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All Journal Jurnal Ilmiah Hukum LEGALITY Sakina: Journal of Family Studies Jurnal SMART (Studi Masyarakat, Religi, dan Tradisi)
Arfan, Iklil Athroz
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The implementation of Maqashid Sharia: heterogeneity of scholars' fatwas towards Islamic banking contracts Arfan, Abbas; Arfan, Iklil Athroz; Alkoli, Abdulrahman; Ramadhita, Ramadhita
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.32170

Abstract

This study aims to analyze the differences in fatwas among scholars in the Middle East and South East Asia (Indonesia and Malaysia) towards various Islamic Banking Contracts products and assess the implementation of maqâshid al-sharia within the variety of fatwas mentioned. This study employed a qualitative approach and fatwas from the Middle East and South East Asia as the primary data, while the secondary data were obtained from books on Muaamalah Fiqh and Islamic Banking. The data were garnered based on a literature review with a content analysis technique. The descriptive-inductive method with a reflective way of thinking is used for data exposure, leading to the following findings: 1) There are differences in fatwas towards three Islamic Banking contracts: a) The determination of the deposit contract in the Middle East is stipulated in a qardh contract in a non-investment account; meanwhile, in South East Asia it is stipulated in a wadiah contract; b) in terms of Murâbahah contract, some of the Middle East scholars forbid it, while, some of South East Asian scholars and few scholars from Middle East allow it, and; c) in terms of the al-Ijarah al-muntahiyyah bi al-tamlik, most of Middle East Scholars forbid it, but South East Asian scholars allow it; 2) The implementation of maqâshid sharia within differences of fatwas among scholars has been appropriately implemented in accordance with Islamic law specified under contracts in Islamic banking products in Muslim countries.
Ulama Pesantren dan Upaya Penanggulangan Radikalisme di Indonesia Rosidin, Rosidin; Arfan, Iklil Athroz
Jurnal SMART (Studi Masyarakat, Religi, dan Tradisi) Vol 10, No 2 (2024): Jurnal SMaRT : Studi Masyarakat, Religi, dan Tradisi
Publisher : Balai Penelitian dan Pengembangan Agama Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18784/smart.v10i2.2510

Abstract

The concepts of jihad, heresy, and Khilafah, as interpreted by transnational radical groups, have contributed to many conflicts in Indonesia. The objective of this article is to provide an in-depth examination of the strategies employed by the eight Rais Aam Syuriah and four General Chairmen of the Nahdlatul Ulama (PBNU) in countering radicalism in Indonesia. This article employs a qualitative approach and a literature review methodology. The article presents three findings. Firstly, the process of deradicalization through an intellectual approach is achieved through an understanding of religious knowledge from authoritative Islamic scholars, verified literature, and complex methods of legal extraction. This is employed to produce contextual legal fatwas, which serve as a solution to the textual legal fatwas of radical groups. Secondly, deradicalization through a cultural approach is conducted continuously to harmonize religion and culture through various approaches. The cultural approach represents a solution to the cultural resistance exhibited by radical groups. Thirdly, deradicalization through a constitutional approach is directed at educating for nationalism, Pancasila, the trilogy of brotherhood, and a critical review of the 1945 Constitution and its derivatives. The constitutional approach represents a solution to the radical movement that seeks to alter the fundamental tenets of the four pillars of nationalism in favor of their ideological framework.
Loopholes in Law: Why Local Strategies Fail to Curb Child Marriage in Jember Regency Muslifah, siti; Rosyid, Muhammad Aenur; Arfan, Iklil Athroz
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.18220

Abstract

In the last three years, the rate of early marriage in Jember Regency has been quite high, and in 2023 it ranked first in East Java. Raising the minimum age limit for prospective female brides has not been able to reduce child marriage rates because it can still be circumvented through dispensation applications. Therefore, synergy between relevant stakeholders is needed, especially the role of the Jember Regency government in reducing early marriage to create a child-friendly Jember Regency. The purpose of this research is to understand community perceptions of the high rate of early marriage in Jember Regency, analyze government efforts to prevent early marriage, and measure the legal effectiveness of the implemented measures. This research uses qualitative methods with a sociological juridical approach. The results of this research are as follows. First, according to community perceptions, the high rate of early marriage in Jember Regency is influenced by several factors such as parents' economic problems, low education levels, arranged marriage culture leading to early marriage, parents' culture of indebtedness to their helpers, engagement customs conducted simultaneously with unregistered (sirri) marriage ceremonies, parents' concerns about their daughters being stigmatized as unmarriageable, pregnancy outside marriage, and misinterpretation of religious teachings. Second, Jember Regency Government's efforts to reduce early marriage rates through Circular Letter Number 474/196/35.09.317/2024 concerning dispensation application services. Third, from the perspective of legal effectiveness theory, the Jember Regency government's efforts to reduce early marriage rates have not been effective because the Jember Regency government only issues a Regent's Circular Letter regulating administrative requirements for marriage dispensation applications, which has a weak legal position and is easily circumvented by the community.
Co-Authors Abbas Arfan Alkoli, Abdulrahman Ramadhita Ramadhita, Ramadhita Rosidin Rosidin Rosyid, Muhammad Aenur Siti Muslifah, Siti