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All Journal Al Furqan: Jurnal Ilmu Al Quran dan Tafsir MUSHAF: Jurnal Tafsir Berwawasan Keindonesiaan Al-Faruq
Mahmudi, Muhammad Aly
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Al-Faruq

 1 
Konsep Murabahah Ibnu Rusyd dan Implementasinya pada Bank Syariah di Indonesia Mahmudi, Muhammad Aly; Masyhadi, Ahmad; Syaputra, Muhammad Alvan
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 1 No. 1 (2022): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v1i1.1029

Abstract

Murabahah are one of the products of Islamic banks. In addition to this concept being similar to credit transactions in conventional banks, this concept becomes dilemmatic when legality is found to be facilitated by the DSN-MUI, which in its consideration also quotes from the work of Ibn Rusyd. Murabahah was identified as having similarities with the credit system in the concept of borrowing for certain purchases with a return of more than the loan called profit or an additional from the initial price in the installment according to the customer's ability which of course is in accordance with the agreement between the bank and the customer. This research seeks to reveal: first, whether the murabahah contract is in accordance with the valid muamalah contract. Second, to reveal the legality of the murabahah contract in the concept of Ibn Rusyd with the reality of its application to Islamic banks in Indonesia. This type of research is library research that uses a descriptive-qualitative method, by collecting library data, reading, and recording and processing research materials. This research resulted in a conclusion: first, the murabahah contract is valid if the goods sold belong to the bank in principle and no element of fraud or loss from one of the parties is found. Second, the concept of Ibnu Rusyd is in accordance with one of the forms of murabahah applied to Islamic banks in Indonesia if the initial price determination of the agreed price is either with additional or not and the implementation of installment payments according to the agreed period and benefits.
Dinamisasi Kajian Fikih: Sebuah Konsep Pendekatan Kontekstualisasi Fikih Sebagai Pemecah Problematika Hukum Islam Mahmudi, Muhammad Aly; Masyhadi, Ahmad; Kholish, Fuad Nur
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 1 No. 2 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v1i2.1444

Abstract

The process of gradation about jurisprudence as islamic law seems to be stagnant and stops at the work of classical scholars who are sacred even this sacredness exceeds that of the nash of the original source texts of the Quran and Hadith in terms of the finished legal products presented. This understanding must be immediately broken so that the fiqh itself is not static so that it is dynamic because the understanding of the madhzhab of fiqh itself is dynamic, but this is not understood because the fanaticism of the madhhab is too deep. This article tries to explain the study of jurisprudence with a set of applications so that jurisprudence continues to exist as a solution to the problems of Islamic law, not hindering the development of Islam which is confused with classical social conditions. Using library research methods and quality research methods as normative legal research in this study concluded; first: The solution of the problem of reviving a time-sensitive jurisprudence; Second: The offer of a study of the dynamism of classical Jurisprudence by sticking to manhaj is not a mere product in the matter of jurisprudence. Keywords: Jurisprudence, Dynamic, Islamic Law
Resolusi Konflik terhadap Penyelesaian Problematika Keluarga Perspektif Hukum Keluarga Islam Mahmudi, Muhammad Aly; Jauhari, Ma'sum; Musthofa, Moh. Aqil; Khuluq, Moh. Sahlul
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 2 No. 1 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v2i1.2570

Abstract

Conflict in a household must occur in the course of the family. In Islam conflict resolution has been accommodated with several discussions. In this study tries to reveal how the form of family conflict resolution in Islam, especially in the realm of nusyūz. This research uses qualitative methods using library research. The results of this study are, First; family conflict in Islamic jurisprudence when there is a neglect of the rights of husband and wife is called nusyūz. Second; the form of nusyūz is not only imposed on the wife but sometimes occurs on the husband who does not perform his obligations. Third; in Islam the breakdown of family relationships is not the last solution, but there are procedures that are used as alternatives so that family relationships do not end up empowering ḥakamain.
Hak Asuh Anak Pasca Perceraian dalam Perspektif Hukum Islam dan Hukum Positif Indonesia Masyhadi, Ahmad; Mahmudi, Muhammad Aly
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 2 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i2.3011

Abstract

Divorce can have a profound impact on the psychology of children, who may feel confusion and uncertainty regarding their family roles and identity. Therefore, in every divorce process, determining child custody is very important to ensure that the child continues to receive attention. Formulation of the problem of this research, What are the provisions for post-divorce child custody according to Islamic law and Indonesian positive law, as well as what are the similarities and differences between the two and what factors are considered by Islamic law and Indonesian positive law in determining post-divorce child custody divorce. This research aims to discuss post-divorce child custody rights from two legal perspectives, namely Islamic law and Indonesian law, as well as explaining the differences and similarities between the two. In addition, this research discusses the factors considered by Islamic law and Indonesian positive law in determining child custody after divorce and how they are implemented in judicial practice in Indonesia. The research approach used is a comparative approach. This research analyzes the differences and similarities in post-divorce child custody rules. Islamic law and Indonesian law have similarities in basic principles, namely the best interests of the child. Both also consider the child's age, the parents' abilities, and the child's welfare as the main factors in determining child custody. However, there are significant differences in legal sources, approaches to the age of the child, the role of the courts, and the influence of religion in determining custody.
Co-Authors Ahmad Rofiq, Ahmad Fithrotin, Fithrotin Imam Yahya Jauhari, Ma'sum Khiyaroh, Intiha’ul Kholish, Fuad Nur Khuluq, Moh. Sahlul Masyhadi, Ahmad Musthofa, Moh. Aqil Syaputra, Muhammad Alvan UMMAH, KHURUL AIMMATUL