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Istidlal: Jurnal Ekonomi dan Hukum Islam最新文献

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Konstelasi ‘Urf dan Istihsan tentang Nikah Mut’ah dengan Pendekatan Sosio-Legal " Urf和Istihsan的星座"与社会和法律手段的结合
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-11-17 DOI: 10.35316/istidlal.v6i2.437
Fahmi Basyar
{"title":"Konstelasi ‘Urf dan Istihsan tentang Nikah Mut’ah dengan Pendekatan Sosio-Legal","authors":"Fahmi Basyar","doi":"10.35316/istidlal.v6i2.437","DOIUrl":"https://doi.org/10.35316/istidlal.v6i2.437","url":null,"abstract":"In Islamic law marriage had been regulated in the Qur'an which can maintain its substance following the changing times, the failure in mu'amalah experienced by Muslims was not caused by the teachings written in the Qur'an, but because of an incomprehensible understanding of the meaning. The teachings of Islam did not find their relevance. In the context of marriage, it's just a matter of how we as Muslims carry it out, marriage was a sunnatullah that generally applies to humans, animals, and plants, this was following the word of God in QS. Adz-Dzariyat: 49 This means: \"And everything we created in pairs so that you remember the greatness of Allah.\" it becomes clear the way of life of all creatures and the goal of a peaceful life will be realized. The socio-cultural process also continues to accompany the journey of human life which sometimes made people forget the existing rules it raised problems that must be faced. The researcher examines the practice of mut'ah marriage from a socio-legal point of view but this study focuses more on the sociology of Islamic law because it was more in touch with the ethical and moral values ​​of humanity.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124510076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Kesesuaian Penerapan Prinsip-prinsip Perjanjian Akad Mudharabah Perspektif Hukum Islam
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-06-22 DOI: 10.35316/istidlal.v6i1.414
Muhammad Rosyid
{"title":"Kesesuaian Penerapan Prinsip-prinsip Perjanjian Akad Mudharabah Perspektif Hukum Islam","authors":"Muhammad Rosyid","doi":"10.35316/istidlal.v6i1.414","DOIUrl":"https://doi.org/10.35316/istidlal.v6i1.414","url":null,"abstract":"This study determined to found the principles of the mudharabah muqayyadah contract agreement in the Islamic Financial Services Cooperative were following Islamic law or not? This study used a combined doctrinal (normative) and empirical (non-doctrinal) approach, interviews, observations and literature studies used to collect data. It was found that the values ​​contained in the principles of the mudharabah contract agreement in the mudharabah financing product were in accordance with Islamic law based on (al-mabadi al-ammanah) a justice (al-Adalah), equality (al-Musawah), deliberation (al-Syura), mutual assistance (al-Ta'awun) and tolerance (at-Tasamuh). The factors that lead to breaking promises in mudharabah contracts were due to inadequate human resources, management of Islamic financial institutions, information systems and technology, and immorality in financing activities. The solution was to master the technical aspects, the philosophical law of Islamic economics and Islamic economic law. If there was a violation of the agreement, it would be resolved by a peace system (sulhu) then arbitration (tahkim) and by a judicial process (al-qadha).","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116320140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Praktik Affiliate Marketing pada Platform E-commerce dalam Tinjauan Hukum Ekonomi Syariah
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-06-22 DOI: 10.35316/istidlal.v6i1.407
Fathur Rahman
{"title":"Praktik Affiliate Marketing pada Platform E-commerce dalam Tinjauan Hukum Ekonomi Syariah","authors":"Fathur Rahman","doi":"10.35316/istidlal.v6i1.407","DOIUrl":"https://doi.org/10.35316/istidlal.v6i1.407","url":null,"abstract":"Marketing that was traditionally (face to face)  had changed to online marketing or through technological aids. The change in the marketing model was affiliate marketing. This affiliation practice in Indonesia was currently mostly carried out by online Marketplace. One of the Online Marketplaces that used the affiliate model was Shopee.co.id. when the modern transactions had developed and varied. It was necessary to maintain Islamic values ​​so that they were still applied, so it was considered necessary to examine affiliate marketing practices from the perspective of Islamic law. Normative legal research, library research or document study is the research that focuses on written law. The practice of affiliate marketing cooperation carried out by Shopee with affiliate participants was permissible with several conditions in the principles of Islamic economic law. The commission practice carried out by Shopee and affiliate participants in Islam was identical to the samsarah and wakalah bil ujroh contracts.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"50 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130221887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Bisnis Susu Sapi Perah Perspektif Hukum Ekonomi Syariah di Kabupaten Banyuwangi 在板鱼王区伊斯兰经济法透视业
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-06-22 DOI: 10.35316/istidlal.v6i1.413
Moh. Khafiluddin
{"title":"Bisnis Susu Sapi Perah Perspektif Hukum Ekonomi Syariah di Kabupaten Banyuwangi","authors":"Moh. Khafiluddin","doi":"10.35316/istidlal.v6i1.413","DOIUrl":"https://doi.org/10.35316/istidlal.v6i1.413","url":null,"abstract":"The Ijen Makmur Dairy Farming Group was a group that was founded in July 2014 so it was fairly new in Tamansari Village. The type of research used in this research was descriptive qualitative research, while the data sources were obtained through observation, interviews, and documentation. The data were analyzed descriptively through reduction, display and verification (conclusion). The collaboration of the Ijen Dairy Cattle Breeders Group was a type of syirkah al-inan, because each member of the group contributes capital and works with agreed wages or profit-sharing. Meanwhile, in terms of distribution of dairy cow's milk, the Ijen Makmur Dairy Farmers Group had two types of market share, namely the fixed market and the local or non-fixed market. The income from milk production that had been deposited by the farmers to the company was distributed equally or calculated equally among members after previously deducting operational costs.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"194 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132201281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Studi Komparatif terhadap Undang-Undang No. 52 Tahun 2009 dan Hukum Islam tentang Program Keluarga Berencana di Indonesia
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-06-22 DOI: 10.35316/istidlal.v6i1.412
Imam Syafi’i, Muhammad Ihwan
{"title":"Studi Komparatif terhadap Undang-Undang No. 52 Tahun 2009 dan Hukum Islam tentang Program Keluarga Berencana di Indonesia","authors":"Imam Syafi’i, Muhammad Ihwan","doi":"10.35316/istidlal.v6i1.412","DOIUrl":"https://doi.org/10.35316/istidlal.v6i1.412","url":null,"abstract":"Law of the Republic of Indonesia No. 52 of 2009 concerning Population Development and Family Development. The movement for controlling and limiting offspring (tahdid al-Nasl) set by the government had become problematic in Islam. The problem is how the practice of family planning in the Law of the Republic of Indonesia no. 52 of 2009 concerning Population Development and Family Development. Then what was the Islamic view on it concerning Population Development and Family Development? After conducting a data study, data exposure, and discussion through existing research methodologies. Population Development and Family Development was an effort to regulate, birth spacing or temporary pregnancy prevention efforts with the agreement of husband and wife due to certain situations and conditions for the benefit of the family, society, and the state. Based on the principles set out in Islam, the program was considered to follow the limits set out in Islam.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127082857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Akad Kerjasama Usaha Wisata Air Perspektif Hukum Islam 阿卡德与伊斯兰法律视角水上旅游合作
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-06-20 DOI: 10.35316/istidlal.v6i1.368
Ayik Dyahsasena, Siti Nurhayati
{"title":"Akad Kerjasama Usaha Wisata Air Perspektif Hukum Islam","authors":"Ayik Dyahsasena, Siti Nurhayati","doi":"10.35316/istidlal.v6i1.368","DOIUrl":"https://doi.org/10.35316/istidlal.v6i1.368","url":null,"abstract":"Humans as social beings mean that humans cannot be separated from other people to fulfill all their needs. That cooperation between humans was needed to carry out life. One form of cooperation carried out at Gronjong Wariti Water Tourism, Mejono Village, Plemahan District, Kediri Regency was investment cooperation. The cooperation agreement in this tourism business was carried out in two ways, namely an oral contract and a written contract. In the implementation of the two contracts, both orally and in writing, the pillars and conditions of the contract have been fulfilled. The implementation practice that occurred was the implementation of the mudharabah muqayyadah contract and was included in the sahih mudharabah contract. However, the existence of fraud committed by the contracting parties causes the party to sin because in the mudharabah contract the principle of justice really must be realized.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134215380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Zakat dan Keadilan Ekonomi Perspektif Islam, Kapitalisme, dan Sosialisme Zakat和伊斯兰主义、资本主义和社会主义观点的经济正义
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2022-06-20 DOI: 10.35316/istidlal.v6i1.388
Ahmad Jalili, Hasbi Umar, Hermanto Harun
{"title":"Zakat dan Keadilan Ekonomi Perspektif Islam, Kapitalisme, dan Sosialisme","authors":"Ahmad Jalili, Hasbi Umar, Hermanto Harun","doi":"10.35316/istidlal.v6i1.388","DOIUrl":"https://doi.org/10.35316/istidlal.v6i1.388","url":null,"abstract":"Justice was a benchmark in an economic system. With the implementation of the current economic system, such as the capitalist and socialist economic systems, there were often social injustices in the economy. The measure was a large number of social inequalities between communities that spike in poverty or unemployment in the country. Therefore we need an economic system solution for the welfare of the people, namely an Islamic economic system. One of the solutions presented in the Islamic economic system was zakat. Zakat was one of the commands of the Islamic religion which was considered worship or good deeds that can influence others. Islam places great importance on justice in all matters. Justice must be served to everyone. Islam also regulates justice in the economic field. This study reveals justice that was highly emphasized that Islam was justice in the distribution of assets, one of which was zakat.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116324645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Tinjauan Hukum Islam Terhadap Terjadinya Fluktuasi Harga Saham dan Pengaruh Pada Perusahaan Perbankan 伊斯兰法律对股票价格和银行影响波动的看法
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2021-11-16 DOI: 10.35316/istidlal.v5i2.311
Bima Pangestu
{"title":"Tinjauan Hukum Islam Terhadap Terjadinya Fluktuasi Harga Saham dan Pengaruh Pada Perusahaan Perbankan","authors":"Bima Pangestu","doi":"10.35316/istidlal.v5i2.311","DOIUrl":"https://doi.org/10.35316/istidlal.v5i2.311","url":null,"abstract":"Islam recommended that all people work and earn a living to meet the needs of themselves and their families. Working for a living in Islam was likened to or equated with people who jihad in the way of Allah. Sharia law strongly recommends investing in halal profit. One form of investment was the sale and purchase of shares, which was a form of cooperation with other parties to obtain profits. Stocks were commodities or assets that can be traded on the stock exchange. Buying and selling shares was nothing new in this country. Transactions such as the stock exchange were regulated and the system was well organized. Buying and selling shares were one of the various types of trading transactions. Buying and selling in an Islamic economy was a business activity that can be seen in many ways, such as fiqh mu'amalah (Islamic economic law). Buying and selling securities showed that someone had ownership of the assets of a company was certainly allowed as long as it is following sharia principles, excluding elements of maysir and so on.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132247549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Konsep dan Sumber Hukum: Analisis Perbandingan Sistem Hukum Islam dan Sistem Hukum Positif 法律概念与资源:比较伊斯兰法律体系和正法律体系
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2021-10-14 DOI: 10.35316/istidlal.v5i2.348
M. Taufiq
{"title":"Konsep dan Sumber Hukum: Analisis Perbandingan Sistem Hukum Islam dan Sistem Hukum Positif","authors":"M. Taufiq","doi":"10.35316/istidlal.v5i2.348","DOIUrl":"https://doi.org/10.35316/istidlal.v5i2.348","url":null,"abstract":"The definition of positive law was law in the form of laws that regulate the relationship between humans and humans, or with legal entities, while the understanding of Islamic law was a system of 'obligations' and 'prohibitions' rather than specific laws. Islamic law was broadly defined by rules which were the result of understanding and deduction from the provisions revealed by Allah SWT to the Prophet Muhammad SAW. Therefore, the main sources of Islamic law were the Qur'an and Hadith. source of pure positive law from society. This was due to the retrieval or discovery of positive law using the inductive method. That was by observing the actions and attitudes of community members. From these observations, general regulations that bind the whole community were made. In this article, the author tried to explain further the analysis of the concepts and sources of the two laws, and their comparative analysis","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124623620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Eksistensi Obligasi Syariah (Sukuk) Korporasi di Indonesia pada Masa Pandemi 伊斯兰债券在大流行期间存在于印尼
Istidlal: Jurnal Ekonomi dan Hukum Islam Pub Date : 2021-10-14 DOI: 10.35316/istidlal.v5i2.346
Imroatus Sholiha, Nani Hanifah
{"title":"Eksistensi Obligasi Syariah (Sukuk) Korporasi di Indonesia pada Masa Pandemi","authors":"Imroatus Sholiha, Nani Hanifah","doi":"10.35316/istidlal.v5i2.346","DOIUrl":"https://doi.org/10.35316/istidlal.v5i2.346","url":null,"abstract":"This article explained how the existence of corporate sharia bonds (Sukuk) during the pandemic. Sukuk was one of the instruments owned by Islamic financial institutions, namely the Islamic capital market. The existence of the coronavirus had existed for one year. By using the library research method, and using qualitative descriptive, namely the method by describing and interpreting the existence of Islamic bonds (Sukuk) in the pandemic period qualitatively, namely the description and description in words based on library data, journal articles, OJK and related data. The data collection method used the documentation method then the data was processed so that it completes this article. The results showed that the record was the outstanding value of Sukuk from 2016 to January 2021 had increased from 11.88 trillion to 30.25 trillion. Meanwhile, the number of outstanding Sukuk had experienced a good development from 2016-January 2021, namely from 53 to 161. And the accumulated value of Sukuk issuance had also increased, from 2016-January 2021 from 20.43 trillion to 55.15 trillion. Meanwhile, the accumulated number of Sukuk issuances also increased from 102 to 274.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132500259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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