Alfan Syafi'i
Sekolah Tinggi Ilmu Syariah Husnul Khotimah (STISHK) Kuningan

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Maqashid Sharia Analysis of Change From Customers for Donation: a Case Study in Fajar Toserba, Jalaksana District Alfan Syafi'i; Ega Kusuma Dewi
Jurnal Ekonomi dan Perbankan Syariah Vol 9, No 2 (2021): Journal of Islamic Economics and Banking
Publisher : Sekolah Tinggi Ekonomi Islam (STEI) SEBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46899/jeps.v9i2.279

Abstract

The Qur'an and Islamic legal literature do not mention the word Islamic law as one of the terms in the Qur'an is the word syarî'ah, fiqh, Allah's law, and the same root with it. The term Islamic law is a translation of Islamic Law in western literature. If traced to its roots, then the meaning of Islamic law is "control or bridle of the horse", what is meant here is that in essence the law exists to regulate people who are subject to the law itself. Other meanings derived from the root word hakama include preventing injustice, preventing tyranny, preventing persecution, and rejecting other mafsadat. The research on Maqashid Syariah analysis of the ask foral of change for donations (a case study in Fajar Toserba, Jalaksana District) aims to understand how the practice of asking for change for donations is, how the distribution of these donations when they have been collected, and how Muqashid Syariah analyzes the practice of asking for change for donations. donation. This study uses a descriptive qualitative method because it describes the data in the form of a written description. Types and sources of data in this study using primary and secondary data. Data collection techniques through interviews and observations. The results of this study are on the ask foral of change for donations at Fajar Toserba Jalaksana when buying and selling transactions. As for the practice, when buying and selling at Fajar occurs, if there is odd nominal money, it is directly distributed to the social fund in the payment receipt. Maqashid Sharia analysis on this matter can be concluded that the five main points or al-mabaadi 'al-khamsyah have been fulfilled. customers for change for donations and distributing the donation money have fulfilled the purpose of Islamic law itself, namely Maqashi Syariah. Although there are elements that should not be done, in this case, the benefits are greater.
Penolakan Hakim Atas Permohonan Cerai Talak Suami yang Istrinya Selingkuh dalam Tinjauan Hukum Islam Amaliyah Permata Sari; Alfan Syafi'i
El 'Ailaah Vol 5 No 2 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i2.366

Abstract

Divorce (ṭalāq) is a husband’s prerogative right, and in Indonesia, its execution must be carried out through the Religious Court. In this case, the husband filed for divorce due to his wife’s infidelity, which had caused prolonged conflict. However, the judge rejected the husband’s divorce petition. In fact, divorce on the grounds of adultery that prevents the realization of marital objectives is permitted under Article 116 of the Compilation of Islamic Law (KHI). This study aims to examine the judge’s considerations in rejecting the husband’s divorce petition and to analyze these considerations from the perspective of Islamic law. The research method applied is qualitative, combining field research through interviews with the registrar of the Sumber Religious Court and library research, including classical and contemporary fiqh texts, journal articles, and court rulings. Data collection techniques consisted of semi-structured interviews and documentation. The collected data were then reduced, presented, and concluded using descriptive analysis. The findings show that the judge’s reason for rejecting the husband’s divorce petition was that the witnesses presented were classified as de auditu witnesses, namely those who only heard from the petitioner and were not materially valid. From the perspective of Islamic law, de auditu testimony does not comply with the standard of evidence in Islam, namely bayyinah. Testimony (shahādah) must be able to clearly establish the truth in order to avoid doubt. Therefore, the judge’s consideration in rejecting the husband’s divorce petition was in accordance with Islamic law.