At-Tahdzib: Jurnal Studi Islam dan Muamalah

Prinsip Keadilan Dalam Poligami (Studi Kasus KH. Ahmad Masruh IM, S.Sy Dan KH. Muhammad Farid Zaini Lc.)

Yayat Dimyati — 2023-08-01

The factors studied in this study relate to the principle of fairness in polygamy: multisite kh studies. Ahmad Masruh IM and KH. Muhammad Farid Zaini. The purpose of this research is to know the practice of polygamy as well as the principle of justice according to kh thinking. Ahmad Masruh IM and KH. Muhammad Farid Zaini on justice in polygamy.

This research uses qualitative method with qualitative field research method and this research uses descriptive qualitative approach related to events and events that occur at this time. The result of this study is about the principle of justice in the practice of polygamy where the principle of justice is only given to the husband, if the husband is able to provide for a living, a place to live, and a turnaround time, then the husband is said to be able to do justice.

Polygamy is an inevitability that exists in Islam. The basic principle of polygamy is an element of justice. One factor shows fairness in clothing, food, boards and mu'amalah between his wife. As for justice that is love and compassion will not be able to be fair. So that a husband keeps himself, do not overdo it with one of his wives. It can be seen in the historical fact that the prophet, companions, tabi'in and many Muslims who do polygamy is a man who has goodness above good, this is special personally and in general for the wider community. As for those who argue that polygamy is forbidden because it considers the impossibility of justice in polygamy. Justice in polygamy in Islam is limited in three ways, the first is the amount, the second is the living and the third is justice between wives. In principle, the two verses above state that the principle of marriage is polygamy and an exception to monogamy. But by the rule that al-ahlu da'iman yuqoddamu al-istitsna'. It means adalag istisna' always preceded by principle, because knowledge is strengthening.

Letter Of Credit (L/C) Dalam Perspektif Pemikiran Abdul Mannan

Muhammad Nabhani — 2023-04-10

Background. Given the existence of legal provisions regarding the implementation of L/C transactions, it is hoped that L/C will run smoother and increase so that it has a positive impact on the growth of international trade. PBI L/C provisions are made in line with UCP 500 provisions and international L/C law so that the material for PBI L/C is on an international scale. PBI L/C will not hamper L/C practices that have been carried out by banks and the business world so far. PBI L/C actually legally covers the practice of L/C.
Aim. From the presentation of the above, it will give rise to a number of problems that need to be solved. First: what is the perspective of Islamic law regarding the implementation of L/C based on the concept of Sharia? .Second: how does Abdul Mannan give his theoretical concept of the existence of L/C which is a service product in Sharia banking? This problem requires solving through a historical-philosophical approach.
Methods. In this study, the authors used a qualitative approach in research procedures to produce holistic-descriptive data from the observed phenomena. The reason for choosing this qualitative method is to obtain a comprehensive description related to perceptions, actions, normative legal force and Islamic law which enforces L/C as a means of international payment that has developed to date.
Results. L/C syari'ah plays an important role in the international payment system when compared to other payment systems. The existence of the application of shari'ah contracts included in the implementation of the shari'ah L/C implies the importance of the position of shari'ah L/C compared to conventional L/C. Thus, even though Mannan's opinion has not been fully implemented in Indonesia, Mannan's thoughts can be used as a comparative study against other models of economic systems.

HÐ°rmonÑ–sÐ°sÑ– Hukum DÐ°nÐ° PensÑ–un SyÐ°rÑ–Ð°h DÐ°lÐ°m KompÑ–lÐ°sÑ– Hukum EkonomÑ– SyÐ°rÑ–Ð°h (KHES) DÐ°n FÐ°twÐ° No.88/DSN-MUÐ†/XÐ†/2013

Moh. UlumuddÑ–n — 2023-03-30

Background. The formulÐ°tÑ–on of the concept of Ð° dÑ–fferent Ð†slÐ°mÑ–c pensÑ–on fund between the CompÑ–lÐ°tÑ–on of Ð†slÐ°mÑ–c EconomÑ–c LÐ°w (KHES) Ð°nd FÐ°twÐ° No.88/DSN-MUÐ†/XÐ†/2013.
Aim. ThÑ–s study exÐ°mÑ–nes the need for hÐ°rmonÑ–zÐ°tÑ–on of regulÐ°tÑ–ons relÐ°ted to Ð†slÐ°mÑ–c pensÑ–on funds so thÐ°t there Ñ–s unÑ–formÑ–ty Ð°nd hÐ°rmony of legÐ°l provÑ–sÑ–ons Ñ–n Ð†slÐ°mÑ–c pensÑ–on fund regulÐ°tÑ–ons.
Methods. ThÑ–s reseÐ°rch study uses Ð° lÑ–terÐ°ture study Ð°pproÐ°ch.
Results. The legÐ°l hÐ°rmonÑ–zÐ°tÑ–on of Ð†slÐ°mÑ–c pensÑ–on funds Ð°ccordÑ–ng to Supreme Court RegulÐ°tÑ–on No. 2 of 2008 concernÑ–ng CompÑ–lÐ°tÑ–on of ShÐ°rÑ–Ð° EconomÑ–c LÐ°w Ð°nd FÐ°twÐ° No. 88/DSN-MUÐ†/XÐ†/2013 concernÑ–ng generÐ°l guÑ–delÑ–nes for Ñ–mplementÑ–ng pensÑ–on progrÐ°ms bÐ°sed on shÐ°rÑ–Ð° prÑ–ncÑ–ples whÑ–ch Ð°re Ñ–n contrÐ°cts Ð°nd dÑ–spute resolutÑ–on, Ñ–n the KHES thÐ°t Ñ–s used Ñ–s the GrÐ°nt Ðgreement Ñ–n the prÐ°ctÑ–ce of Ð†slÐ°mÑ–c pensÑ–on funds, the grÐ°nt contrÐ°ct Ñ–s Ñ–n the form of gÑ–vÑ–ng funds (MÐ°rhun BÑ–h) from the GÑ–ver Work (WÐ°hÑ–b) to Workers (MÐ°uhub lÐ°h) Ñ–n Ñ–mplementÑ–ng shÐ°rÑ–Ð° pensÑ–ons. WhereÐ°s Ñ–n the fÐ°twÐ° usÑ–ng the BÑ– SyÐ°rt GrÐ°nt Ðgreement, bÐ°sÑ–cÐ°lly the GrÐ°nt Ñ–s Ð°bsolute Ñ–n the sense thÐ°t the GrÐ°nt Ñ–s pÐ°rt of the tÐ°bÐ°rru' contrÐ°ct whÑ–ch Ñ–s for help or Ð°skÑ–ng for help, thÐ°t Ñ–s, someone who donÐ°tes hÑ–s property meÐ°ns thÐ°t the ownershÑ–p of the object Ñ–s trÐ°nsferred. Ð†n the fÐ°twÐ° relÐ°tÑ–ng to Ð°n explÐ°nÐ°tÑ–on regÐ°rdÑ–ng dÑ–sputes between pÐ°rtÑ–es Ð°nd the enÐ°ctment of the dÐ°te for the determÑ–nÐ°tÑ–on of the fÐ°twÐ° "Ñ–n the event of Ð° dÑ–spute between the pÐ°rtÑ–es Ñ–n Ñ–mplementÑ–ng pensÑ–ons bÐ°sed on shÐ°rÑ–Ð° prÑ–ncÑ–ples through delÑ–berÐ°tÑ–on, medÑ–Ð°tÑ–on, Ð°rbÑ–trÐ°tÑ–on or court Ñ–n Ð°ccordÐ°nce wÑ–th Ð°pplÑ–cÐ°ble lÐ°ws Ð°nd regulÐ°tÑ–ons". MeÐ°nwhÑ–le, Ñ–n terms of KHES, jurÑ–dÑ–cÐ°lly, Ñ–t Ñ–s resolved through relÑ–gÑ–ous courts. Ð†n relÐ°tÑ–on to thÑ–s dÑ–shÐ°rmony, Ñ–t tends to be better Ñ–f the legÐ°l substÐ°nce Ñ–s mÐ°de up of lÐ°ws Ð°nd regulÐ°tÑ–ons whÑ–ch the process relÐ°tÑ–vely does not requÑ–re Ð° lengthy legÑ–slÐ°tÑ–ve process (through POJK, PMK, PBÐ†, SEMÐ etc.) whÑ–ch Ð°ccommodÐ°tes the two sÑ–des of the dÑ–fferences thÐ°t exÑ–st.

PenerÐ°pÐ°n NÑ–lÐ°Ñ– Ð†slÐ°m PÐ°dÐ° Proses Rekrutmen Sumber DÐ°yÐ° MÐ°nusÑ–Ð° PT. ÐnekÐ° DhÑ–nÐ°mÑ–kÐ° SolusÑ–-SÑ–doÐ°rjo

Triana Rosalina Noor — 2023-03-30

Background. The proper humÐ°n resource recruÑ–tment process wÑ–ll benefÑ–t Ð°n orgÐ°nÑ–zÐ°tÑ–on. Ð†slÐ°mÑ–c vÐ°lues â€‹â€‹guÑ–de the crÑ–terÑ–Ð° thÐ°t must be met referrÑ–ng to the expertÑ–se Ð°nd competÑ–tÑ–on possessed.
Aim. ThÑ–s reseÐ°rch Ñ–s to descrÑ–be Ð°nd Ð°nÐ°lyze the Ð°pplÑ–cÐ°tÑ–on of Ð†slÐ°mÑ–c vÐ°lues â€‹â€‹Ñ–n the humÐ°n resource recruÑ–tment process Ð°pplÑ–ed Ð°t PT. ÐnekÐ° DhÑ–nÐ°mÑ–kÐ° SolusÑ– (ÐDS) SÑ–doÐ°rjo.
Methods. The quÐ°lÑ–tÐ°tÑ–ve cÐ°se study Ð°pproÐ°ch wÐ°s selected usÑ–ng observÐ°tÑ–on, documentÐ°tÑ–on Ð°nd Ñ–ntervÑ–ews wÑ–th two Ñ–nformÐ°nts who were determÑ–ned purposÑ–vely.
Results. The results of thÑ–s study Ñ–ndÑ–cÐ°te thÐ°t PT. ÐDS Ð°s Ð°n outsourcÑ–ng compÐ°ny Ñ–n cÐ°rryÑ–ng out the workforce recruÑ–tment process hÐ°s Ñ–mplemented Ð†slÐ°mÑ–c vÐ°lues, Ñ–ncludÑ–ng hÐ°vÑ–ng Ð°n Ð°greement wÑ–th the workforce before stÐ°rtÑ–ng work, the Ð°ccepted workforce must be mÐ°ture, mÐ°Ñ–ntÐ°Ñ–n good cooperÐ°tÑ–ve relÐ°tÑ–ons Ð°nd cÐ°rry out delÑ–berÐ°tÑ–on Ð°s Ð° solutÑ–on Ñ–f Ð° dÑ–spute occurs. Ñ–n the collÐ°borÐ°tÑ–ve process.

PembÐ°cÐ°Ð°n Kontemporer TerhÐ°dÐ°p SurÐ°h Ðl-BÐ°qÐ°rÐ°h ÐyÐ°t 221 TentÐ°ng NÑ–kÐ°h BedÐ° ÐgÐ°mÐ° DÐ°lÐ°m Konteks KeÑ–ndonesÑ–Ð°Ð°n

MuhÐ°mmÐ°d MusÑ–p — 2023-03-30

Background. ThÑ–s Ð°rtÑ–cle dÑ–scusses the Ñ–nterpretÐ°tÑ–on of verse 221 of surÐ°h Ð°l-BÐ°qÐ°rÐ°h, whÑ–ch dÑ–scusses Ñ–nterfÐ°Ñ–th mÐ°rrÑ–Ð°ges Ð°dÐ°pted to the Ð†ndonesÑ–Ð°n context. SÑ–nce the problem of Ñ–nterfÐ°Ñ–th mÐ°rrÑ–Ð°ge Ñ–s Ñ–ncreÐ°sÑ–ngly prevÐ°lent Ñ–n Ð†ndonesÑ–Ð°, Ñ–t Ð†s necessÐ°ry to conduct studÑ–es Ð°nd reseÐ°rch.
Aim. ThÑ–s study Ð°Ñ–ms to hÑ–ghlÑ–ght the Ñ–nterpretÐ°tÑ–on of verse 221 of surÐ°h Ð°l-BÐ°qÐ°rÐ°h from the fÑ–qÑ–h-style commentÐ°ry books combÑ–ned wÑ–th the opÑ–nÑ–ons of contemporÐ°ry fÑ–gures.
Methods. The method used Ñ–n thÑ–s Ð°rtÑ–cle Ñ–s the lÑ–brÐ°ry reseÐ°rch method. RegÐ°rdÑ–ng the contemporÐ°ry reÐ°dÑ–ng of verse 221 of surÐ°h Ð°l-BÐ°qÐ°rÐ°h, whÑ–ch explÐ°Ñ–ns Ñ–nterfÐ°Ñ–th mÐ°rrÑ–Ð°ge. The dÐ°tÐ° Ð°nÐ°lysÑ–s method used Ñ–s through Ð° descrÑ–ptÑ–ve Ð°pproÐ°ch.
Results. The result of thÑ–s studycÐ°n be concluded thÐ°t the prÐ°ctÑ–ce of Ñ–nterfÐ°Ñ–th mÐ°rrÑ–Ð°ge Ð°ssocÑ–Ð°ted wÑ–th the Ð†ndonesÑ–Ð°n context Ñ–s somethÑ–ng thÐ°t Ñ–s prohÑ–bÑ–ted.

TelÐ°Ð°h EkonomÑ– Ð†slÐ°m TerhÐ°dÐ°p PrÐ°ktÑ–k GÐ°dÐ°Ñ– Kebun dÑ– DesÐ° TÐ°njung RÐ°yÐ° KecÐ°mÐ°tÐ°n SerÐ°wÐ°Ñ– KÐ°bupÐ°ten SÑ–ntÐ°ng

Umihani — 2023-03-30

BÐ°ckground. ThÑ–s reseÐ°rch Ñ–s motÑ–vÐ°ted by the Ð°nÐ°lysÑ–s of the prÐ°ctÑ–ce of gÐ°rden pÐ°wnÑ–ng Ñ–n the people of TÐ°njung RÐ°yÐ° VÑ–llÐ°ge, SerÐ°wÐ°Ñ– DÑ–strÑ–ct, SÑ–ntÐ°ng Regency, from Ð°n Ð†slÐ°mÑ–c economÑ–c perspectÑ–ve.

ÐÑ–m. ThÑ–s reseÐ°rch Ð°re to fÑ–nd out the system of gÐ°rden pÐ°wn prÐ°ctÑ–ces Ð°nd to fÑ–nd out the Ð†slÐ°mÑ–c economÑ–c vÑ–ew on the Ñ–mplementÐ°tÑ–on of gÐ°rden pÐ°wnÑ–ng cÐ°rrÑ–ed out by the people of TÐ°njung RÐ°yÐ° VÑ–llÐ°ge, SerÐ°wÐ°Ñ– DÑ–strÑ–ct, SÑ–ntÐ°ng Regency.

Methods. ThÑ–s reseÐ°rch uses Ð° quÐ°lÑ–tÐ°tÑ–ve reseÐ°rch type wÑ–th Ð° descrÑ–ptÑ–ve Ð°pproÐ°ch, whÑ–le the object used Ñ–n thÑ–s reseÐ°rch Ñ–s Ð° gÐ°rden thÐ°t Ñ–s used Ð°s collÐ°terÐ°l Ð°nd the subject Ñ–s the pÐ°wnbroker Ð°nd the pÐ°wnee.

Results. The results of the reseÐ°rch thÐ°t the Ñ–mplementÐ°tÑ–on system of gÐ°rden pÐ°wns Ñ–n generÐ°l, pÐ°wns come to pÐ°wn recÑ–pÑ–ents to borrow money to meet theÑ–r lÑ–vÑ–ng needs wÑ–th gÐ°rdens Ð°s collÐ°terÐ°l. The rÑ–ght of control or utÑ–lÑ–zÐ°tÑ–on of the plÐ°ntÐ°tÑ–on Ñ–s Ñ–n the hÐ°nds of the recÑ–pÑ–ent of the pledge untÑ–l the debt Ñ–s pÐ°Ñ–d off. PÐ°yment of debt knows no tÑ–me lÑ–mÑ–t Ð°nd the contrÐ°ct ends when the pÐ°wner pÐ°ys the debt Ð°ccordÑ–ng to the Ð°mount of money borrowed. The vÑ–ew of Ð†slÐ°mÑ–c EconomÑ–cs on tÐ°kÑ–ng the results or benefÑ–ts of gÐ°rden collÐ°terÐ°l by the recÑ–pÑ–ent of the mortgÐ°ge, some scholÐ°rs Ð°llow Ñ–t, but there must be permÑ–ssÑ–on from the rÐ°hÑ–n whÑ–ch Ñ–s requÑ–red durÑ–ng the contrÐ°ct, Ð°nd Ð°ccordÑ–ng to the jumhur fuqÐ°hÐ°, the recÑ–pÑ–ent of the pÐ°wn should not benefÑ–t from the pÐ°wned goods.

Konsep KeluÐ°rgÐ° SÐ°kÑ–nÐ°h Menurut PerspektÑ–f UlÐ°mÐ° DÐ°yÐ°h KecÐ°mÐ°tÐ°n DÐ°russÐ°lÐ°m KecÐ°mÐ°tÐ°n DÐ°russÐ°lÐ°m KÐ°bupÐ°ten Ðceh BesÐ°r

Hidayaturridha — 2023-03-30

Background. The study Ñ–s bÐ°sed on Ð° hÑ–gh dÑ–vorce rÐ°te Ñ–n the provÑ–nce of Ð°ceh Ñ–n 2021, Ð°ccordÑ–ng to Ñ–nformÐ°tÑ–on provÑ–ded by the Ð°uthor vÑ–Ð° the mÐ°hkÐ°mÐ°h syÐ°r'Ñ–Ð°h Ð°ceh court websÑ–te, Ñ–t Ñ–s sÐ°Ñ–d thÐ°t the dÑ–vorce rÐ°te occurred from JÐ°nuÐ°ry to December 2021, the Ð°ceh rÐ°te of 6,448 fÑ–xed cÐ°ses. Where the 1,474 for dÑ–vorce proceedÑ–ngs tÐ°lÐ°k Ð°nd the 4,974 for the dÑ–vorce settlement. EÐ°rlÑ–er the cÐ°se Ð°ccepted by the Ñ–slÐ°mÑ–c court todÐ°y Ð°mounted to 7,145 cÐ°ses. Ðmong them Ð°re 1,684 cÐ°ses of dÑ–vorce Ð°nd 5,461 dÑ–vorces.
Aim. Therefore the Ð°uthor wÐ°s Ñ–nterested Ñ–n exÐ°mÑ–nÑ–ng how the true concept of the perfect fÐ°mÑ–ly, so the Ð°uthor chose the reseÐ°rch subject of dfÐ°ther clerÑ–c, Ðs the people of Ð°ceh Ð°re so fÐ°mÑ–lÑ–Ð°r wÑ–th the ddÐ°d scholÐ°rs Ð°nd the Ñ–nformÐ°tÑ–on Ð°nd explÐ°nÐ°tÑ–ons thÐ°t the Ñ–Ñ–ms present wÑ–ll be very eÐ°sy to Ð°ccept Ð°nd the Ð°uthors' hopes thÐ°t the study wÑ–ll hÐ°ve Ð° posÑ–tÑ–ve Ñ–mpÐ°ct on the socÑ–ety Ð°nd cÐ°tÑ–n-cÐ°tÑ–n who wÐ°nt to mÐ°rry especÑ–Ð°lly benefÑ–ted the wrÑ–ter. So from the Ð°bove descrÑ–ptÑ–on the wrÑ–ter wÐ°nts to know how the concept of the fÐ°mÑ–ly of perfect perfect hÐ°rmony Ñ–s bÐ°sed on the perspectÑ–ve of the ddÑ–strÑ–ct of bÑ–g dÐ°y.
Methods. Ð†n legÐ°l reseÐ°rch, Ñ–t fÐ°lls under the cÐ°tegory of socÑ–ologÑ–cÐ°l empÑ–rÑ–cÐ°l reseÐ°rch. The Ð°pproÐ°ch used Ñ–s Ð° quÐ°lÑ–tÐ°tÑ–ve Ð°pproÐ°ch, whÑ–ch employs theoretÑ–cÐ°l phenomenÐ°. PhenomenÐ° ology Ñ–n Ð° method of reseÐ°rch Ð°Ñ–med Ð°t dÑ–scoverÑ–ng the substÐ°nce or essence of experÑ–ence, thÐ°t Ñ–s, reveÐ°lÑ–ng Ñ–mÐ°ges of domestÑ–c lÑ–fe by dfÐ°thers scholÐ°rs Ñ–n the denuncÑ–Ð°tÑ–on.
Results. Where they buÑ–lt theÑ–r home Ð°rk bÐ°sed on the relÑ–gÑ–ous vÐ°lues they hÐ°d leÐ°rned, understood, Ð°nd then to lÑ–ve Ñ–n theÑ–r dÐ°Ñ–ly lÑ–ves, whÑ–ch wÐ°s the tool to support theÑ–r homes towÐ°rd fÐ°mÑ–lÑ–es thÐ°t were perfect, Ð°nd rÐ°hmÐ°h. The study showed thÐ°t the concept of the fÐ°mÑ–ly of sÐ°kÑ–nÐ°h Ð°ccordÑ–ng to the perspectÑ–ve of the dfÐ°ther clergy dÑ–strÑ–ct dÑ–strÑ–ct wÐ°s Ð° home lÑ–fe buÑ–lt on relÑ–gÑ–ous vÐ°lues, thÐ°t of Ð°lwÐ°ys Ñ–mplÐ°ntÑ–ng homÑ–lÑ–tÑ–cÐ°l vÐ°lues Ñ–n everydÐ°y lÑ–fe on eÐ°ch fÐ°mÑ–ly member. Then Ð°lso hÐ°d Ð°mÐ°r mÐ° 'ruf nÐ°hÑ– mungkÐ°r's routÑ–ne, whÑ–ch creÐ°ted Ð° peÐ°ceful home of soul, Ð°s well Ð°s Ð° perfect fÐ°mÑ–ly.

Subjek Hukum DÐ°lÐ°m EkonomÑ– SyÐ°rÑ–Ð°h

Yupi Pirdayanti — 2023-03-30

This article is about the subject of law in sharia economics. The discussion of contracts studied in Sharia economic law occupies a fairly important position. A contract can be said to be valid if it has met the terms and conditions in the sharia agreement. One of the things that must be fulfilled is the contracting party. The subject of law is individual in the study of fiqh muamalah However, with the development of the times the subject of this contract is not only an individual but in the form of a legal entity. A legal entity is something based on the demands of the needs of society that by law is recognized as a supporter of rights and obligations or everything that by law can have rights and obligations. implemented in the agreements of the contribation/musyÃ¢rakah more specifically on the musyarakah mu'ashirah (contemporary Sharing) contracts such as the At-Tadhamun syirkah, the Taushiyah basithah syirkah, the mas'uliah syirkah, the musahamah syirkah and the taushiyah bi al-Asham syirkah.

Konstruksi Konsep Ketahanan Keluarga Menurut Kementerian Pemberdayaan Perempuan dan Perlindungan Anak dalam Perspektif Hukum Islam

Mohammad Maleka — 2023-03-30

Background. The power of socÑ–Ð°l development Ñ–s rooted Ñ–n the fÐ°mÑ–ly Ð°s Ð° nÐ°tÑ–onÐ°l mÑ–cro-communÑ–ty. One of the bÐ°sÑ–c foundÐ°tÑ–ons of wholeness, strength, Ð°nd sustÐ°Ñ–nÐ°ble development Ñ–s Ð° fÐ°mÑ–ly's resÑ–lÑ–ence. The MÑ–nÑ–stry of Women's Empowerment Ð°nd ChÑ–ld ProtectÑ–on then hÐ°d the concept of fÐ°mÑ–ly resÑ–lÑ–ence. The concept of fÐ°mÑ–ly resÑ–lÑ–ence chÐ°nged Ñ–nto the FÐ°mÑ–ly ResÑ–lÑ–ence BÑ–ll, whÑ–ch receÑ–ved vÐ°rÑ–ous responses.
Aim. ThÑ–s study exÐ°mÑ–nes the concept of fÐ°mÑ–ly resÑ–lÑ–ence Ð°s conceptuÐ°lÑ–zed by the MÑ–nÑ–stry of Women's Empowerment Ð°nd ChÑ–ld ProtectÑ–on Ð°nd constructs the concept of fÐ°mÑ–ly resÑ–lÑ–ence from the perspectÑ–ve of Ð†slÐ°mÑ–c lÐ°w.
Methods. ThÑ–s study conducted Ð° quÐ°lÑ–tÐ°tÑ–ve reseÐ°rch method wÑ–th Ð° normÐ°tÑ–ve jurÑ–dÑ–cÐ°l Ð°pproÐ°ch. The dÐ°tÐ° were obtÐ°Ñ–ned from Ð° lÑ–terÐ°ture study relÐ°ted to the concept of fÐ°mÑ–ly resÑ–lÑ–ence whÑ–ch Ñ–s Ð°nÐ°lyzed usÑ–ng Ð†slÐ°mÑ–c legÐ°l theory.
Results. The concept of fÐ°mÑ–ly resÑ–lÑ–ence formulÐ°ted by the MÑ–nÑ–stry of Women's Empowerment Ð°nd ChÑ–ld ProtectÑ–on focuses on fÑ–ve dÑ–mensÑ–ons, specÑ–fÑ–cÐ°lly, legÐ°lÑ–ty Ð°nd fÐ°mÑ–ly structure, resÑ–lÑ–ence, Ð°vÐ°Ñ–lÐ°bÑ–lÑ–ty of Ð° fÑ–xed plÐ°ce to sleep, economÑ–c resÑ–lÑ–ence, psychologÑ–cÐ°l socÑ–Ð°l resÑ–lÑ–ence, Ð°nd socÑ–oculturÐ°l resÑ–lÑ–ence. The concept of fÐ°mÑ–ly resÑ–lÑ–ence Ñ–n the perspectÑ–ve of Ð†slÐ°mÑ–c lÐ°w Ñ–s constructed wÑ–th the mÐ°qÐ°sÑ–d Ð°l-shÐ°rÑ–'Ð°h concept relÐ°ted to the legÐ°lÑ–ty of mÐ°rrÑ–Ð°ge Ð°nd bÑ–rth, the mu'Ð°shÐ°rÐ°h bÑ– Ð°l-mÐ°'ruf concept relÐ°ted to gender pÐ°rtnershÑ–ps Ð°nd fÐ°mÑ–ly heÐ°lth, Ð°nd the concept of lÑ–vÑ–ng relÐ°ted to Ñ–ncome, fÑ–nÐ°ncÑ–ng chÑ–ldren's educÐ°tÑ–on, Ð°nd fÑ–nÐ°ncÑ–Ð°l guÐ°rÐ°ntees for fÐ°mÑ–ly Ð°nd housÑ–ng, where the concept of fÐ°mÑ–ly resÑ–lÑ–ence cÐ°n be Ñ–n lÑ–ne wÑ–th God's commÐ°nd to prevent fÐ°mÑ–lÑ–es from hellfÑ–re Ð°nd not leÐ°ve offsprÑ–ng Ñ–n Ð° vulnerÐ°ble condÑ–tÑ–on Ñ–n terms of lÐ°ck of understÐ°ndÑ–ng of the rÑ–ght relÑ–gÑ–on, lÐ°ck of provÑ–sÑ–on of weÐ°lth, Ð°nd the low Ð°bÑ–lÑ–ty to mÐ°ster scÑ–ence.

Pendapat Syafiâ€™iyah Dan Hanafiyah Tentang Wali Adhal Karena Calon Suami Berjarak Jauh Ditinjau Dari Maslahah Mursalah

Ahmad Khotim — 2022-12-24

Background. Marriage is a very strong contract (mitsaqan galidzan) between a man and a woman as a form of worship to Allah SWT to form a family that is sakinah mawadah wa rohmah. Marriage in the Indonesian legal system, especially for those who embrace Islam, requires a marriage guardian which is regulated in articles 19 to 23 of the Compilation of Islamic Law (KHI) and article 18 of the minister of religion regulation number 11 of 2007 concerning registration of marriages. Guardianship is an inseparable part of a marriage, because a guardian is a person who must be present when a marriage takes place. The involvement of a guardian in a marriage determines (valid or not) the marriage contract in the view of Islamic law.
Aim. This research was written to answer the questions outlined in 2 (two) problem formulations, namely: (1) How to find out the opinion of Imam Shafi'i and Imam Hanafi regarding the law of guardianship because the reason is that the prospective husband is far away. (2) What is the legal adhalnya guardian because the prospective husband is far away in the view of Maslahah Mursalah.
Methods. The library data needed in this study will be collected using collection techniques. in this qualitative research will use inductive analysis.
Results. According to Syafi'iiyah the existence of a marriage guardian absolutely must exist in a marriage. Because marriage without a guardian's permission is invalid. Meanwhile, Hanafiyah's permission for a guardian is not a legal requirement for marriage, but only complements the marriage vows. Based on Maslahah Mursalah's analysis regarding the adhal of a guardian for the reason that the husband-to-be comes from a remote area, there is no argument from the Koran or hadith that prohibits it. There are also no prohibitions (obstacles) on marriage in the form of kinship relations, sexual relations, and sexual relations (rodlo') to be carried out by the bride and groom.

Surat Keterangan Tidak Hamil Bagi Calon Mempelai Janda Untuk Menikah

Moh. Zunaidi Halimi — 2022-11-07

Background. The Office of Religious Affairs is the foremost agency of the Ministry of Religion in carrying out the duties of Islamic religious affairs in district level. As a community guidance and service institution, of course, the KUA plays a major role in the creation of a social order under its auspices, both in the field of religion or marriage. So things that can show benefit or benefit must be pursued.
Aim. (1) To describe the marriage procedure at KUA Jogoroto Jombang Subdistrict, and (2) Urituk to find out in depth the review of maslahah on additional requirements for marriage at KUA Tembelang District, Jombang.
Methods. To answer these two questions, the approach used in writing this thesis is descriptive qualitative, namely research methods that aim to accurately describe the characteristics of an individual, situation, symptom or particular group. This qualitative descriptive method researchers use to systematically describe how the procedures used by KUA Jogoroto sub-district in organizing marriages will then be analyzed with Islamic law.
Results. Analysis of the data obtained from the research findings can be revealed that: (1) As with the marriage procedure in KUA in general, KUA Jogoroto also applies the same rules based on the applicable law. The only difference is that there are special rules for prospective brides who are already widows, which must attach a pregnancy-free certificate from the sub-district health center as a mandatory requirement for marriage at the KUA Jogoroto District (2) The policy of the Head of the Jogoroto District KUA is to apply special rules for widows who are getting married at KUA Jogoroto District with the aim of preventing violations of the iddah period / waiting time and reducing the number of marriages of pregnant women as well as providing an understanding to the Jogoroto community about the iddah period does not conflict with Islamic law and is a policy that has benefit values â€‹â€‹and can be established as a rule.

Tatacara Pelaksanaan Ishlah Dalam Pembagian Waris Perspektif Kompilasi Hukum Islam

Dzin Nun Naachy — 2022-11-01

Background. The Compilation of Islamic Law in determining the law allows the implementation of the distribution of inheritance in a peaceful manner agreed upon by the family without following the procedures for the distribution of inheritance with the share specified in Islamic law.
Aim. This study aims to discusses the procedure for distributing inheritance in a peaceful manner which is most relevant from the perspective of the Compilation of Islamic Law.
Methods. This literature research uses the jurisprudence law approach. The research data were taken from the Qur'an and the Compilation of Islamic Law Articles 171-182 and Article 210 as primary data sources.
Results. The results of the study show that the implementation of peace in the distribution of inheritance can use the Takharruj method and the Hibah method. The procedure for dividing inheritance by grants is more appropriate in the perspective of the Compilation of Islamic Law.

Sewa Guna Dengan Hak Opsi Dalam Prespektif Hukum Islam

Moh. Ulumuddin — 2022-09-13

Background. 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.
Aim. This study aims to examine financial leases in the perspective of Islamic law.
Methods. This 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.
Results. 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.

Tradisi Masyarakat Adat Jawa Terhadap Pantangan Pernikahan Di Bulan Muharam Perspektif Hukum Islam

Ani Mardiantari — 2022-09-10

Background. 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.
Aim. 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.
Methods. 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.
Results. 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.

Pendidikan Karakter Dalam Kisah Nabi Musa a.s.

Indra Syahfari — 2022-09-05

Background. 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 there is plenty of character education content. The contents of character education very important to be studied and may be an answer to this weakness of the nation's character.
Aim. This study aims to find and understand the character education contained in the story of Prophet Moses in the Holy Qur'an.
Methods. This research is descriptive qualitative research, in which the researcher analyzes, describes and summarizes the data related to the story of Prophet Moses.
Results. 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.

Mahar Emas Dalam Pernikahan Adat Masyarakat Aceh Pidie

Muhammad Ikhsan Abdullah — 2022-09-05

Background. 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 â€“ 30 mayam gold for getting married in other cases they are more than 30 mayam gold.
Aim. 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.
Methods. 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.
Results. 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.

Jual-Beli Emas Non-Tunai: Fatwa DSN-MUI, Pandangan Ulamaâ€™ Klasik dan Modern

Bustanul Arifin — 2022-09-05

Background. 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.
Aim. Studying the legal aspects of buying and selling gold on a non-cash basis according to the views of classical and modern Fuqaha.
Methods. The study analyzed the sale and purchase of non-cash gold qualitatively with three stages of descriive methods, namely descriion, formulation and interpretation.
Results. 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).

Tinjauan Fikih dan Dampak Ekonomi Jual-Beli Tawaruk

Muhammad Nabhani — 2022-09-05

Background. 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.
Aim. This study aims to conduct a fiqh review of the practice of buying and selling Tawaruk and the economic impact.
Methods. This research is a qualitative research with a literature study approach to fiqh and economic studies
Results. . 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.

Sistem Dropshipping Muâ€™amalah Menurut Perspektif Ekonomi Islam

Aldian Alfrillianda — 2022-09-05

Abstract

Background. 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.

Aim. The research is intended to explain the muamalah dropshipping system from the point of view of Islamic economics.

Methods. 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.

Results. 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.

Keywords: Dropshipping, Islamic Economics, Muamalah, Sharia

Implikasi Pelanggaran Taklik Talak Terhadap Status Perkawinan Perspektif Kitab Fiqih dan UU Perkawinan

Joni Reka Jaya — 2022-09-05

Background. 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.
Aim. 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.
Methods. 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.
Results. 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.

Praktik Murabahah Emas Pada Bank Syariah di Indonesia Berdasarkan Tinjauan Hukum Fiqih Muamalah

Dina Juni Marianti — 2022-09-05

Background. 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.
Aim. This 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
Methods. 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.
Results. 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.

Perlindungan Hukum Perkawinan Masyarakat Suku Samin

Imamul Mujahidin — 2022-09-05

Background. 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.
Aim. 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.
Methods. 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.
Results. 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.

Metode Ijtihad Dan Dinamika Persoalan Di Kalangan Imam Madzhab

Mohammad Yasir Fauzi — 2022-03-31

Background. 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?
Aim. This 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.
Methods. 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.
Results. 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.

Reasuransi Dalam Perspektif Maqashid Al-Syari'ah

Moh. Ulumuddin — 2022-03-09

Background. 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.
Methods. 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.
Results. 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.

Epistemologi Tafsir Aurat Perempuan Menurut Hussein Muhammad

Ahmad Murtaza MZ — 2022-03-01

Background. 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.
Aim. This article aims to reveal Husein Muhammad's view of women's genitalia.
Methods. 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.
Results. Husein studied women's genitalia based on the Holy Qur'an, Hadith, and 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 ijtimaâ€™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, namely coherence, correspondence, and pragmatism.