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The Concept of Islamic Economic Fiqh in Mu’amalah Perspective Efendi, Faisal; Candra, Afrikal; Mardianton, Mardianton; Fauzi, M.; Ilham, Elgi Muhammad; Sumarni, Ira
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Islamic Economic Fiqh is an important foundation for understanding and applying economic principles in Islam, with a special focus on muamalah or daily life transactions. This discussion aims to find out the concept of Islamic economic jurisprudence from several experts and also aims to find out what is the scope of the discussion of Islamic economic jurisprudence (Fiqh Iqtishad). Islamic economic jurisprudence is knowledge about activities or transactions based on Sharia law and about human behavior in their lives obtained from detailed Islamic postulates. The scope of Islamic economic jurisprudence is all human economic activities based on Islamic law in the form of regulations containing commands or prohibitions such as obligatory, sunnah, haram, makruh, and permissible. In general, the scope of Islamic economics includes economic aspects, including Syirkah and mudharabah, murabahah, khiyar, istisna, ijarah, salam, kafalah, hawalah, and others. However, the aspect of cooperation that is most often carried out is profit sharing, namely Syirkah, and mudharabah. Fiqh law consists of legal laws regarding matters of worship about the vertical relationship between humans and Rabb and human relationships with other humans.
The Effectiveness of Fiqh Rules on Law Number 16 of 2019 Hertasmaldi, Hertasmaldi; Sulfinadia, Hamda; Mardianto, Mardianto; Abdul Razak, Dudung; Efendi, Faisal
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Legal certainty must be present in a law or regulation. Without legal certainty, the rights of legal subjects will be violated and neglected. Similarly, without legal certainty, legal subjects will feel anxious and insecure because they feel that the law does not protect them. Law Number 16 of 2019 concerning Amendments to Law Law No. 1 of 1974 is considered to lack legal certainty and clarity, as the determination of the marriage age limit in that law is based solely on Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection. This type of research is library research. Library research is a series of activities related to the methods of collecting library data, reading and recording, and processing research materials. Law No. 16 of 2019 still allows Indonesian society to engage in child marriage under the legal age. This law must be considered from various legal perspectives and have clear legal consequences, so a comprehensive revision of this law is necessary. Even if possible, Law No. 1 of 1974 should be reviewed and adjusted to the legal issues that exist now and in the future. By applying the concept of public interest and rejecting harm in a law or regulation, the objectives of that law or regulation will be achieved and become effective.
Inheritance Relationship Between Children Born Out of Wedlock and Their Biological Fathers Putri, Sonita Rifa Rahayu; Efendi, Faisal; Razak, Dudung Abdul; Syaputra, M. Zikri; Candra, Afrikal
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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The aim of this research is to analyze the Constitutional Court Decision Number 46/PUU VIII/2010 concerning Review of Law Number 1 of 1974 on inheritance rights between illegitimate children and their biological father. The research method used is qualitative research with a descriptive approach and a normative juridical perspective. The research results show that factors that allow someone to receive an inheritance include marital relations, kinship relations, and the emancipation of slaves. Legal considerations in Constitutional Court Decision Number 46 concerning Review of Law Number 1 of 1974 state that illegitimate children have a civil relationship with their mother and family, as well as with a man who is known to be their father based on science. Proof or other valid evidence that establishes the existence of blood relations, including civil relations with the father's family. Meanwhile, analysis of the Constitutional Court Decision Number 46 concerning Review of Law Number 1 of 1974 which is strengthened by Article 43 paragraph 1 of the Marriage Law confirms that a child's relationship with a man as his father is not solely based on the existence of a marriage bond. but it can also be based on evidence of a blood relationship between the child and the man identified as the father.
Effectiveness of Premarital Counseling Implementation for Prospective Brides and Grooms at the Office of Religious Affairs Fuqoha, Wahyu Saydul; Efendi, Faisal; Yusrial, Yusrial
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 2 (2025): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

The increasing number of divorce cases in Ranah Pesisir District indicates that many couples lack adequate readiness and maturity in building a household. This suggests that the implementation of premarital counseling at the Office of Religious Affairs in Ranah Pesisir District has not been fully effective or optimal, as regulated by the Director General of Islamic Community Guidance Decree No. 379 of 2018 concerning the guidelines for premarital counseling. This study employs a field research method with a qualitative approach. The data sources include primary data obtained through interviews with the Head of the Office of Religious Affairs in Ranah Pesisir District and prospective brides and grooms who have participated in premarital counseling, as well as secondary data from theses, journals, and books discussing premarital counseling. The findings of this study are as follows: First, premarital counseling is highly important and urgent to be implemented optimally, as it has a significant impact on the preparedness of couples entering married life. Second, the implementation of the premarital counseling program at the Office of Religious Affairs in Ranah Pesisir District has generally provided benefits to prospective couples, although it has not yet fully complied with the regulations outlined in the Director General’s Decree No. 379 of 2018. Third, based on the analysis of five effectiveness indicators, the implementation of the premarital counseling program at the Office of Religious Affairs in Ranah Pesisir District is considered fairly good, but not yet fully effective according to the applicable regulatory standards.
Analisis Akuntabilitas dan Pengelolaan Keuangan Masjid Melalui Pendekatan Fenomenologi Studi Komparatif Mardianton, Mardianton; Suwita, Hanifa; Sumarni, Ira; Efendi, Faisal
Al-bank: Journal of Islamic Banking and Finance Vol 3 No 1 (2023): January - June 2023
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/ab.v3i1.7976

Abstract

This research aims to compare patterns of accountability and financial management of the Mosque through a comparative study phenomenological approach. Type of field research with a qualitative descriptive approach. The analysis technique uses comparative study phenomenology. The results of the study, Al-Mashun Grand Mosque and Medan Great Mosque have not fully implemented the accountability of their financial management, although they do not have a written SOP, but the implementation of management activities follows the laws and traditions of the previous mosque management. The Great Mosque's financial statements are audited by a public accountant every 2 months, while the Al-Mashun Grand Mosque's financial statements have never been audited, but the fairness of the report can be evaluated by Jama'ah exclusively. there is a separation of functions in the Mosque's cash expenditure which is kept in a bank account. The financial management of the Mosque has been transparent with the accessibility of the Mosque report by the Jama'ah.