Elkhairati, Elkhairati
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Piagam Madinah dan Spiritnya dalam Undang-Undang Dasar (UUD) 1945 Elkhairati Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.676 KB) | DOI: 10.29240/jhi.v4i1.776

Abstract

This paper aims to look at the existence of the Medina Charter in terms of history, content and authenticity and how it is spiritual in the 1945 Constitution. This study takes the form of literature with a content analysis approach. Data collection techniques in this study are carried out by collecting magazines, journals and books and utilizing internet to collect data related to research. This study concludes that the Charter of Medina contains the Islamic Shari'a as a law, is democratic in nature. If observed carefully, it will be seen the spirit of the Medina Constitution in the 1945 Constitution as the basis of the State of Indonesia. The concrete form is reflected in the points of the articles of the 1945 Constitution. This proves that even though the Republic of Indonesia is not an Islamic state, it does not mean that this country ignores Islamic shari'a.
Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah) Elkhairati Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.587 KB) | DOI: 10.29240/jhi.v3i1.403

Abstract

This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).
DINAMIKA KHULUK PERSPEKTIF FIQH DAN PUTUSAN PENGADILAN AGAMA Jurna Petri Roszi; Hamda Sulfinadia; Eli Suryani; Elkhairati Elkhairati; Zidni ‘Ilman Nafi’an
Jurnal AL-AHKAM Vol 13, No 1 (2022)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v13i1.4438

Abstract

This paper discusses the dynamics of khuluk according to fiqh and its implementation in the Religious Courts. Khuluk according to fiqh is a divorce pronounced by a husband with an agreement to pay / iwadh from his wife to her husband due to fears that the wife is unable to carry out the laws of Allah SWT. These concerns can be in the form of the wife not being able to love her husband or the inability of the wife to carry out her obligations as a wife. Meanwhile, khuluk in the Religious Courts is a divorce lawsuit filed by the wife or her legal representative because the husband violates Article 116 of the Compilation of Islamic Law as the reason for the divorce or the husband fulfills the shigat talik talak. This research is a normative-empirical legal research, namely research conducted by examining written regulations and their aspects. This research uses a legislative approach, a conceptual approach, and a comparative approach. The results of this study explain that the divorce lawsuit contained in fiqh, the Compilation of Islamic Law is different from the review of divorce claims with the Marriage Law and PP 9/1975.
Shifting Cafe and Culinary Marketing Strategy in West Sumatra Islamic Business Ethics Perspective Hamda Sulfinadia; Eli Suryani; Jurna Petri Roszi; Elkhairati Elkhairati; Abrian Tanjung
AL-FALAH : Journal of Islamic Economics Vol 7, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alfalah.v7i2.4445

Abstract

Purpose: This paper is to find out the shift in the marketing strategy of cafes and culinary delights in West Sumatra from the perspective of Islamic business ethics. Basically the naming of cafes and culinary in this area uses the names of people, names of plants, describes the comfort of a place, and uses Arabic terms. However, since 2018 the naming of cafes and culinary delights has instead used terms that are unusual and tend to be scary, such as Mie Hell, Mie Power Hell, Mie Lightning, Mie Judes Neraka and the like. It turns out that these cafes and culinary delights are in demand by young people, so they are booming. This gives the impression that hell and lightning becomes the menu of food consumed. However, the behavior of traders has been regulated in Islam which is summarized in Islamic business ethics which includes monotheism, justice, balance, responsibility and freedom.Design/Method/Approach: This study uses a qualitative method with a descriptive analysis approach. This method is used to describe the shift in the marketing strategy of cafes and culinary that has a negative nuance in West Sumatra. The data sources come from culinary producers, consumers, and the management of the MUI West Sumatra. Data processing is done by code data, tell data, identify data and generalize data. All data obtained by using triangulation with data sources. The next step is to analyze the naming of cafes and culinary that are not common in West Sumatra by using the theory of Islamic business ethics and the results of the West Sumatra MUI Coordination Meeting, so as to obtain conclusions.Findings: First, the factors that cause West Sumatran cafe and culinary owners to choose unusual names are: 1. Showing product characteristics, spicy flavors are displayed with scary and unusual names; 2. Tight business competition triggers culinary owners to be creative by giving unique and unusual names; 3. Unique and unusual names in cafes and culinary delights make consumers curious, then visit and buy their products. Second, the perception of consumers and the people of West Sumatra on the unusual naming of cafes and culinary delights can be divided into 3, namely agree, disagree, disagree and uncomfortable with the unusual naming of cafes and culinary, and the name must be exchanged with another name that is more Third, a review of Islamic business ethics on naming cafes and culinary delights that choose names that are not common in West Sumatra can be divided into 2 groups: 1) The terms used are clearly contrary to the Shari'ah, namely hell, devil, devil, dajal; 2) Naming cafes and restaurants that use names related to ethical violations such as: Mie Padeh Maut, Mie Baro, Mie Caruik, Bakso Pentol Maut, Mie Pedas Maut, Spicy Sopan'Stek, Mie Padeh Gilo, Mie Pelakor, Mie Padeh Gilo, Mie Judes, Lightning Noodles, and the like. Mie Tapakiek, and the like. Islamic business ethics that are violated are the principles of monotheism, justice, balance in the world and the hereafter and the principle of accountability.Originality/Values: The main research contribution is related to the marketing strategy of cafes and culinary arts using unusual names in West Sumatra.