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All Journal At-Tahdzib: Jurnal Studi Islam dan Muamalah VRISPRAAK, International Journal of Law
Misbahul Munir
Sekolah Tinggi Agama Islam At-Tahdzib Jombang
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Efektivitas Pelaksanaan KHI Tentang Ikrar Talak Di Depan Pengadilan: (Studi Multi Kasus Ulama Salafiyah Cukir) Misbahul Munir
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 8 No 2 (2020): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Basically, the right to drop the divorce is in the hands of the husband, but as the leader of the husband's household it is not justified to commit violence against the wife, especially in terms of the wife's mentality because according to Islamic Fiqh, if the husband has dropped the word talak against the wife, it is said that he has fallen divorce. In this study, the authors took the formulation of the problem, namely: How is the Islamic concept of talak pledge, what is the concept of KHI about the talak pledge and how is the view of the Cukir ulama about the application of the talak pledge in front of the religious court. in front of a religious court or outside a religious court hearing, as well as their opinion on the imposition of divorce according to KHI. In order for this research to run in accordance with the objectives expected by the researcher, in this study the researcher used a qualitative approach with the type of field research research. Based on the available data, it can be analyzed that the Cukir ulama still adhere to classical fiqh, they do not agree with the obligation to pledge divorce in front of a religious court, they argue that divorce can fall anywhere without having to be in front of a religious court. The conclusion of this research is that according to the ulama Cukir talak it can fall anywhere, they take this opinion based on the alquran, classical fiqh, as well as their thoughts, experiences and knowledge.
Maqashid al-Shariah as the Foundational Framework for Strengthening Islamic Economic Regulation in Indonesia Munir, Misbachul
VRISPRAAK : International Journal of Law Vol. 9 No. 2 (2025): September 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vy6acp19

Abstract

Abstract: The development of Islamic economics in Indonesia requires regulatory reinforcement that transcends formal legality and embodies the substantive values of Islamic law. Maqashid al-Shariah, with its five essential objectives protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal) offers an ideal paradigm for achieving maslahah (public welfare) within the Islamic economic system. This study aims to analyze the implementation of Maqashid al-Shariah principles in Indonesia’s Islamic economic regulations, while identifying key challenges and opportunities for integration. Employing a qualitative library research design, this study draws on both primary sources (laws, OJK and BI regulations, DSN-MUI fatwas) and secondary sources (books and peer-reviewed journal articles). Data were analyzed using content analysis to assess the extent to which current regulations reflect maqashid principles. The findings reveal that although Indonesia’s Islamic economic regulations have partially adopted maqashid values particularly in Shariah compliance (hifz al-din) and wealth protection (hifz al-mal) their implementation remains suboptimal. Major obstacles include regulatory fragmentation, limited financial literacy (hifz al-‘aql), and the dualism between secular and religious legal systems. Despite these challenges, the study highlights significant opportunities for reform, particularly through the establishment of a Comprehensive Islamic Economic Framework Law explicitly grounded in Maqashid al-Shariah. The research concludes that a more substantive, maqashid-based integration beyond formal legalism can revitalize Indonesia’s Islamic economic system toward inclusive, just, and sustainable growth aligned with global ethical finance trends.
Integration of Islamic Finance and Green Economy in Realizing Sustainable Finance in Indonesia Munir, Misbachul
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 13 No 2 (2025): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/hjpxf164

Abstract

Background. Integrasi keuangan syariah dan ekonomi hijau menjadi isu strategis dalam upaya mewujudkan keuangan berkelanjutan di Indonesia, seiring dengan meningkatnya kebutuhan pembiayaan untuk transisi menuju pembangunan rendah karbon. Aim. This study aims to analyze the role, challenges, and opportunities of Islamic financial integration in supporting the implementation of a green economy in Indonesia, particularly in the context of national policies and the development of the Islamic financial industry. Method. This study employed a descriptive qualitative approach with library research. Data were obtained from secondary sources, including scientific books, accredited journal articles, policy documents, and official reports from national and international institutions such as the Financial Services Authority, Bank Indonesia, the Ministry of Finance, and the Global Green Growth Institute. Data analysis was conducted using content analysis techniques to identify the alignment between Islamic finance principles, green economy objectives, and the applicable regulatory framework. Result. The research findings demonstrate that Islamic finance aligns normatively with green economic principles, particularly in terms of fairness, sustainability, and orientation toward the real sector. Instruments such as green sukuk, profit-sharing financing, and Islamic fintech have significant potential to support inclusive green financing. However, this integration still faces various challenges, including limited green financial literacy, the lack of standardized Sharia-based ESG indicators, and the national economy's dependence on fossil fuels. This research recommends strengthening regulations, innovating green Islamic financial products, and utilizing digital technology as key strategies to accelerate Islamic finance's contribution to green economic development in Indonesia.
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