{"title":"Transformasi Fikih Munakahat tentang Hukum Menikahi Wanita Ahli Kitab ke dalam Kompilasi Hukum Islam Pasal 40 Huruf (C)","authors":"Ilham Mujahid","doi":"10.35316/ISTIDLAL.V3I1.131","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V3I1.131","url":null,"abstract":"There are three elements examined in this article, namely: legal transformation, Islamic law, and compilation of Islamic law. Legal transformation is a change of law from a legal system to another legal system with characteristics that are not the same so that it changes shape, nature and substance. Islamic law question is the dimension of marriage fiqh which is transferred to the Compilation of Islamic Law, with the process of national legislation. The substance of Jurisprudence about the prohibition of marrying expert women of the Book from the books of Jurisprudence became the focus of the study, then traced how the transformation process into the Compilation of Islamic Law Article 40 letter (c).","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127397466","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}
{"title":"Strategi Pemasaran Pembiayaan Ijarah Muntahiyah Bit-Tamlik (IMBT) terhadap Pemberdayaan Usaha Mikro Kecil Menengah","authors":"M. Idris, M. Mustofa","doi":"10.35316/ISTIDLAL.V3I1.123","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V3I1.123","url":null,"abstract":"Islamic finance institutions are often used as an alternative for the community that is not facilitated by banks, both conventional and Islamic. People tend to invest their capital and run financing in shari'ah financial institutions because administrative procedures are easy when compared to investing capital and financing in State or private banks and also because they are more reliable. The purpose of this study was to determine the marketing strategy of financing Ijarah Muntahiyah Bit-Tamlik (IMBT) and the effect of IMBT financing on the empowerment of Micro, Small and Medium Enterprises (UMKM). The location of this study was at KSPS BMT UGT Sidogiri Capem Silo Jember. This research is qualitative descriptive method. Data collection was done through interviews, observation, and documentation. The analysis was carried out by data reduction, data presentation, data collection, and triangulation. The results showed that the marketing strategy of IMBT financing applied by BMT Sidogiri Capem Silo Jember included four variables in the marketing mix, namely product strategy, promotion strategy, pricing strategy, and place strategy. Whereas the effect of IMBT financing on the empowerment of UMKM was that develops productive businesses to increase the income of small entrepreneurs and members, one of which was in the trade and agriculture sectors to facilitate the public in accessing their goods.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123790083","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}
{"title":"Pengembalian Barang Hutangan dengan Format Gotong Royong dalam Pembangunan Rumah","authors":"Ach. Fadlail, N. Hasana","doi":"10.35316/ISTIDLAL.V3I1.126","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V3I1.126","url":null,"abstract":"Islam has taught all aspects of life, both of ritual worship and muamalah, worship which is needed to maintain the strength and harmony of human relations as servants with to Allah, while muamalah is said to be rulers of the game. It is one of the noble cultures of the Indonesian people which is always inherited and continues to be preserved from generation to generation until now, from this togetherness a tradition emerges in some societies known as \"building materials\". This custom has become a rooted tradition in the midst of community life including in Sumberejo Village, Banyuputih District, Situbondo Regency. Based on the results of this study, it can be seen that the practice of returning debts with the format of mutual cooperation in the construction of houses of them that are practiced in the form of debt-receivable transactions. Practices like this in fiqh are known as Qardh. The view of Islamic law on the practice of debt-debts with the format of legal cooperation because it has been based on the basis of mutual willingness and the existence of benefits that return to both parties.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126596164","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}
{"title":"Strategi Toko Tradisional Kawan Kita dalam Meningkatkan Kualitas Layanan Penjualan: Perspektif Etika Bisnis Islam","authors":"Ummal Khoiriyah","doi":"10.35316/ISTIDLAL.V3I1.124","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V3I1.124","url":null,"abstract":"Kawan Kita traditional shop apply several strategies to improve service quality of sales by providing training, education, assessment and communication pattern in the Islamic business ethics perspective. This research is a qualitative research with a descriptive approach that aims to describe strategies in improving service quality and Islamic business ethics perspective. Based on the results of the research, the strategies in improving the service quality in the Islamic business ethics perspective applied in Kawan Kita traditional shop are: human resource management is run well, based on Qur'an and Hadith. Among them is by providing training on Islamic business ethics, evaluating employees, approaching employees directly (hablum minannas), and communicating well and correctly according to Islamic law.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114623682","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}
{"title":"Pola dan Perkembangan Perbankan Syariah di Indonesia","authors":"Ahmad Khoirin Andi","doi":"10.35316/ISTIDLAL.V3I1.127","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V3I1.127","url":null,"abstract":"The development of Islamic banking in Indonesia with the complexity of the problem in its journey has shown good results and as a reference for the pattern and strategy for developing financial institutions. Islamic banking with its (the) sharia principles of avoiding usury practices and prioritizing mutual benefits have proven to be a complete banking system. But besides that, additional supervision is needed to ensure the implementation of sharia principles, namely by the existence of a sharia supervisory board (DPS) to implement fatwas as guidelines for the operation of Islamic banks issued by the National Sharia Council (DSN).","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"283 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126923514","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}
{"title":"Hak dan Kewajiban Istri yang Berkarier: Studi Komparatif antara Kitab ‘Uqudullujain dan Kitab Fikih Wanita Yusuf Qardhawi","authors":"M. Jufri, Rizal Jupri","doi":"10.35316/ISTIDLAL.V3I1.130","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V3I1.130","url":null,"abstract":"The rights and obligations of husband and wife according the book of ‘Uqudullujain is not some different from the books of fiqh for women. It's just that the book of ‘Uqudullujjain the description of the obligations of the wife is more, with the reason that the wife is like a prisoner for her husband. Whereas the rights and obligations of a wife who have a career according to the book ‘Uqudullujain and the book of fiqh for women are the same as the rights and obligations of the wife normally. But according to the book of ‘Uqudullujain the rights of the wife can be hindered if the wife works without the permission of the husband. Whereas according to the book of Jurisprudence Women are not hindered because the husband's permission is not required, only the work must be in accordance with the feminine nature of women and permitted by the Shari'ah.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130920441","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}
{"title":"Pandangan Islam Terhadap Pasal Penistaan Agama","authors":"Abdul Aziz","doi":"10.35316/istidlal.v2i2.113","DOIUrl":"https://doi.org/10.35316/istidlal.v2i2.113","url":null,"abstract":"Freedom in certain religions has been guaranteed by law. This freedom should not interfere another people's freedom. To realize this kind of freedom then the law appears to regulate the prohibition of insulting or defamating a particular religion. When the state has provided a provision in the matter of blasphemy, what is about Islam? To find the answer of this question, ought to look at the Qur’an, the Hadith and the opinions of Fuqaha. The conclusion obtained that the article contained in the Criminal Code is in accordance with the doctrine of Islam. Islam always teach moslems to appreciate what other people trust meanwhile when there are people who insult at Islam, such as insulting Allah and Prophet, so must be consequent as murtad and be killed.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121767725","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}
{"title":"Tinjauan Istihsan Terhadap Bai’ al- Wafa’ Di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso","authors":"U. Ubaidillah","doi":"10.35316/istidlal.v2i2.114","DOIUrl":"https://doi.org/10.35316/istidlal.v2i2.114","url":null,"abstract":"The birth of the first sharia bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging sharia-based financial institutions other, cultivated sharia cooperative in the form of BMT. Inside the BMT, we are familiar with the term buy back or bai' al-wafa'. Bai 'al-wafa' is a buying and selling is done by someone who need money by selling (real estate/real property) goods is owned by agreement if he can pay (the price) then he can take back the goods while the legal basis bai 'al-wafa' according to Hanafi Madzhab is istihsan. Istihsan is the turning of a mujtahid from qiyas street jaly (real) to qiyas the khafi (vague) or the turning of a mujtahid from law kulli (general) to the law istitsna`i (limit) because it crossed their minds there is a superior proposition.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115392672","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}
{"title":"Prinsip-Prinsip Hukum Tentang Yayasan Sebagai Pengelola Lembaga Pendidikan Tinggi Swasta","authors":"Ach. Fadlail","doi":"10.35316/istidlal.v2i2.110","DOIUrl":"https://doi.org/10.35316/istidlal.v2i2.110","url":null,"abstract":"As a subject of vital human development, plays a central role which will formulate the concept, planning, integrating nodes strength and potential, as well as solve problems that go it. Thus the importance of the role played by humans, it is not exaggeration if humans as subjects of development must truly have personal maturity, good science, capacity, superior capability, and reflects the character of noble character as the embodiment litasnya/its litas. In order to achieve the expected degree of quality, education need the primary human. It may be noted also that one of important aspect of development is education. Regarding at 31 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 guarantees the right every citizen to get an education. Constitutional mandate is further defined in the legislation under the Constitution. One is Act No. 20 th2003 on Education System National. Primary responsibility of the provision and delivery of education is in the hands of the Government. Folk as education goals, in addition to having the right to education as mandated by the Constitution of the Republic of Indonesia th1945, also bear the responsibility for the implementation of education. Participation and community participation in education which one of them can be done by the foundation.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116931043","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}
{"title":"Studi Analisis Ijtihad Rasul SAW dalam Kitab Ijtihad Rasul SAW","authors":"Muhammad Ihwan","doi":"10.35316/ISTIDLAL.V2I2.115","DOIUrl":"https://doi.org/10.35316/ISTIDLAL.V2I2.115","url":null,"abstract":"This research aims to find out the views of the scholars about the ijtihad of the Prophets in the book of Ijtihad al-Rasul SAW by Abdul Jalil Isa and to find out the description of the actions of the Prophet Muhammad which was considered ijtihad. The type of research is used by qualitative research. The data obtained were clarified and analyzed according to the topic of discussion. From the results of the data collection and analysis can be concluded that are: 1) The Preception of the scholars about ijtihad of the Prophets in the book of Ijtihad al-Rasul SAW are divided into three. Firstly, Abu Ali al-Juba'i argued that the Prophet did not carry out jihad, both in legal matters (sharia) and worldly affairs in. Secondly, Ibn Hazm, Ibn Taymiyyah and Kamal al-Hummam argued that the Prophet had jihad, both in the affairs of the Shariah and world affairs in. Thirdly, Qadhi Iyadh and Ibn Khaldun argued that the Prophet did not carry out jihad in the Shari'ah region, the Prophet only had jihad the in area of world affairs. This difference of opinions are based on the third approach in concluding the Prophet's ijtihad; 2) The act of the Prophet Muhammad SAW which was considered ijtihad in the book of Ijtihad al-Rasul SAW was that there were two, namely: The first, the act which turned out to be wrong then by the Shari was straightened out, and secondly, his decision was not followed by his friend.","PeriodicalId":244182,"journal":{"name":"Istidlal: Jurnal Ekonomi dan Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114207715","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}