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. 
Pemikiran Ibrahim Hosen Tentang Konsep Pernikahan dan Kontribusinya Terhadap Pembaruan Hukum Perkawinan di Indonesia Widya Sari; Muhammad Arif; Elkhairati Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.512 KB) | DOI: 10.29240/jhi.v6i1.2540

Abstract

This paper aims to examine Ibrahim Hosen's thoughts on the meaning and purpose of marriage and his contribution to the reform of marriage law in Indonesia. How Ibrahim Hosen's thinking about marriage is limited to the definition and purpose of marriage, how various thoughts exist and how the contribution of Ibrahim Hosen's thoughts to reforming marriage law in Indonesia is the problem of this research. This is a library research. The data analysis method used is content analysis. As a result, the definition of ownership in the marriage contract according to Ibrahim Hosen is not a contract to have a wife's body, making a wife an object by the husband. However, the right of ownership in the definition of marriage means the right to have the use of the husband against the wife, in addition to the haram husband who feels the pleasure of the wife. Based on this, it can be concluded that there is no patriarchal element in the definition of marriage as explained by the fiqh scholars. Ibrahim Hosen explained that marriage in Islam aims to build a prosperous household full of sakinah, mawaddah, and mercy. Therefore, linking the husband's obligation to provide for his wife with tamkin is clearly not right, because it seems as if the purpose of marriage is just a matter of sex. This thinking must be corrected by conducting a review, because the obligation to provide a living takes effect after the marriage contract occurs. Therefore, the provisions of Article 80 paragraph [5] KHI related to the relationship between husband and wife and tamkin, need to be revised.
Transformation and Future Challenges of Islamic Law in Indonesia A. Malthuf Siroj; Ismail Marzuki; Elkhairati Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6618

Abstract

This study aims to investigate the transformation of Islamic law starting from pre-entry of Islam to Indonesia, entry of Islam, colonialism, and independence to current reformation in Indonesia, as well as various challenges to the formalization of Islamic law. The method used was a qualitative method with the type of library research namely by researching and reviewing legal materials that include primary legal materials, secondary legal materials, and tertiary legal materials that relevant to the object of this research. The results show that pre-entry of Islam to Indonesia, the applicable law was adat law, then since the entry of Islam into Indonesia, Islamic law has been well accepted and implemented by the community, and even its existence has gained legitimacy from both legal experts and the Dutch government. After Indonesia's independence, especially during the Old Order era, Islamic law did not transform significantly. During the New Order after such party collapsed, Islamic law began to transform significantly. Although since the reform period, Islamic law has transformed significantly, the challenges of Islamic law are serious, both internal and external. The most dominant internal challenges among are not fully codified Islamic law, Indonesian pluralistic condition, politics of the rulers' law, misconceptions of some legal experts about Islamic law, and other. Meanwhile, external challenges include influence of transnational ideologies which give a negative stigma against Islam, the development of Western ideologies that clash with Islamic law and the human rights, and strong influence of the domination of Western law in Indonesia.
Professionalism and Religiosity: A Thematic Interpretation Study on Muslim Workers in Indonesia Elkhairati Elkhairati; Arsal Arsal; Maizul Imran
AJIS: Academic Journal of Islamic Studies Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v9i1.10002

Abstract

The work challenges of developed countries, such as; (Indonesia) are characterised by the demands of professionalism in fierce work competition. There is a need for a new approach to the terminology of Quran-based professionalism to give maximum results to Muslims who reflect religious aspects. This research aims to understand the interpretation of the Quranic verses related to work professionalism and elaborate its meaning and to find out the opportunities for Quran-based work professionalism terminology to be applied to work demands in the modern era. The research method uses literature study with a qualitative-descriptive approach through thematic interpretation model. The results of the study found; that the terminology of professionalism can be combined with `ahsanu 'amalan and `atqana in the verse which indicates grade and quality in accordance with the field of expertise accompanied by aspects of piety. Known professionalism can be developed into religious-professionalism. It is undeniable that the modern world requires workers to adapt to the changes of the industrial revolution 4.0. The aspect of religiosity is really likely to improve the quality of international work professionalism.