence of the assumption that women are not significant in the clergy or even the scientific world in general</em>.<strong><em><br>Aim. </em></strong><em>This paper aims to show that female clerics must be recognized for their clergy and knowledge, rights, roles and existence, both in the scientific context and in the life of the nation and state.</em><strong><em><br>Methods. T</em></strong><em>his paper designed with the literature study method.</em><strong><em><br>Results. </em></strong><em>Sayyidah Nafisah is the great-grandson of the Prophet Muhammad. She is an example that the existence of female clerics has significance in the context of clergy and the scientific world in general. It is time for society to recognize the existence of female clerics who have the rights and obligations to realize the ideals of the nation and state by developing a moderate, tolerant perspective, respecting diversity.</em></p> Rafiqatul Anisah Asriana Kibtiyah Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 50 55 Penerapan Teori Interaksi Simbolik dan Perubahan Sosial di Era Digital http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4633 <p><strong><em>Background. </em></strong><em>The digital era is the historical period characterized by the existence of digital technology, including communication and social interaction. The unrealized discoveries in the field of technology will also affect social change greatly, and will also have a very serious impact on education indirectly.</em><strong><em><br>Aim. </em></strong><em>This paper will elaborate how the theory of symbolic interaction and the theory of social change as a collaborative approach in carrying-out social research and solutions in dealing with the current digital era. the qualitative approach is used in this research with a critical-analytic method to a social case.</em><strong><em><br>Methods. </em></strong><em>Library research was conducted to analyze the theory of this social change as the data took from many kinds of literature that contained this theory.</em><strong><em><br>Results. </em></strong><em>Explained in this paper the theory of symbolic interaction initiated by George Herbert Mead and later completed by Herbert Blumer. This symbolic interaction theory has three main key concepts: mind, self, society where the symbols of attitudes, behavior, ways of speaking are seen in the interactions that take place. Meanwhile, the theory of social change initiated by Auguste Comte and Herbert Spencer is a theory about changes in the structure of society that can affect the patterns of social interaction and something that can build human character towards a better process or vice versa.</em></p> Abdur Rouf Hasbullah Nur Ahid Sutrisno Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 36 49 Tantangan dan Solusi Pengembangan Ar-Rahn BSI KC Gresik Kartini http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4631 <p><strong><em>Background.</em></strong> <em>The community needs a source of financing that is fast, easy, safe and in accordance with sharia. BSI opens sharia gold pawn services </em>(rahn)<em> with various internal and external challenges.</em><strong><em><br>Aim. </em></strong><em>This study aims to examine the real challenges faced by BSI in the development of sharia gold pawning (rahn) and their solutions.</em><strong><em><br>Methods. </em></strong><em>T</em><em>he researcher used a qualitative research design with a phenomenological study paradigm. The data were collected through unstructured interviews, documentation, and observation. Participants were selected purposively based on the emic perspective. The research data were analyzed using a phenomenological data analysis model.</em><strong><em><br>Results. </em></strong><em>In rahn, there is no term "confiscation" by the recipient of the pawn or pawnee (murtahin) of the pawned gold (marhun), there is a rescheduling mechanism for the redemption of marhun, the gold owner who pawns the gold (rahin) has a great opportunity to maintain and preserve the value of the investment inherent in the gold. In the case of debt (marhun bih) being paid or marhun failing to redeem, rahin does not lose because it still receives the remaining proceeds from selling marhun after deducting the value of marhun bih. Unless the market price of gold falls at that time, rahin will not lose, even if the price of gold on the market goes up, because marhun is priced higher than the initial price of buying gold. As a solution, it is time for the promotion of rahn BSI to be oriented towards public education. Education will make the public realize that rahn is the best choice for pawning gold for Muslims who adhere to sharia principles in worship practices, sharia principles in business.</em></p> Raniah Tasya Nugraha Lilik Rahmawati Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 28 35 Pernikahan Penyandang Disabilitas Perspektif Hukum Perkawinan Indonesia Dan Fiqh http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4619 <p><strong><em>Background.</em></strong> <em>Marriage is a lawful and main way to realize and maintain human honor, because by marrying people can avoid behaviors that are forbidden by Allah SWT. As normal human beings in their human instincts, persons with disabilities are also gifted with sexual desire and the desire to continue their offspring in a grand procession called marriage. However, with the various shortcomings that exist in them, they are worried that they will have difficulty in carrying out the life of the ark of their household life.</em><strong><em><br>Aim. </em></strong><em>For this reason, it is necessary to know how marriages carried out by persons with disabilities are in the eyes of legislation and Islamic law, and this requires legal certainty.</em><strong><em><br>Methods. </em></strong><em>This literatur study purpose to determine and analyze: Marriage Law for Persons with Mental Disabilities according to Law No. 1 of 1974 and Law no. 8 of 2016. This research method uses library research methods, namely research that collects data and information with the help of various materials contained in the literature.</em><strong><em><br>Results. </em></strong><em>The results of this study are that legally, marriages for people with mental disabilities are still legal in terms of harmony and there is no damage or there must be an annulment in terms of the terms of marriage. Because for people with mental disabilities, whether prospective brides or grooms, there are no criteria, they must be healthy and respond to the needs of contemporary life such as human rights, gender, environment, democracy and others.</em></p> Dwi Hidayatul Firdaus Mufidah Ch Suwandi Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 19 27 Perkembangan Pemanfaatan Teknologi E-Commerce Dalam Sistem Jual Beli Islam http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4616 <p><strong><em>Background.</em></strong> <em>The utilization of internet technology, computers, and or other electronic devices in the buying and selling system is now a new 'trend' in society. However, it should be noted that in muamalah (Islamic trade law), the process of buying and selling transactions was regulated.</em><strong><em><br>Aim. </em></strong><em>This study examines the use of e-commerce and its laws in the Islamic buying and selling system.</em><strong><em><br>Methods. </em></strong><em>Data collection is conducted by library research whose work pattern is qualitative and descriptive. Primary and secondary data sources come from empirical data, namely various literature sources on matters relating to research problems.&nbsp;</em><strong><em><br>Results. </em></strong><em>E-commerce is a form of economic interaction (muamalah) for which there are no concrete provisions in the Qur'an and the Sunnah of the Prophet SAW so that in the process it must meet the conditions of sale and purchase that have been outlined in Islam. Buying and selling online through e-commerce is defined as a sale and purchase transaction as-salam and al-istishna so that e-commerce transactions are allowed in Islam as long as they avoid things that make them unlawful. In addition, e-commerce transactions are the same as buying and selling transactions in the real world, that is, as long as like is the same as like, then the law is halal.&nbsp;</em></p> Siti Nuraeni Adilah Hafizha Nur Sabrina Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 11 18 Kepemimpinan Ibu Nyai Hj. Lathifah Masruh Di Pondok Pesantren At-Tahdzib http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4597 <p><strong><em>Background.</em></strong> <em>The leadership of Islamic boarding schools has distinctive characteristics according to Islamic religious culture and values. In respect to the teacher (Kiai/Nyai) by the students is a necessity. In addition to the existence of a Kiai as a “leader in the boarding schools, </em><em>the figure of a Nyai in the leadership of boarding schools education” is also very essential. The leader has his own unique and distinctive nature, habits, temperament, character and personality so that behavior By applying dynamic leadership, character education in Islamic boarding schools is increasingly advanced and develops while maintaining religious purity which is the main characteristic of Islamic boarding schools.</em><strong><em><br>Aim. </em></strong><em>This study aims to produce descriptive data related to leadership, strategies, and leadership methods Mrs. Nyai Hj. Lathifah Masruh in developing the At-Tahdzib Islamic boarding school.</em><strong><em><br>Methods. </em></strong><em>The research method used in this research is field research using a qualitative model. The nature of this research is descriptive analysis and uses interview, observation and documentation data collection techniques.</em><strong><em><br>Results. </em></strong><em>The results of this study found that Mrs. Nyai Hj. Lathifah masruh uses and applies strategies and methods that are certainly good, in her strategy she applies the strategies of listening, clarifying, solving problems, and motivating. So that he is a figure who plays a role not only in the At-Tahdzib Islamic boarding school, but also plays an important role in the At-Tahdzib Islamic boarding school. Then in terms of his method “using the method of giving orders, motivating with praise, and giving reprimands, and “having sensitivity or tolerance, as well as his efforts to have leadership qualities “that are in accordance with the example of the leader, namely Rasulullah SAW.</em></p> Nilna Imroatus Sholikhah Asriana Kibtiyah Syaiful Alim Copyright (c) 2022 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2022-03-01 2022-03-01 10 2 1 10 Perkembangan Pemikiran Wakaf Asuransi Syariah di Indonesia http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4599 <p><em><strong>Background.</strong> The development of the sharia economy opens up opportunities for sharia financial instruments, one of which is sharia insurance to become an object that can be waqf. This prompted DSN-MUI to issue fatwa 106/DSN-MUI/X/2016 concerning waqf insurance benefits and investment benefits.</em><br><em><strong>Aim. </strong>The purpose of writing this paper is to explore the development of Islamic insurance waqf thinking in Indonesia, more precisely to examine some of the literature that has examined Islamic insurance waqf as the object of study.</em><br><em><strong>Methods.</strong> The&nbsp; method&nbsp; used&nbsp; in&nbsp; this&nbsp; research&nbsp; is literature review with&nbsp; a qualitative approach.</em><br><em><strong>Results.</strong> This paper explain that the DSN-MUI fatwa no. 106/DSN-MUI/X/2016 which is the legal basis for the development of waqf thinking using sharia insurance instruments, its legal status is allowed because it refers to the principle of maslahah mursalah. The waqf referred to in the fatwa is an insurance benefit waqf whose provisions are set for no more than 45% of the total benefits obtained, while investment benefits of no more than 1/3 of the maximum amount of wealth may be waqf on investment benefits with a note with the approval of the heirs.</em></p> Eris Munandar Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2021-12-30 2021-12-30 10 2 64 71 Partisipasi Masyarakat Nagari Pariangan dalam Pemberdayaan Desa Wisata Alam dan Budaya http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4595 <p><em><strong>Background.</strong> Nagari Tuo Pariangan is a village located in Pariangan sub-district, Tanah Datar Regency, West Sumatra Province. In the Minangkabau Tambo it is stated that Nagari Tuo Pariangan is the oldest village in Minang land as well as the forerunner to the establishment of other villages in West Sumatra. Their source of income is from farming and gardening and the community is quite prosperous and part of the population migrates. With the natural wealth of the people of Nagari Tuo Pariangan, they also empower their area as a leading tourism and culture, this is proven by the 2014 statistical increase of 511 foreign tourists, 5651 archipelago, 2015, 625 foreign tourists; 7253 archipelago, 2016 936 foreign countries, 17,836 archipelago. This development shows that the level of community participation in Nagari Tuo Pariangan has increased participation and has also experienced developments in other sectors, such as the development sector of economic life, and the social sector in the community. From a level that only relies on rice fields and plantations, it has increased with an increase in the tourism sector.</em><br><em><strong>Aim. </strong>Describe the level of participation of the Nagari Parianagan Community in Empowerment as a Natural and Cultural Tourism Village.</em><br><em><strong>Methods.</strong> To conduct this research, the methodology used is qualitative by exploring all sources of library data for research. </em><br><strong><em>Results.</em></strong><em>The results of the study show that the level of community participation in Nagari Tuo Pariangan has increased, especially in the form of partnerships, resulting in increased community empowerment in the Natural and Cultural Tourism Village.</em></p> Silvia Desliani Mohammad Fajar Amertha Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2021-12-29 2021-12-29 10 2 56 63 Komitmen Abu Bakar dalam Peristiwa Hijrah Nabi Muhammad SAW. dari Makkah ke Madinah Tahun 622M http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4563 <p><em><strong>Background.</strong> Member commitment is one of the key variables in determining the success of the organization. The value of members' commitment to the organization becomes a real need for da'wah organizations that carry the mission of preaching Islamic values ​​in an effort to build a good society. This study aims to examine the behavior of Abu Bakr's commitment in the event of the Prophet's migration to Medina in 622M.</em><br><em><strong>Aim. </strong>Exploring the behavioral form of Abu Bakr's commitment in carrying out the task of accompanying the Prophet when he migrated to Medina. As a reference for da'wah institutions in measuring the commitment of members and the basis for forming organizational commitment to members of their da'wah&nbsp;</em><br><em><strong>Methods.</strong> The research uses a descriptive qualitative approach and library research.</em><br><em><strong>Results.</strong> Abu Bakr has implemented organizational commitment behavior that is able to make an important contribution to the journey of the existence and future of Islamic da'wah in the long term. Abu Bakr showed commitment to Islamic organizations in the form of accepting the Hijrah decision set by the Prophet, giving all the resources he had to make the Prophet's migration mission successful to Medina, and having the loyalty to continue to accompany the Prophet in whatever problem conditions/ situations the organization faced until the goal. Organization was achieved. The Prophet arrived safely in Medina. </em></p> Eric Dwi Rufianto Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2021-12-29 2021-12-29 10 2 46 55 Behavior Analysis Of Chilli Traders: A Review Of Islamic Economic Sociology http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4538 <p><strong>Latar Belakang. </strong>Kegiatan ekonomi tidak berdiri sendiri, tetapi banyak dipengaruhi oleh perilaku sosial yang mengelilingi terjadinya aksi ekonomi. Perhitungan ekonomi tanpa disadari mempengaruhi tindakan sosial. Demikian juga, tindakan ekonomi sering dipengaruhi oleh pengaturan sosial di mana tindakan ekonomi dilakukan. Sosiologi Ekonomi Islam adalah studi yang mempelajari hubungan antara masyarakat di mana interaksi sosial dan ekonomi terjadi. <strong><br>Tujuan. </strong>Penelitian ini bertujuan untuk mengetahui perilaku para pedagang cabai di pasar utama Pare dan perilaku para pedagang cabai di pasar utama Pare dalam hal sosiologi ekonomi Islam.<strong><br>Metode. </strong>Jenis penelitian ini adalah deskriptif kualitatif. Sumber data yang digunakan adalah data primer dan data sekunder. Data dikumpulkan dengan cara observasi, wawancara dan dokumentasi.<strong><br>Hasil. </strong>Perilaku pedagang tidak terpisahkan dari faktor untuk memenuhi kebutuhan hidup, mulai dari cara mendapatkan barang dagangan kemudian menjualnya. Cabai dijual dengan mencampur cabai yang baik dengan yang busuk, sehingga berat timbangan meningkat, perawatan harga untuk konsumen juga rata-rata tidak sama tergantung pada siapa pembelinya, jika pembeli terlihat dari luar kota, harga dinaikkan. Kebersihan pasar yang tidak dijaga menyebabkan bau menyengat, cabai dikemas dalam kantong plastik, sehingga konsumen tidak diberi memiliki kesempatan untuk melihat dengan bebas. Dipandang dari sosiologi ekonomi Islam, perilaku pedagang cabai di pasar utama Pare menunjukkan interaksi dengan beberapa pihak, termasuk: hubungan dengan petani, pembeli, pemerintah, dengan sesama pedagang cabai, dan hubungan dengan masyarakat sekitar.</p> Naning Fatmawatie Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2021-12-28 2021-12-28 10 2 41 45 Analisis Pengembangan Pariwisata Halal Negeri Di Atas Awan Bukit Nato Kabupaten Toraja Utara http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4513 <p><em><strong>Background.</strong> The majority of the Toraja people embrace Christianity, some are Muslim and believe in animism or commonly called Alu To Dolok. Halal tourism, both in terms of guaranteeing halal products and in terms of places of worship, is needed to increase Muslim tourists in North Toraja Regency.</em><br><em><strong>Aim. </strong>This study aims to describe the analysis related to the development of halal tourism in the country above the clouds of Nato Hills, North Toraja Regency, in providing religious services and facilities for Muslim tourists.</em><br><em><strong>Methods.</strong> The method used in this study is a qualitative method, the characteristic of this research lies in the purpose of describing a case by understanding the meaning and symptoms, so that the data analysis used is descriptive analytical.</em><br><strong><em>Results.</em> </strong><em>The results showed that the development of halal tourism in North Toraja Regency had experienced rejection due to public misunderstandings regarding the word halal, so the term halal tourism was replaced with Muslim-friendly tourism. The development of domestic halal tourism above the cloud has become a concern for the government, but the budget is limited so that the development of halal tourism is not running effectively and efficiently.</em></p> Trisno Wardy Putra Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2021-12-16 2021-12-16 10 2 34 40 Penerapan Batas Usia Pernikahan Di Dunia Islam: Review Literature http://ejournal.kopertais4.or.id/mataraman/index.php/tahdzib/article/view/4531 <p><strong><em>Background.</em></strong><em>The application of Islamic family law has differences in Islamic countries. The differences stem from the interpretation and understanding of the relationship between Islam and the state (din wa siyasah), the ideological basis of the state, the Islamic style of the mainstream Muslim population, traditions and socio-cultural realities, and their respective historical backgrounds.</em><strong><br><em>Aim. </em></strong><em>This library research article review uses a philosophical and sociological approach in each country which sets the minimum age limit for marriage to examines the comparison of Islamic family law in the Islamic world.</em><strong><br><em>Results. </em></strong><em>The existence of Islamic family law in the world as positive law has different forms. There are three categories of countries based on the adopted family law; 1) Countries that apply traditional family law. Countries that fall into this category are Saudi Arabia. Yemen, Kuwait, Afghanistan, Mali, Mauritania, Nigeria, Sinegal, Somalia. 2) Countries that apply secular family law. Included in this category are Turkey, Albania, Tanzania, the Muslim minority of the Philippines. 3) Countries that implement the updated family law. countries in the category of carrying out substantive reforms and or regulatory reforms. The reform of Islamic family law was carried out for the first time in Turkey, followed by Lebanon and Egypt, Brunei, Malaysia and Indonesia.</em></p> Agus Hermanto Habib Ismail Rahmat Rahmat Mufid Arsyad Copyright (c) 2021 At-Tahdzib: Jurnal Studi Islam dan Muamalah http://creativecommons.org/licenses/by/4.0 2021-12-14 2021-12-14 10 2 23 33