Ahkam: Jurnal Hukum Islam
AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan mu’amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.
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<![CDATA[FILANTROPI ISLAM SEBAGAI PEMBERDAYAAN EKONOMI PEMBANGUNAN (Model Pemberdayaan ZISWAF untuk 100 Usaha di Kabupaten Pamekasan) ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.45-66
<![CDATA[ABSTRAK This study aims to determine the potential of philanthropic funds in economic development empowerment, as well as the distribution mechanism for 100 businesses in Pamekasan Regency in realizing the people's economy to a better level. Islamic philanthropy which consists of Zakat, Infaq, Sadaqah, and Waqf is the obligation of the people to contribute in the form of material to those who are entitled to receive it on the basis of divine values. However, the benefits of this philanthropic fund are still not optimal in improving the economy. It is proven that the distributed funds have not been managed for productive (business) activities. The method in this research is conceptual research using secondary data obtained from literature and documentaries that have been processed through a qualitative descriptive approach. The results showed that the mechanism for empowering philanthropic funds in the development economy for 100 businesses in Pamekasan Regency, by providing capital or financing as well as entrepreneurship education (entrepreneurship) with models in the form of mentoring, coaching, and training by the cooperative office. This empowerment projection has the potential to achieve the benefit of the people of the world and the hereafter. The conclusion obtained shows that philanthropy empowerment can escalate economic development, encourage regional-scale growth for 100 businesses in Pamekasan Regency.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP TRADING BITCOIN ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.31-44
<![CDATA[The study of Islamic law on bitcoin trading has a high urgency, considering that crypto asset trading is increasing in Indonesia from year to year. One of them is the high level of bitcoin trading. The purpose of this study is to examine Bitcoin transactions in the perspective of Islamic Law. This type of research is a type of library research with a normative legal approach. This research analysis uses descriptive analysis. The results of the research in this problem, according to the view of Islamic law, bitcoin transactions are prohibited because bitcoin buying and selling is said to be ghairu sahih buying and selling which is categorized as invalid because the sale and purchase does not meet the conditions for the validity of buying and selling on the object of the goods (sil'ah). Bitcoin contains elements of gharar, maysir, and dharar as the object of sale and purchase, so it does not fulfill the pillars of sale and purchase, so the law of bitcoin trading is invalid and violates the provisions of Islamic law.]]>
<![CDATA[CHILDFREE PERSPEKTIF HAK ASASI MANUSIA DAN MAQASID SYARI’AH JAMALUDDIN ‘ATHIYYAH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.67-90
<![CDATA[This article examines the phenomenon of childfree from the perspectives of human rights (HR) and Maqasid Shariah. Childfree refers to the decision made by individuals or couples to remain without children, despite having the ability to conceive. This phenomenon remains controversial in society, as it is seen as contradicting human nature, religion, and cultural values. However, within the framework of human rights, every individual has the right to make decisions regarding their own reproduction, including the choice to not have children. This article analyzes the religious viewpoints, particularly in Islam, on childfree and aligns them with the principles of human rights that recognize individual equality and freedom. Additionally, the Maqasid Shariah perspective of Jamaluddin 'Athiyyah is employed to explore the sustainability of offspring as a protected right. Through a normative approach, this article discusses the implications of childfree in the contexts of human rights and Maqasid Shariah and argues that childfree individuals should be treated fairly and equally without discrimination. This research utilizes a literature review method, collecting qualitative data from relevant secondary sources. The findings and discussions of this article aim to provide a deeper understanding of the childfree phenomenon from the perspectives of human rights and Maqasid Shariah, as well as contribute to advocating for the recognition of individual rights in making decisions about their own reproduction.]]>
<![CDATA[TINJAUAN MAṢLAḤAH TERHADAP PERLINDUNGAN HUKUM BAGI ANAK YANG BEKERJA DI INDONESIA ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.1-30
<![CDATA[Labor law still allows children to work with certain restrictions. The existence of working children needs legal protection so that children's rights can still be fulfilled and protected by the State. On the other hand, Islamic law highly upholds and protects children's rights according to the principles of maqashid sharia. The author views that there is a problem between the legal protection and the theory of mashlahah. Therefore, the author tries to find out how far labor law protects children who work in Indonesia and sees this legal protection from the perspective of mashlahah. This research method is normative legal research with a statutory and conceptual approach, which examines secondary data in the form of related laws, concepts and theories. The results of the study show that legal protection for working children in Indonesia includes restrictions on minimum age, working hours, safety and health protection, wages, and limitations on work involving children. The existence of legal protection for working children in Indonesia is included in the mashlahah mulghoh category. Its application is more harmful than giving mashlahah to children. Even though the existence of mashlahah is contrary to syara', the existence of legal protection rules for working children in Indonesia is still needed because working children are still found in society.]]>
<![CDATA[CASH WAQF LINKED SUKUK (CWLS) DALAM PESPEKTIF MASLAHAH MURSALAH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.133-150
<![CDATA[Cash Waqf Linked Sukuk (CWLS) was born because of the demands of modern times that require everything to be easy, practical and simple. However, behind all the conveniences provided by cash waqf, there is still a fundamental problem, namely the issue of legal legality. The legal status of cash waqf is viewed from the perspective of maslahah mursalah. This research belongs to the category of literature research, while in analyzing the data obtained, the researcher uses a prescriptive analysis approach. The data collection technique used is documentation technique. Cash waqf has been considered valid, because the conditions for maslahah haqiqi (maslahah that are actually realized in real terms in the field), maslahah ammah (maslahah that are general in nature are not only enjoyed by a certain person or group of people), maslahah mulaman bi syar'i (maslahah that is in harmony with and T does not conflict with the Shari'ah) has been fulfilled in cash waqf. So that the legal status of cash waqf is halal. Moreover, the requirements of al habsu ma‟a baqo aynihi (holding goods without losing their essence) also remain in cash waqf.]]>
<![CDATA[ANALISIS HUKUM CRYTOCURRENCY KAJIAN FIKIH DAN FATWA-FATWA DI LUAR NEGERI ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.151-168
<![CDATA[Cryptocurrency is the first application of Blockchain technology, but the potential of this technology is not limited to the monetary system and its widespread adoption is still a topic of debate around the world which causes many countries are investigating this cryptocurrency. Here the author attempts to assess crypto assets based on studies and fiqh fatwas abroad. In this study the authors use normative legal research, normative legal research is intended to provide legal arguments as a basis for determining whether an event is right or wrong. To analyze existing theories, this study uses a conceptual approach to analyze existing theories so that solutions to legal problems can be found. The results in this study are that there are two thoughts, the first school of thought argues that cryptocurrencies can be used for payments, remittances, and deposit assets as long as users know in detail the types of cryptocurrencies, their main characteristics and the risks associated with them. Due to the lack of a clear legal framework for digital currencies and the substantial harm involved for individuals and countries, second opinions are prohibited in the eyes of the Shari'ah due to the excessive risk to individuals, countries and the absence of a clear legal umbrella regarding these cryptocurrencies.]]>
<![CDATA[KEUNGGULAN DAN MANFAAT SERTIFIKASI LOGO HALAL PRODUK KOSMETIK ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.91-108
<![CDATA[The background of the problem with globalization, free trade and the Asian Economic Community (AEC) has led to an increase in the circulation of cosmetic products in Indonesian society. Indonesia is a country with the largest Muslim population in the world. In Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia it is stated that "The state guarantees every resident to embrace their religion according to their beliefs". The problem formulation of this paper is what are the advantages and benefits of a halal logo certificate for cosmetic products traded in the community. The purpose of writing is to find out the advantages and benefits of a halal logo certificate on cosmetic products traded in society. The research method used in writing is library research in the form of secondary data using primary legal materials, secondary materials and tertiary materials. The conclusion of this paper is to Obtain the Advantages and Benefits of Halal Logo Certification for Cosmetic Products. LPPOM MUI forms an auditor team to conduct an audit during the production process and audit results are submitted to the MUI Fatwa Commission to obtain a halal determination and the MUI issues a halal certificate. non-halal products.]]>
<![CDATA[JARIMAH BAGI PELAKU TINDAK PIDANA LINGKUNGAN HIDUP PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.109-132
<![CDATA[Lately in Indonesia there have been frequent natural disasters such as landslides. One of the causes of natural disasters is due to human actions that use nature carelessly, where humans in managing nature do not pay attention to ecosystems in a comprehensive and well-planned manner. Allah SWT has provided provisions that humans are encouraged to always take care of their environment as well as possible so that it remains sustainable. Human behavior that does not have a sense of responsibility and always causes damage to nature must certainly be punished accordingly (jarimah) for their actions. This paper aims to describe the exact form of jarimah imposed on the perpetrators of environmental destruction. Environmental destruction can be categorized as a criminal act. The purpose of imposing a finger on the perpetrators of environmental destruction is so that the perpetrators are wary of what they have done. The forms of jarimah are very diverse, therefore it is necessary to have an appropriate analysis in giving jarimah to perpetrators of environmental crimes.]]>
<![CDATA[PERAN FATWA DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.169-182
<![CDATA[This study aims to determine the Role of Fatwas in Forming Legislation in Indonesia. This research is a library research with a normative and conceptual theology approach. The results of this research show that the ulema's fatwa is the result of a configuration of Islamic law formulations. The fatwa is the result of the ijtihad of a mufti who is related to the issues or problems presented to him. The fatwa of the Ulama is usually an appeal from a group of Ulama and sometimes it is an appeal from certain Ulama to the general public or certain communities. The results of Islamic scholars' fatwas in Indonesia, nationally, are set forth in the form of MUI (Indonesian Ulema Council) fatwas. History since the founding of the MUI until now, there have been many MUI fatwas and advice as products of Islamic legal thought absorbed in various laws and regulations.]]>
<![CDATA[PRAKTIK JUAL BELI PRICE FIXING PADA KEGIATAN CAR FREE DAY (CFD) TULUNGAGUNG DI TINJAU DARI UU NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT SERTA HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Mardhani, Yusuf]]>;
<![CDATA[Fadilah, Zulfa Zahratul]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023) ]]>
Publisher : <![CDATA[UIN Sayyid Ali Rahmatullah Tulungagung ]]>
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DOI: 10.21274/ahkam.2023.11.1.1-11
<![CDATA[This research is motivated by the existence of CFD activities as a government effort in maintaining environmental quality and developing MSMEs. The large number of traders at CFD activities and the large number of visitors is an opportunity to increase sales for MSMEs. Therefore, it is necessary to study in depth whether the practice of buying and selling price fixing at the Tulungagung Car Free Day (CFD) activity is in accordance with the rules when viewed from Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and Sharia Economic Law. The objectives of this study are (1) to determine the implementation of the practice of buying and selling price fixing carried out by MSMEs in the CFD Sunday Morning activity in Tulungagung reviewed from Law. No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. (2) to determine the implementation of the practice of buying and selling price fixing carried out by MSMEs in the CFD Sunday Morning activity in Tulungagung reviewed from Sharia Economic Law. This research method uses an empirical qualitative approach, namely a research method that uses field data as the main data source, such as the results of observations and interviews. The data sources in this study were primary and secondary. The analysis techniques used were data reduction and triangulation to verify data validity. The results of this study are: (1) the price-fixing practices carried out by MSMEs during Sunday morning CFD activities in Tulungagung, as viewed from Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, are in accordance with the regulations because no business actor dominates the market, has substitute goods, and market pricing is based on agreed-upon prices. (2) the price-fixing practices carried out by MSMEs during Sunday morning CFD activities in Tulungagung, as viewed from Sharia Economic Law, indicate that Jumbo Ice Tea vendors have set prices with fairness and transparency because there is no monopoly element to dominate the market, thus complying with the principles of Sharia economic law.]]>
