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DNA As The Determination of Descendant of Children Outside of Marriage Under The Perspective of Ibn Taimiyyah Achmad Fageh
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 1 (2021): Juni 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.1.137-159

The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has significant meaning, with resolution can be known relationship between child and father. His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010, namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.

Building A Synergy Between The Halal Industry And The Green Industry In The Maqasid Syari'ah Review As The Basis Of Islamic Economics Achmad Fageh
Journal of Islamic Economic Laws Vol 5, No 1: January 2022
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jisel.v5i1.17034

Industrial estates are usually reflected in the existence of a sure standardization. The halal industry gave birth to "Halal supply chain management," starting with halal standards procurement, manufacturing, distribution, and logistics. The green industrial area was first born by prioritizing environmental sustainability, namely efficiency in using renewable energy, environmentally friendly substitute raw materials, and waste treatment. So far, there has not been continuity seen in the Policy, so the concept of Maqasid Sharia as the basis of Islamic economics, which prioritizes "halalan thoyyiban" or halal and suitable, has not been used as a foundation to synergize the goodness of each industrial area so far. This research offers a concept of halal and environmental sustainability, which is reflected in the following industry supply chains. (1). Procurement of goods in a halal manner with environmentally friendly product raw materials criteria. (2). Manufacturing process by prioritizing the use of renewable energy. (3). Processing of waste products (gas, liquid and solid) to not damage the surrounding environment. (4). Halal Logistics and Distribution. So that what is contained in Maqashid Syariah can be implemented in this new concept

Digital Currency under the Perspective of Islamic Law Achmad Fageh
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 1 (2021): Juni 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Fatwa Number: 28/DSn-MUI/III/2002 regulates the sale and purchase of money in the fatwa which reads: Currency buying and selling transactions are basically allowed, provided that: Not for chancy (speculation), just in case (savings), the transaction needs if the currency transactions are of the same type, they must be of the same value and cash. If different types, it must be based on the exchange rate at the time of transaction and cash delivery. The concept of digital currency for buying and selling transactions has met the requirements and pillars. However, in the mechanism, there is an element of ambiguity. Its nature and form is unknown (jahalah), which is contained in the software. The use of digital money is also seen as having many disadvantages. The reason is that when the price goes up, this digital money will be sold, and even the price can go up to zero. Here there is a dark side that is to draw fate and make a profit. So to avoid harm, this digital money is not recommended to be used.

Construction of Wife's Permit on Polygamy Practice of Tablig Pilgrim's Mayangan Jogoroto Jombang Achmad Fageh; Ahmadun Najah
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 12 No. 1 (2022): Juni
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2022.12.1.1-27

The focus of this study is the construction of the wife's license to practice polygamy on Tablig Mayangan Jombang Pilgrims. The purpose of the study is to find out the practice of polygamy Of Tablig Mayangan Pilgrims and the model of the wife's license to practice polygamy Tablig Pilgrims Mayangan. This type of field research is qualitative, using the analysis of normative legal and sociological approaches, with inductive reasoning and Data collection techniques using observation, documentation, and interviews. The results showed that polygamous behavior carried out by Tablig pilgrims is based on rational and sharia-laden aspects because polygamous behavior arises due to consideration of the struggle of da'wah as Tablig pilgrims. Polygamy is also considered worship for the husband and wife of Tablig worshippers. Therefore, the practice of polygamy of the husbands and husbands of Tablig pilgrims strictly follows the provisions stipulated in Law No.1 of 1974, article 4 paragraph 2 about committing the cause of polygamous marriage by obtaining the wife's permission. The construction model of the wife's license to practice polygamy Tablig pilgrims is the model of Wira'i, which considers prudence over the property of the third wife as a rich man to avoid disputes over the seizure of Gono - Gini property and so on.

Hybrid Contract Perbankan Syariah perspektif Maqasid al Sharia Jasser Auda Achmad Fageh; Maulana Surya Ihsan
EL-BANAT: Jurnal Pemikiran dan Pendidikan Islam Vol. 12 No. 2 (2022): Desember
Publisher : Sekolah Tinggi Agama Islam YPBWI Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54180/elbanat.2022.12.2.216-229

This study aims to determine the relevance of the Multi-Contract concept to the theory of Maqasid Jasser Auda, as well as explain how the laws that apply the Maqasid concept to the financial system with the latest patterns in the Islamic economic world. The method used in this research is qualitative with a library research approach. Based on the results of research on the Multi Contract concept in Jasser Auda's maqasid perspective, carrying out the DSN-MUI fatwa on hybrid contracts as an effort to contextualize between Multi Akad which is in line with Islamic banking, and the sharia Maqashid concept offered by Jasser Auda which is considered more comprehensive, contextualist, elastic and moderate

Peran Cash Waqfh Linked Sukuk (CWLS ) Dalam Optimalisasi Pemulihan Ekonomi Nasional Di Masa pandemi Ashif Jauhar Winarto; Achmad Fageh; Muhammad Hamdan Ali Masduqie
IQTISHADIA Jurnal Ekonomi & Perbankan Syariah Vol. 8 No. 2 (2021)
Publisher : Institut Agama Islam Negeri Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/iqtishadia.v8i2.4762

Abstract : This study aims to determine the role of Cash Waqf Linked Sukuk (CWLS) in optimizing the National Economic Recovery (PEN) during the Pandemic Period in Indonesia. The research method used in the research related to the role of Cash Waqf Linked Sukuk (CWLS) uses library research, this method is useful for collecting data, and the data can be from journals, web, news, and articles. other. This method does not involve interviews to collect data. This research was carried out as an effort to create a model that is expected to be able to provide various solutions or alternatives for the implementation of productive waqf namely Cash Waqf Linked Sukuk (CWLS). The results of the research obtained in this study are that many Indonesian people are helped by the existence of waqf funds which are reused so that they become productive waqf. This shows the presence of Cash Waqf Linked Sukuk (CWLS) which can be a solution to realize the National Economic Recovery (PEN) in the Pandemic Period. Keywords: Waqf, Sukuk, Cash Waqf Linked Sukuk (CWLS), National Economic Recovery (PEN). Abstrak : Penelitian yang dilakukan bertujuan untuk mengetahui peran Cash Waqf Linked Sukuk (CWLS) dalam mengoptimalkan Pemulihan Ekonomi Nasional (PEN) di Masa Pandemi di Negara Indonesia. Metode penelitian yang digunakan dalam penelitian yang dilakukan terkait peran Cash Waqf Linked Sukuk (CWLS) ini menggunakan Studi kepustakaan (library research), metode ini berguna untuk mengumpulkan data-data, dan data-data tersebut bisa dari jurnal, web, pemberitaan, dan artikel lainnya. Maka dalam metode ini tidak melibatkan kegiatan wawancara untuk mengumpulkan data. Penelitian ini dilaksanakan sebagai upaya menciptakan suatu model yang diharapkan mampu menyediakan berbagai solusi atau alternatif bagi pelaksanaan wakaf produktif yaitu Cash Waqf Linked Sukuk (CWLS). Hasil penelitian yang didapatkan dalam penelitian ini yaitu, banyak Masyarakat Indonesia ini yang terbantu dengan adanya dana wakaf yang dimanfaatkan kembali sehingga menjadi wakaf yang produktif. Hal ini menunjukkan hadirnya Cash Waqf Linked Sukuk (CWLS) dapat menjadi solusi untuk mewujudkan Pemulihan Ekonomi Nasional (PEN) di Masa Pandemi. Kata Kunci: Wakaf, Sukuk, Cash Waqf Linked Sukuk (CWLS), Pemulihan Ekonomi Nasional (PEN).

Hak Merek Dagang Persepektif Perundangan Dan Ekonomi Islam Ach Bakir; Achmad Fageh
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 | DOI: 10.29040/jiei.v9i3.10095

One of the developments in the world of the Indonesian economy is the emergence of the issue of intellectual property rights or intellectual property, because it has become a standard regulation and there are laws. In Islamic teachings textually nothing mentions or explains this. In fact, if in Indonesia as actors or executors in increasing professionalism and productivity, then the study of intellectual property rights in the Indonesian legal system becomes something very important. This research is a type of library research, research whose object of study uses library data in the form of books as a data source. The results of this study are that trademark rights can be protected by law no. 20 of 2016 with the condition that the mark is registered at the Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights. In Islamic economics, Hanafiyyah scholars do not recognize the existence of intellectual property, while the majority of scholars themselves recognize the existence of intellectual property because what is meant by property is anything of value and those who destroy it must bear the burden or the consequences

Smart Sukuk Berbasis Blockchain Tinjauan Maqasid Syariah Al-Najjar Dimyati Dimyati; Moh. Imron Rosyadi; Achmad Fageh
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 | DOI: 10.29040/jiei.v9i3.10409

The concept of Blockchain-based Smart Sukuk involves the use of Blockchain technology and smart contracts in the issuance and execution of Sukuk. Smart Sukuk and Blockchain: One of the innovations of Blockchain systems is smart sukuk. Effective issuance of smart sukuk allows small and medium enterprises (MSMEs) to take advantage of it. Because it increases transparency and eliminates the possibility of fraud or speculation in sukuk transactions, Blockchain is a technology that builds trust between issuers and investors. Smart Contracts: Smart contracts run on the Ethereum Blockchain and allow smart sukuk to be automated and executed digitally. Smart contracts eliminate some of the components and parties involved in conventional sukuk, such as trustees, registrars, payment agents, calculation agents, arrangers, listing agents, transfer agents, and security depository. MSME Financing Potential: Blockchain-based Smart Sukuk has the potential to support the development of MSMEs and the deepening of the Islamic financial sector. Efficiency and Transparency: The use of Blockchain technology in Smart Sukuk can increase efficiency, transparency, and cost, allowing companies to utilize sukuk structures more efficiently

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