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All Journal Tahkim (Jurnal Peradaban dan Hukum Islam) Usroh: Jurnal Hukum Keluarga Islam Jurnal Ilmiah Ekonomi Islam Journal of Economicate Studies JUSTISI Al-Adl : Jurnal Hukum Al-Syakhsiyyah : Journal of Law and Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Asyahid Journal of Islamic and Quranic Studies (AJIQS) Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam El-Ahli : Jurnal Hukum Keluarga Islam Al-Muamalat : Jurnal Ekonomi Syariah Familia: Jurnal Hukum Keluarga COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Al-Istinbath: Jurnal Hukum Islam Syakhshiyyah Jurnal Hukum Keluarga Islam Fastabiq: Jurnal Studi Islam JSE: Jurnal Sharia Economica Mawaddah: Jurnal Hukum Keluarga Islam Al-Usroh : Jurnal Hukum Keluarga Islam El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Mu'asyarah Journal of Ekonomics, Finance, and Management Studies Ecobankers : Journal of Economy and Banking Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law Journal of Hadith Studies Jurnal Pendidikan dan Sosial Humaniora Ekonosfera: Jurnal Ekonomi, Akuntansi, Manajemen, Bisnis dan Teknik Global
Farid, Diana
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Perkembangan Ushul Fiqh Di Dunia Kontemporer Abdulah Pakarti, Muhammad Husni; Farid, Diana; Banaesa, Iba; Nurdin, Rahmat; Abdurrohman, Yusup; Basuni, Ilyas
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 5 No. 1 (2023)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v5i1.7065

Abstract

Since its introduction at the beginning of Islamic history, Ushul Fiqh has undergone significant developments, especially in facing the increasingly complex challenges of modern times. This study aims to analyze the changes and developments that have occurred in Ushul Fiqh so far, as well as the underlying factors. This research discusses the development of Ushul Fiqh in the contemporary world. Ushul Fiqh is a branch of knowledge in the study of Islamic law that aims to identify the methods and principles used in deriving laws from the sources of Islamic law. The method used is a literature review of various primary and secondary sources, such as classic books of Ushul Fiqh, contemporary literature, and scientific articles. A historical approach and conceptual development analysis were used to understand how Ushul Fiqh has changed over time. The research findings show that Ushul Fiqh underwent adjustments and transformations to address contemporary issues such as technology, human rights, bioethics, economics, and modern finance. One of the main factors influencing the development of Ushul Fiqh in the contemporary world is globalization, which has brought new challenges in interacting with different cultures and legal systems. In addition, social and political changes have also played an important role in shaping Ushul Fiqh's views towards more modern issues. This research provides an in-depth understanding of the development of Ushul Fiqh and its relevance in dealing with the complexities of modern times. It is hoped that this research can make a positive contribution to the development of the science of Ushul Fiqh, inspire further studies, and provide guidance for scholars and practitioners of Islamic law in responding to the challenges of contemporary times.
Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia Nuryamin, Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Hilal Nu'man, Mohamad
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2303

Abstract

Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.
Harmonizing the Iddah Period for Women Divorced Outside the Court According to KHI and Fiqh Law Farid, Diana; Abdulah Pakarti, Muhammad Husni; Mabruri, Kemal Al Kautsar; Kusmardani, Alex; Lestari, Elly
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2455

Abstract

Legal harmonization determining the iddah period for divorced women outside of court between Law No. 1 of 1974 and the Compilation of Islamic Law is still an unresolved issue in Indonesia. This study aims to identify the differences and similarities between the two laws, as well as provide recommendations on the proper harmonization of laws for divorced women outside the court. This study uses comparative analysis methods and interviews with Islamic jurists. The results of the study show that there are differences in determining the iddah period between the two laws, and the proper harmonization of law by enforcing Islamic law that is in line with the social and cultural context of Indonesian society. It is hoped that the results of this research can become input for legislators and the public in formulating legal policies that are fair and in accordance with Islamic teachings and the social context in Indonesia.
Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Fathiah, Iffah
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (728.312 KB) | DOI: 10.29240/jhi.v7i2.4574

Abstract

This research discusses mixed marriage which is very controversial in society, even though most religions have prohibited the practice of mixed marriage. In Decree No. 454/Pdt.P/2018/PNSKt. The judge allowed the marriage of someone of a different religion, even though the Marriage Law clearly does not regulate and returns to the laws of each religion. HKI (Compilation of Islamic Law) prohibits the practice of interfaith marriage as stated in Article 40 letter c. This study aims to analyze the judge's considerations in granting or rejecting interfaith marriages with the applicable laws in the marriage law and KHI (Compilation of Islamic Law). The research method used is qualitative (library research) with a normative legal approach as an analytical tool to describe existing problems and gain insight. The results of this study indicate that the determination of interfaith marriages in Decision No. 454/pdt.p/2018, it is only the subjectivity of judges in interpreting Article 2 (1) of the Marriage Law and legalizing interfaith marriages which are in stark contrast to the Compilation of Islamic Law which has been in force in the Religious Courts in Indonesia.
Penerapan Akad Musyarakah Mutanaqisah Pada Perumahan Syariah Aster Village Ciwastra Menggunakan Produk Pembiayaan Kredit Bank Syariah Indonesia Utama, Sofyan Mei; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Mabruri, Kemal Al Kautsar; Rohman, Hilma Fanniar
Jurnal Ilmiah Ekonomi Islam Vol. 9 No. 3 (2023): JIEI : Vol.9, No.3, 2023
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

House sale and purchase transactions in the context of sharia have become a major concern in the development of Islamic economic models that are based on the principles of justice, equality, and compliance with Islamic law. One of the contracts proposed to fulfill these principles is the Musyarakah Mutanaqisah Agreement. This study aims to analyze the application of the Musyarakah Mutanaqisah Agreement on home ownership loans in aster village Islamic housing where the implementation of credit is carried out through a Bank mechanism in this case Bank Syariah Indonesia (BSI). The research method used is a qualitative approach with a case study approach. Data were obtained through interviews with related parties, analysis of transaction-related documents, and review of related literature. The results showed that the implementation of the Musyarakah Mutanaqisah contract in BSI Griya Hasanah financing has two contracts in it (hybrid contract). The first is that banks and customers cooperate (syirkah / musyarakah) to buy an asset, so the musyarakah contract in BSI Griya Hasanah financing is only limited to cooperation in the ownership of an asset. The second is ijarah. The asset that becomes the object of financing is leased (ijarah) to the customer with a rental payment which is assumed to be a profit that will be divided between the bank and the customer according to a predetermined ratio. The profit sharing obtained by the bank will be considered as profit for the bank. Meanwhile, the profit sharing received by the customer is diverted to buy the bank's hishah portion. Not only is there more than one contract, in this BSI Griya Hasanah financing scheme there are also two agreement contracts. The first agreement contract contains the Musyarakah Mutanaqisah contract itself, and the second agreement contract contains ijarah.
The Influence of Sharia Economic Law on the Growth of Micro, Small, and Medium Enterprises (MSMEs) in the Digital Era Judijanto, Loso; Farid, Diana; Ali Fikri, Yudistia Teguh; Arilaha, Muhammad Asril; Syamsul, E Mulya
Jurnal Ilmiah Ekonomi Islam Vol. 10 No. 2 (2024): JIEI : Vol.10, No.2, 2024
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v10i2.12614

Abstract

This study aims to analyze the influence of sharia economic law on the growth of Micro, Small and Medium Enterprises (MSMEs) in the digital era. MSMEs have an important role in a country's economy, including in creating jobs, increasing people's incomes, and reducing economic disparities. However, MSMEs often face challenges in dealing with changes in the business environment, especially in the rapidly developing digital era. Therefore, it is important to analyze the influence of sharia economic law on the growth of MSMEs in the digital era. The research method used in this study is a qualitative method with a literature study approach. Data is collected from various relevant sources, such as academic journals, research reports, and related publications. The data were then analyzed using a comparative descriptive approach to identify the relationship between Islamic economic law and the growth of MSMEs in the digital era. The results of the study show that sharia economic law has a positive influence on the growth of MSMEs in the digital era. Sharia economic law provides a fair and equitable framework in economic activities, which encourages the development of MSMEs. The principles of sharia economic law, such as the prohibition of usury, speculation and unclear transactions, encourage MSMEs to adopt business practices that are more sustainable and oriented to social values. It is hoped that this research will make an important contribution in understanding the relationship between Islamic economic law and the growth of MSMEs in the digital era. The implication of this research is the importance of encouraging the adoption of sharia economic law in regulations and policies related to MSMEs in the digital era. In doing so, the government and related institutions need to consider the needs of MSMEs in facing challenges and taking advantage of opportunities that exist in the digital era, while still adhering to the principles of sharia economic law.
PENGARUH ZAKAT DIGITAL TERHADAP PENGENTASAN KEMISKINAN DI ERA DIGITAL Farid, Diana; Abdulah Pakarti, Muhammad Husni; Fathiah, Iffah; Hendriana, Hendriana
JSE: Jurnal Sharia Economica Vol. 2 No. 2 (2023): Juli
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/jse.v2i2.679

Abstract

This study aims to investigate the effect of digital zakat on poverty alleviation in the digital era. In the context of growing digitalization, digital zakat becomes an attractive alternative in the collection and distribution of zakat to help those in need. The research method involves searching and analyzing published literature, including scholarly articles, research reports, and books related to digital zakat and poverty alleviation. The data collected will be analyzed qualitatively by identifying key themes that emerge in the relevant literature. These themes will be used to compile research findings that will provide in-depth insights into the influence of digital zakat in alleviating poverty in the digital era. The results of this study show that digital zakat has significant potential in alleviating poverty in the digital era. One of the main advantages of digital zakat is the ease of access and transparency in the collection and distribution of zakat. Through digital platforms, individuals can easily collect and transfer their zakat directly to needy recipients. This reduces the cost and time involved in the traditional process of zakat collection and distribution. In addition, digital zakat also enables a more inclusive approach in alleviating poverty, with more individuals able to participate in giving zakat. This research contributes to the understanding of the effect of digital zakat on poverty alleviation in the digital era. The findings and recommendations from this research can serve as a guideline for zakat institutions, government, and other related organizations in designing and implementing effective digital zakat. It is hoped that this research can encourage further development and wider application of digital zakat for poverty alleviation in the future.
ANALISIS AKAD AS-SALAM DALAM JUAL BELI ONLINE DI TOKO CHAGIYA Yahya, Roby Putra; Farid, Diana; Utama, Sofyan Mei; Zilliavirni, Ratu Tiara; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana
JSE: Jurnal Sharia Economica Vol. 2 No. 2 (2023): Juli
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/jse.v2i2.736

Abstract

This research discusses the concept of the As-Salam contract in online buying and selling transactions at the Chagiya shop. The As-Salam contract is a form of contract in Islam that has an important role in maintaining the principles of justice and ethics in business. This research aims to analyze the application of the As-Salam contract in the context of online buying and selling at the Chagiya shop, as well as its impact on transaction actors and consumers. Qualitative method with descriptive analysis, this research uses a field approach (Field Research) by making direct observations of the activities carried out by the company. While the data collection techniques in this study used interviews with sellers and buyers at Chagiya Stores and library documentation (Library Research), after the data was collected, data analysis was carried out with several stages, namely data reduction, data presentation and drawing conclusions from what was obtained in this study. The conclusion obtained from this research is that buying and selling with the online system carried out by Toko Chagiya is included in the as-salam system using a written contract via the internet where the as-salam contract can be carried out by the two contract actors who are not in one assembly (place) then applied through pictures of products and types through the Instagram site. Both (contract actors) are brought together on one network site. The Online as-Salam System at Toko Chagiya is concluded that as-salam with an online system is permitted, because it fulfills the pillars and conditions of salam sale and purchase that have been determined by Shara' and fulfills the rules that apply in a transaction. This is reinforced by the opinions of Chagiya Shop buyers regarding the sale of their products, 95% say that the online service is satisfactory, the goods in the picture match the reality, and if there is a mistake from the store, the store is responsible. In addition, in practice, the author concludes that the contract carried out by Toko Chagiya is in accordance with the provisions of Fatwa DSN-MUI No.05/DSN-MUI/IV/2000. Where this online buying and selling does not contain elements that can damage it, such as usury, injustice, fraud and the like.
The Implementation of Financial Accounting Standards (PSAK) 109, Accounting Information Systems, Internal Control, and Employee Performance on the Quality of Financial Reports at BAZNAS Garut District Burhanudin, Ujang; Farid, Diana; Solihin, Dadin
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 5 No. 8 (2024): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v5i8.4248

Abstract

The problem raised in this study, namely regarding the quality of the financial statements of BAZNAS Garut Regency during the five years from 2016 to 2021, related to it has not fully met qualitative characteristics, such as relevant, reliable, easy to understand, and compatible. This causes the assessment of reasonable opinions without exception to be inconsistent, which the authors consider to be an important new aspect of research. This study aims to analyze the influence of the implementation of PSAK 109 (X1), accounting information system (X2), internal control (X3), and employee performance (X4) on the quality of financial statements (Y), both partially and simultaneously. The results of the study show that each variable, namely the implementation of PSAK 109 (X1), accounting information system (X2), internal control (X3), and employee performance (X4), partially has a significant influence on the quality of financial statements. Simultaneously, these variables had a significant influence of 93.9% on the quality of financial statements, while 6.1% were influenced by other factors that were not tested in this study.
Analisis Metode Penafsiran Hakim Dalam Memutus Perkawinan Beda Agama (Studi Kasus Undang-Undang No. 959/Pdt.P/2020/PN.Bdg dan Undang-Undang No. 71/Pdt.P/2017/PN Bla) Farid, Diana; Hendriana, Hendriana; Abdulah Pakarti, Muhammad Husni
MU'ASYARAH: Jurnal Kajian Hukum Keluarga Islam Vol 2, No 1 (2023): Maret
Publisher : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mua.v2i1.4910

Abstract

Artikel ini membahas terkait dengan metode penafsiran yang digunakan oleh Hakim dalam memutus perkawinan beda agama. Undang-undang No. 19 Tahun 2019 tentang perubahan atas Undang-undang No.1 Tahun 1974 tentang perkawinan, perkawinan beda agama tidak diatur secara eksplisit sedangkan dalam Kompilasi Hukum Islam melarang praktek perkawinan beda agama, sehingga terjadi disharmonisasi hukum, dan penetapan perkawinan beda agama menjadi subjektifitas Hakim dalam menetapkan perkawinan beda agama. Penelitian ini bertujuan untuk mengetahui metode penafsiran apa yang digunakan oleh Hakim. Metode penelitian yang digunakan adalah penelitian kualitatif (library research) dengan pendekatan hukum normatif. Hasil penelitian menunjukan bahwa penetapan no. 959/Pdt.P/2020/PN Bdg perkawinan beda agama yang dikabulkan menggunakan penafsiran letterlijk. Hakim yang menolak dalam penetapan no. 71/Pdt.P/2017/PN Bla menggunakan pendekatan penafsiran holistic.
Co-Authors Abdulah Pakarti, Muhammad Husni Abdurrohman, Yusup Adimiharja, Rochman Adrianto Ali Fikri, Yudistia Teguh Arilaha, Muhammad Asril Banaesa, Iba Basuni, Ilyas Burhanudin, Ujang Daryadi, Yudi Diana Farid Elly Lestari Fathiah, Iffah Gisymar, Najib A. Gussevi, Sofia Haidan, Haidan Hendriana Hendriana, Hendriana Hendriana4 Hilal Nu'man, Mohamad Hisam Ahyani Husain Judijanto, Loso Kusmardani, Alex Mabruri, Kemal Al Kautsar Marisa, Laini Mas’ud, Muhammad Mohamad Riyad Mintarja Mohammad Syaiful Aris Muhammad Afif Muhammad Husni Abdulah Pakarti Nahdia Nazmi Naisabur, Chikal Anugrah Putra Naisabur, Nanang Nugraha, Imam Nurdin, Rahmat Nuryamin Nuryamin Nuryamin, Nuryamin Nu’man, Mohamad Hilal Otong Syuhada Patronimik, Baktybek Putra, Haris Maiza Ramdani Wahyu Sururie Rauzana, Rauzana Rikki Maulana Yusup Rohman, Hilma Fanniar Saepullah, Usep Siddiq, Achmad Sitorus, Khalid Sofyan Mei Utama, Sofyan Mei Solihin, Dadin Supala, Supala Surasa, Ais Syamsul, E Mulya Tanoto, Ivan Trisulo Trisulo Ulpah, Ghina Wahidin, Jenal WAHYUDI Widiantini, Nema Yahya, Roby Putra Zelikho, Andini Zikry, Farhan Zilliavirni, Ratu Tiara