Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI)
Magfirah, Khofifah
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Implikasi Garar dan Maisir di Hukum Islam Magfirah, Khofifah
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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

Abstract

This article examines the application of Islamic law's prohibition on gharar (uncertainty) and maisir (gambling) in contemporary economic transactions. The prohibition of these two elements in Islam is a form of self-protection based on the principles of sharia (maqasid sharia), particularly in protecting property (hifzhul mal) and preventing economic exploitation and injustice in trade. This article uses a qualitative approach based on library research of primary and secondary sources in Islamic jurisprudence (fiqh) of muamalah. The results of this research indicate that gharar and maisir have clear definitions, standards, and levels in classical muamalah jurisprudence. In contemporary practice, conventional insurance systems and social insurance programs such as BPJS Kesehatan (Social Security Agency) contain elements of gharar and maisir, which are considered intelligent and offer benefits. Under Islamic law, a contract or agreement containing these elements is considered fasid and invalid. This prohibition is due to the potential harm to one of the parties and does not reflect the values of justice and mutual consent (antaradin) in the transaction. Therefore, reformulation of the economic system in accordance with Islamic law must be carried out immediately to ensure that Muslim transactions do not involve prohibited practices and remain within the corridor of Islamic law.
Bankruptcy and the Concept of Hiwalah (Debt Transfer) in Islamic Economic Law Magfirah, Khofifah; Fuziyah, Annisa; Sapa, Nasrullah Bin; H, Darmawati
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18136753

Abstract

This study examines the concepts of bankruptcy (al-Ifl?s) and ?iw?lah from the perspective of Islamic economic law. Bankruptcy has become an important issue in modern economic activities when an individual or institution is unable to fulfill its financial obligations, while hiwalah is an instrument in fiqh muamalah that can serve as a solution for debt transfer. The research employs a normative-juridical approach by analyzing evidences from the Qur’an, Hadith, as well as the views of classical and contemporary scholars. The findings show that Islam regulates bankruptcy based on principles of justice and protection for weaker parties without causing injustice to creditors. Meanwhile, huwalah is a sharia-compliant instrument that can be used to lawfully transfer debt obligations under Islamic law while also reducing risk in financial transactions. The implications of this study affirm that the concepts of bankruptcy and hiwalah in Islamic law are not merely classical doctrines but have strong relevance within the modern Islamic economic legal system, including Islamic banking and financial institutions.
Legitimasi Normatif dan Kerangka Yuridis Sanksi Hakim Pelanggar Etika dalam Sistem Peradilan Indonesia Magfirah, Khofifah; Talli, Abdullah; Mustafa, Zuhasari
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18376341

Abstract

Judges play a central role in upholding justice and maintaining the integrity of the judiciary. However, various cases of ethical and legal violations indicate that not all judges carry out this mandate optimally. This study aims to explain the normative and juridical foundations for imposing sanctions on judges who violate the law, analyze the regulation of judicial codes of ethics within the Indonesian legal system, and assess the implications of ethical violations on public trust. This research employs a normative legal method through a juridical-normative approach by examining literature on fiqh al-qadha (the Qur’an, Hadith, and classical fiqh texts), statutory regulations, and judicial codes of ethics. The analysis is conducted qualitatively by interpreting legal norms and principles of judicial ethics. The findings show that fiqh al-qadha emphasizes the obligation of judges to uphold justice and prohibits decisions influenced by personal interests, providing a strong normative basis for imposing sanctions for ethical violations. From a legal perspective, sanctions against judges are regulated in the Law on Judicial Power, the Code of Ethics and Code of Conduct for Judges (KEPPH), as well as joint regulations between the Supreme Court and the Judicial Commission, which provide for sanctions ranging from light to severe. This study also concludes that ethical violations have a direct impact on declining public trust, undermine the legitimacy of the courts, and threaten social stability. Therefore, the enforcement of codes of ethics and sanctions is an essential instrument in maintaining the integrity of judicial institutions.
Co-Authors Darmawati H, Darmawati Fuziyah, Annisa Mustafa, Zuhasari Sapa, Nasrullah Bin Talli, Abdullah