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Analisis Kesesuaian Instrumen Hedge Konvensional terhadap Prinsip Syarih Cipto Sembodo
TASAMUH: Jurnal Studi Islam Vol 11 No 1 (2019): Tasamuh: Jurnal Studi Islam
Publisher : LPPM IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/tasamuh.v11i1.172

Abstract

International finance is one of the areas that starts to attract attention of Islamic financial experts. In a more globalized market, Islamic banks need to be more exposed into international market in order to facilitate export-import transactions. Consequently, the Islamic banks are dealing with exchange rate risk higher than earlier. In the conventional counterpart, the risk can be minimized through hedging instruments; thus, gaining a higher level of operational efficiency. In an absence of such instruments, this paper offers possible mechanisms that could be beneficial for further development of so-called “Islamic hedge-mechanism”.One of the offers is how mudharabah or musharakah contract can be used to construct an Islamically acceptable hedge instruments.
Reintroduksi Hukum Islam dalam Wacana Kebangsaan Cipto Sembodo
Unisia Vol. 31 No. 69 (2008): Jurnal Unisia
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol31.iss69.art2

Abstract

This article discusses a discourse of Islamic Law in the context of nationality. This focuseson some efforts to bring Islamic Law back in to a system and regulatory pattern ofa pluralistic modern society, socially and culturally. This is inspired by the current phenomenonthat there has been an increased appreciation of society on Islamic Law significantly.This article argues that it is necessary to reintroduce Islamic Law in a discourse of nationality,and therefore, every product of Islamic Law thought should be able to positivelyinteract with the system of power and politics.Keywords: Islamic Law, nationality, reintroduce, power and politics.
Metode Interpretasi Hukum Aplikasi Dalam Hukum Keluarga Islam Dan Ekonomi Syariah Al Amin, Muhammad Nur Kholis; Abdullah, Agung; Santoso, Fattah Setiawan; Muthmainnah, Muthmainnah; Sembodo, Cipto
Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan Vol. 2 No. 1 (2023)
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.375 KB) | DOI: 10.47200/awtjhpsa.v2i1.1347

Abstract

This research aims to explain the importance of interpretation of the law — to the formulation of legal texts that already have legal certainty — for a law enforcement officer who aims to maintain the value of justice and the usefulness of the law, especially in the realm of Islamic family law and Syariah Economics. So that the judge as law enforcement who in the speech is considered to know the law (ius curia novit) is able to solve the problems that enter based on certainty, justice, and legal expediency. This is then made a subject matter as an interesting study of what is the method of interpretation as part of the method of legal discovery, besides that there is also the relevance of the ijitihad method as one way in the interpretation of law to the application of Islamic family law and Syariah Economics. This research is a literature study that tries to describe the importance of interpretation of legal texts (laws and regulations) through descriptive-analysis methods that process data qualitatively, so as to generate answers about the importance of legal interpretation and examples of its application in Islamic family law and Syariah Economics.
Alasan Gugat Cerai Pada Perkawinan Di Bawah Umur Di Kabupaten Sleman Herawati, Tri Ratna; Muthmainnah, Muthmainnah; Sembodo, Cipto; Sari, Ika Kartika; Fadli, Sahril
Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan Vol. 4 No. 1 (2025)
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/awtjhpsa.v4i1.2766

Abstract

Based on case data received at the Sleman Regency Religious Court in 2021–2022, there has been an increase in the number of divorce cases, with 76% of the total cases being divorce lawsuits filed by wives, while 24% were divorce lawsuits filed by husbands. This empirical legal research found that from the perspective of Islamic Law, divorce is permitted if household life can no longer be maintained. However, Islam still prioritizes mediation and peaceful resolution before a divorce decision is made. The Compilation of Islamic Law and the Marriage Law in Indonesia also regulates the age limit for marriage and the divorce lawsuit mechanism to protect the rights of married couples. This research is expected to provide insight to the public and policy makers regarding the impact of early marriage and the importance of mental and economic readiness before marriage. In addition, the results of this study can be a reference in formulating divorce prevention policies among young couples.
Waqf Law in the Muslim World: A Study of the Organization and Administration of Waqf in Tunisia Cipto Sembodo; Zainul Arifin; Ahmad Syafii Rahman; Supriati Hardi Rahayu
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.417

Abstract

This research examines Islamic waqf in Tunisia, a topic that is rarely discussed in contemporary studies, especially from a historical and sociological perspective. Most of the existing studies focus more on normative aspects such as the laws, conditions, and pillars of waqf. In contrast, empirical research looking at the historical and sociological aspects of Islamic waqf is limited to local cases. Tunisia, which is known to be liberal in Islamic law reform, especially in the field of family law, rarely has in-depth studies on waqf. The purpose of this study is to analyse the organisation and administration of waqf in Tunisia and its impact on society. The research uses the literature method with a normative juridical approach which is descriptive analytical in nature. The results show that the organisation and administration of waqf in Tunisia are influenced by internal Muslim factors as well as government policies. The government, in particular, has a very dominant influence in the process. There are two main motivations from the ruling party: first, economic motivation that emerged since the French protectorate, which encouraged economic capitalisation; second, political motivation that initially supported certain political processes, but later developed for other political interests, as happened during the time of President Habib Bourguiba. The practice of waqf administration in Tunisia mostly involves administrative reform efforts in the broader context of Islamic law. Although there is no clear form of productive waqf, waqf in Tunisia has evolved in terms of its form and implementation mechanism in a more professional manner.
Upaya Orang Tua Penyandang Disabilitas dalam Membangun Keluarga Sakinah Tambak, Indrasyahputra; Ariyogi, Muhammad Ikhsan; Sembodo, Cipto; Muthmainnah, Muthmainnah; Arifin, Zainul; Rahman, Ahmad Syafii; Firdausi, Fitriana
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 15 No 2 (2025): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v15i2.3067

Abstract

This sociological juridical research aims to reveal how parents of people with disabilities in one area of Yogyakarta city strive to realize the goal of a harmonious, loving, and compassionate marriage within their limitations as a family classified as a pre-sakinah family. Following the legal research, social research was conducted by relying on in-depth interviews with two parents with disabilities and village officials related to family life at the research location. Triangulation was carried out by extending the research period. The results showed that these families have made efforts according to their living conditions to achieve this goal. Although material well-being is still a concern, efforts to bestow affection within the family are an important way to achieve the goal of a harmonious marriage.
Facing Interdisciplinary Research In Syariah Researches, Findings From Applied Falak Sience Santoso, Fattah Setiawan; Muthmainnah, Muthmainnah; Sembodo, Cipto; Subary, Subary; Al Amin, Muhammad Nur Kholis; Baheem, Nur Alfan; Baka, Paseeyah
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 2 No. 2 (2024): Implementation and Dynamics of Islamic Law and Civil Law in Indonesia
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v2i2.487

Abstract

This working paper aims to describe the use of interdisciplinary studies in the application of Sharia, especially Islamic astronomy (Ilmu Falak). The benefit is strengthening holistic insight in applying Islamic astronomy in everyday life. This broadening of insight is assisted by the study of exact sciences which can scientifically impact the accuracy of astronomical calculations. Through a literature review, it can be found that interdisciplinary research in Sharia, especially astronomy in determining the direction of the Qibla, cannot avoid the use of science and technology that is currently developing to strengthen its fiqh norms.
BEYOND HARMONIZATION: CONFLICT RESOLUTION AS A LEGAL BRIDGE OF INDONESIAN ISLAMIC FAMILY LAW REFORM IN KOMPILASI HUKUM ISLAM Sembodo, Cipto; Arifin, Zainul; Rahayu, Supriati Hardi; Syafi’i Rahman, Ahmad; Mochammad Sahid, Mualimin
Indonesian Journal of Shariah and Justice Vol. 5 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v5i2.238

Abstract

This article examines conflict resolution patterns between Islamic law and customary law in the formation of Compilation of Islamic Law (KHI) in Indonesia. KHI constitutes a legal entity and a genuinely reformative bridge within legal pluralism, not mere an object of harmonization, and affirms that such conflicts are not anomalous. Employing a juridical-normative approach and conceptual analysis, the study traces how KHI represents the state’s ijtihad in responding to tensions among sharia norms, customary practices, and Indonesian Muslim society. The findings demonstrate three principal patterns of conflict resolution: (1) normative compromise between classical fiqh and customary practices, giving rise to the distinctly Indonesian concept of wasiat wajibah (mandatory bequest); (2) the adoption of customary institutions aligned with the principles of Islamic law, as the marital joint property showed; (3) adjusting customary norms within a sharia framework, exemplified by the concept of substitute heirs. These patterns underscore methodological and reflective nature of conflict resolution within KHI. KHI emerges as a model of active and productive normative conflict resolution within Indonesia’s legal pluralism. This constitutes a theoretical contribution to contemporary Islamic legal scholarship while proposing a policy-oriented direction for a more inclusive, contextual, and maqāṣid al- sharīʿah-oriented reform of the KHI.