{"title":"Iddah dalam Mazhab Fiqih dan Perundangan Indonesia","authors":"Ahmad Zamzam Saefi","doi":"10.58401/faqih.v9i1.963","DOIUrl":"https://doi.org/10.58401/faqih.v9i1.963","url":null,"abstract":"After a divorce occurs, a woman cannot immediately marry a man she considers capable of replacing her husband. There are different waiting periods for divorce cases based on the female subject. This waiting period is known as 'iddah in Islam. In its development, there are differences of opinion among scholars regarding the periods of 'iddah. Each school of thought has its own views and provisions regarding the duration of the iddah, the conditions that terminate iddah, and the rights and obligations of women during the iddah period. This research is a qualitative research with a library research approach. This article discusses these differences, as well as the arguments and legal basis which are the basis for each school of thought in determining the length of 'iddah. We will explore the theological and legal perspectives that shape the views of each school. From the research it was found that in general the iddah according to the 4 Schools of Fikh is almost the same, a sharp difference is in the iddah of divorce for women who are still menstruating and not pregnant, which is based on differences in the meaning of the word qur'u.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359286","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}
Dery Ariswanto, Studi Komparatif, Konsepsi Dana, Non-halal dan, Perspektif Politik, Ekonomi Islam
{"title":"Studi Komparatif Konsepsi Dana Non-halal dan Dana TBDSP dalam Perspektif Politik Ekonomi Islam","authors":"Dery Ariswanto, Studi Komparatif, Konsepsi Dana, Non-halal dan, Perspektif Politik, Ekonomi Islam","doi":"10.58401/faqih.v9i1.866","DOIUrl":"https://doi.org/10.58401/faqih.v9i1.866","url":null,"abstract":"This study aims to examine the comparison of the concept of regulation of non-halal funds and TBDSP funds in the perspective of Islamic Political Economy. This research uses qualitative methods with the type of research that is library research. The results of the discussion in this study indicate that the arrangement of non-halal funds was originally only limited to a concept which must then be used for social purposes, but there are no specific rules related to how to obtain or source of these funds, how to manage them, and what are the provisions for their distribution. . Presentation and reporting of non-halal funds have previously been regulated in PSAK 101 and 109. The presence of the DSN fatwa number 123/DSN-MUI/XI/2018 can imply that the concept of non-halal funds should not be recognized as income for Islamic financial institutions. So that the term non-halal funds in Islamic financial institutions is more accurately referred to as TBDSP funds. It is appropriate that maximum supervision is needed in implementing the DSN fatwa regarding TBDSP funds in Islamic financial institutions, so that the management of non-halal funds of Islamic financial institutions can be directed and on target in accordance with existing regulations.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"79 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359454","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":"Hukum Adat Sasi Larvul Ngabal Perspektif Fiqh Al-Bi'ah","authors":"Mahdi Temarwut, Soni Zakaria, M. Nurhakim","doi":"10.58401/faqih.v9i1.825","DOIUrl":"https://doi.org/10.58401/faqih.v9i1.825","url":null,"abstract":"The purpose of this research to analyze how sasi is practiced in Larvul Ngabal customary law and how sasi Larvul Ngabal customary law from the perspective of Fiqh al-Bi’ah. This study uses qualitative methods with the type of field research. There were 5 informants in this study, consisting of village priests, youth leaders, and 3 members of the community. Data collection techniques used as observation, interviews, and documentation. The data analysis used is data collection, data presentation, and data verivication or drawing conclusion. The result of this study indicate the customary law of sasi Larvul Ngabal basically has the same principles as Fiqh al-Bi’ah in protecting and preserving the invironment. Philosopically, the customary law of sasi Larvul Ngabal originates from noble cultural values which are transformed into basic rules in life. While Fiqh al-Bi’ah is sourced from the authentic Al-Qur’an, contains efforts, ways, ang attitudes towards life towards the environment.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359322","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}
Abiyun Naufal, Ahda Bina, Kedudukan Non-Muslim, Dalam Qanun, Jinayat Aceh, Studi Analisis, Qanun Nomor, Pasal, Huruf, Menurut Maqashid, Syariah Jasser, Auda
{"title":"Kedudukan Non-Muslim Dalam Qanun Jinayat Aceh (Studi Analisis Qanun Nomor 6 Tahun 2014 Pasal 5 Huruf c Menurut Maqashid Syariah Jasser Auda)","authors":"Abiyun Naufal, Ahda Bina, Kedudukan Non-Muslim, Dalam Qanun, Jinayat Aceh, Studi Analisis, Qanun Nomor, Pasal, Huruf, Menurut Maqashid, Syariah Jasser, Auda","doi":"10.58401/faqih.v9i1.826","DOIUrl":"https://doi.org/10.58401/faqih.v9i1.826","url":null,"abstract":"The research will focus on how the implementation of Qanun jinayat itself, and how the position of Non-Muslims in Qanun jinayat when viewed with Maqashid Shari'ah Jasser Auda. As a city that has a majority Muslim population, Aceh has customs and culture that can be said to be integrated with Islam itself. Therefore, Aceh is a special province with Qanun or Islamic law formulated as a legal umbrella in accordance with Qanun Number 6 of 2014 concerning Jinayat Law. However, the Qanun based on Islamic law will definitely intersect with the Non-Muslim population in Aceh, so there are often misunderstandings and confusion among the community","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"188 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359561","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":"Pembagian Harta Waris Pada Adat Waris Tunggu Tubang Dalam Perspektif Kompilasi Hukum Islam","authors":"Ahmad Hadzikil Fahimi","doi":"10.58401/faqih.v9i1.814","DOIUrl":"https://doi.org/10.58401/faqih.v9i1.814","url":null,"abstract":"The Tubang inheritance tradition uses a female major inheritance system. The customary inheritance of the Tunggu Tubang heirs differs from the heirs listed in the Compilation of Islamic Law and the portion that all heirs receive in the customary inheritance of the Tunggu Tubang with the Compilation of Islamic Law. The Compilation of Islamic Law is the rules modified in such a way as to adapt to the customs and culture that occur in Indonesia. One of the sections contained in the Compilation of Islamic Law is the division of inheritance. The results of this study provide a law that in the division of the customary inheritance of Tunggu Tubang is not included as inheritance, because the articles in the Compilation of Islamic Law have many differences, but the customary inheritance of Tunggu Tubang can be said to be a gift. The customary inheritance of the Tunggu Tubang can be called a grant because the giving of grants to heirs is referred to as an inheritance. The inheritance tradition of the Tunggu Tubang which gives their wealth to the eldest daughter who is included in the heirs is sufficient if it is called a grant and also the inheritance that has been given to Tunggu Tubang can be withdrawn by the parents if it is not used as well as possible.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359464","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":"Faktor Penghambat Mediator Non-Hakim Dalam Penyelesaian Perkara Perceraian Pada Kasus Lanjut Usia Di Pengadilan Agama Bantul","authors":"Mifta Zulfalah Azzahro Sudarmaji","doi":"10.58401/faqih.v9i1.863","DOIUrl":"https://doi.org/10.58401/faqih.v9i1.863","url":null,"abstract":"The non-judge mediator as a third party that has the rights to help the disputing parties in negotiating without any neutral case. This study aims to uncover the facts that hinder the success of non-judge mediators in carrying out mediation in elderly divorce cases at the Bantul Religious Court. This is the qualitative field research, conducted at the Religious Court Bantul from February to March conducted analytically, and by taking data based on the findings in the field with a empirical approach. The data were collected through observation, interviews, and documentation.The results of this study showed that first, Factors of elderly divorce occur because of a second marriage, the wife has menopause, old nature, economic factors, neglect of responsibilities, left by a partner because of illness. Second, the low rate of success in mediation in elderly cases at the Religious Court Bantul was caused by several factors, including: very limited time, the constancy of the parties to get divorced, the prolonged problems faced by the parties, the absence of goodwill from the parties not attending the mediation process.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359565","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":"Praktik Pengelolaan Limbah Industri Dalam Perspektif Maqasid Syari’ah","authors":"Suci Suryawati","doi":"10.29062/faqih.v8i1.603","DOIUrl":"https://doi.org/10.29062/faqih.v8i1.603","url":null,"abstract":"The existence of an industry is very synonymous with the presence of waste. Waste if disposed of carelessly will cause pollution to the environment and will affect human health. Therefore, to avoid pollution, management is needed to minimize the impact of the waste. As well as the management carried out by tapioca flour producers in Kaliboto Village, Tarokan, Kediri, although management efforts have been carried out, there is still pollution found. Based on these problems, the focus of this research is how waste management practices in the tapioca flour home industry of Kaliboto Village, Tarokan District, Kediri Regency in the perspective of maqasid syari'ah. This research is a case study using a qualitative approach. The primary data source in this study is the results of observations and interviews with tapioca flour home industry managers, village governments and local communities. The result of this study is that there are several efforts that have been appropriate or not in accordance with the value of shari'ah maqasid. First, from the value of hifdz an-nafs that have been appropriate, namely maintaining health by increasing the productivity of livestock through feeding that contains high nutrition and meets the needs of life by managing waste. The management that is not yet appropriate is the lack of maximum management of liquid waste so that it can endanger yourself and others. Second, from the value of hifdz al-mal, namely obtaining property in a good way through waste management so that it can get additional income and open new businesses.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129219035","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":"Aspek Hukum dalam Transaksi Jual Beli dengan Sistim Kredit dan Korelasinya dengan Perilaku Konsumsi Muslim","authors":"M. Huda","doi":"10.29062/faqih.v8i1.559","DOIUrl":"https://doi.org/10.29062/faqih.v8i1.559","url":null,"abstract":"The credit buying and selling system has an effect on both the seller and the buyer. There are those who feel that they are harmed, benefited, are equally harmed or are equally harmed. In this case, the seller and the buyer must both benefit, so that neither party feels disadvantaged. When both parties benefit from each other, the rural economy will run smoothly. The rural economy is currently able to develop, one of which is because of buying and selling on credit. So that the funds owned by the community are not solely used to buy or consume goods and services, but can also be used for other needs in order to get multiplied results, such as investment, and can also be used to save as future savings. However, there are two kinds of buying and selling credit, namely buying and selling credit that is allowed and buying and selling credit that is forbidden. Buying and selling credit that is allowed is buying and selling according to Islamic law, while buying and selling that is forbidden is buying and selling that is forbidden by Islamic law. Therefore, people, especially in rural areas, must be good at sorting out transactions that are included in the law of buying and selling credit and those that are prohibited from buying and selling credit, so as not to deviate from muamalah according to Islamic views.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"123 27","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131879189","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":"Fikih dalam Tafsir Berbahasa Sunda","authors":"Siti Novi Nafisah","doi":"10.29062/faqih.v8i1.555","DOIUrl":"https://doi.org/10.29062/faqih.v8i1.555","url":null,"abstract":"This article discusses the interpretation of fiqh verses in Sundanese Interpretation Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi. By studying the law of fiqh we can know which rules to follow and know the limits. The law of fiqh can also be the basis of behaving and referral in making decisions. Interpretation of the Qur'an by local scholars who developed in Indonesia many who use the language of the region, one of which is Sundanese. Therefore, it would be interesting if this study discussed of the fiqh pattern in Sundanese interpretation. This research is a type of library research. Through a descriptive method approach, the author describes how the interpretation of some fiqh verses written in Sundanese in Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an. The primary source of this research is Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi written in Sundanese pegon scripts. The aim that the writer wants to achieve in this study is to find out how the characteristics of the fiqh pattern in Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116660412","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":"Pembayaran Zakat Fitrah dalam Tradisi Metraen Bhekal Bineh di Bangkalan Madura Perspektif ‘Urf","authors":"Galuh Widitya Qomaro, Nia Ningsih","doi":"10.29062/faqih.v8i1.540","DOIUrl":"https://doi.org/10.29062/faqih.v8i1.540","url":null,"abstract":"The metraen bhekal bineh tradition in Banyuajuh, Bangkalan, Madura requires prospective husbands to pay zakat fitrah for their prospective wives in the form of money or rice. This study aims to determine the practice of the metraen bhekal bineh tradition and to find out the review of Islamic law on the metraen bhekal bineh tradition in Banyuajuh, Bangkalan, Madura. This research is a field research with qualitative methods and a sociological juridical approach. Sources of data used are primary data and secondary data. Data collection techniques through observation, interviews, and documentation were analyzed using the inductive method. Based on the results of the study, it can be concluded that the metraen bhekal bineh tradition in Banyuajuh, Bangkalan Madura in terms of Islamic law is permissible because it is a tradition that grows and develops with good values in society. The husband's obligation to pay zakat fitrah for his future wife is a customary obligation, not an obligation as required by Islamic law.","PeriodicalId":315895,"journal":{"name":"El-Faqih : Jurnal Pemikiran dan Hukum Islam","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126561152","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}