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Ahmad Ashril Rizal
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Istinbath: Jurnal Hukum dan Ekonomi Islam
Published by Universitas Islam Negeri Mataram
ISSN : 18296505     EISSN : 26549042     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Istinbath fokus pada bidang hukum Islam yang meliputi Hukum Keluarga Islam, Ekonomi Syariah, Hukum Pidana Islam, Fiqh-Ushul Fiqh, Kaidah Fiqhiyah, Masail Fiqhiyah, Tafsir dan Hadits Ahkam.
Arjuna Subject : -
Articles 216 Documents
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THE IMPLEMENTATION OF MASLAHAH MURSALAH IN THE CIRCULAR ECONOMY OF WASTE OF UKM TEMPE BERKAH IN HAMPARAN PERAK VILLAGE Hus Diana; Isnaini Harahap
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.581

Abstract

This study aims to implement maslahah mursalah in the Circular Economy of UKM Tempe Berkah waste in Hamparan Perak Village by focusing on 3 elements in it, namely hifdzu an-nafs (care of the soul), hifdzu al-mal (maintenance of assets) and hifdzu al-bi'ah (maintenance of environment). This study used a descriptive qualitative research method, with primary and secondary data sources used as data sources. Data collection techniques were used in the form of interviews, observation, and direct surveys. In addition, data collection techniques were also obtained from several selected sources as additional information in this study. The results of the study showed that the implementation of Maslahah Mursalah in the Circular Economy of UKM Tempe Berkah, Hamparan Perak in the element of hifdzu an-nafs (care of the soul) can provide comfort and maintain health for employees, the community, and the surrounding environment from the dangers of pollution. And able to help the community in meeting its basic needs. Then, the implementation of Maslahah Mursalah on the Circular Economy of waste of UKM Tempe Berkah in Hamparan Perak Village in the element of hifdzu al-mal (maintenance of assets), where UKM Tempe Berkah obtains their assets in a good way through buying and selling, using the assets following sharia and there is no element of appropriation other people's assets because they can provide appropriate salaries to their employees so that no one feels abused. And the implementation of Maslahah Mursalah in the Circular Economy of UKM Tempe Berkah's waste in Hamparan Perak Village in the element of hifdzu al-bi'ah (environmental care), namely Tempe Berkah UKM can minimize environmental pollution by managing and utilizing its waste, both solid waste and liquid waste, so as not to cause damage to society and the environment.
THE INFLUENCE OF HALAL SOCIALIZATION AND BUSINESS CAPITAL ON INTEREST OF HALAL CERTIFICATION IN SURABAYA MSMES Cantik Siska Anggraeni; Moch. Khoirul Anwar
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.582

Abstract

MSMEs in East Java have not fully obtained halal certification. Even though regulations regarding the obligation to obtain halal certification for MSMEs have been stipulated. UMKM Surabaya itself still has not reached 50% who pocketed halal certification. MSMEs do not fully understand the regulations and procedures for administering halal certification. Therefore, the government should try to provide facilities that make it easy for MSMEs to take care of halal certification. This study intends to determine the effect of halal socialization and business capital on the Interest in halal certification for UMKM in Surabaya City. The independent variable of this study consisted of two variables, namely halal socialization and venture capital, while the dependent variable of this study, namely the Interest in halal certification for UMKM in Surabaya City. This study was compiled using a quantitative method through a sample of 100 respondents. The questionnaires were distributed using a Likert scale on halal socialization and business capital. This study showed that the variables of halal socialization and business capital affected the Interest in halal certification for UMKM in Surabaya City. As for the test results of the coefficient of determination (R Square), it was found that the variables of halal socialization and business capital have a simultaneous effect of 71.4% on the Interest in halal certification for UMKM in Surabaya City.
COMPENSATION LIABILITY FOR CONSUMERS OF BEAUTY PRODUCTS THAT DISTRIBUTION LICENSES HAVE BEEN WITHDRAWN BY BPOM PERSPECTIVE COMPILATION OF SHARIA ECONOMIC LAW Siti Nazar; Mhd. Yadi Harahap
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.588

Abstract

Cosmetics are defined as particular components designed to be applied to the surface of the human body. Cosmetics are beauty products women use to beautify or change their appearance. It is usually used to beautify the outside of the human body to get an attractive appearance. Even though they are not a basic need, cosmetics are one of the many products used daily and routinely, especially by women. This study aims to find out the form of accountability for compensation related to beauty products whose distribution permits have been withdrawn but whose products are still found circulating in the community and how that will be done according to the views of the Sharia Economic Law Compilation (KHES) and Law No. 8 of 1999 concerning Consumer Protection. This study uses a juridical-normative research method in which legal and statutory theory is the approach. The theory used in this study is the theory of legal protection, namely providing protection for human rights that are harmed by other people. The results of this study explain that legal protection and liability for compensation to consumers, especially for beauty products whose distribution permits have been withdrawn by BPOM, are regulated in KHES and in UUPK Article 4 letter a, which explains the rights of consumers to obtain safety, security and comfort when using goods/services. And business actors are responsible if consumers suffer losses in the future for refunds and provide compensation according to the provisions of Article 19 paragraph (2) for consumers who are harmed to receive compensation for their health.
THE EFFECT OF REMUNERATION AND WORK DISCIPLINE ON EMPLOYEE PERFORMANCE AT PT. ASKRIDA SYARIAH INSURANCE MEDAN BRANCH Muhammad Andre Alkahfi; Sri Ramadhani
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.589

Abstract

In developing the company, the factors of employee performance are crucial to note; the factor of employee discipline to comply with applicable regulations and the remuneration provided by the company can be seen through attitudes that influence performance achievement with better work results. In this study, the authors conducted research at PT. Askrida Syariah Insurance Medan Branch. This study's methodology combines a quantitative research approach and an explanatory research approach. The population in this study were all employees of PT. Askrida Syariah Insurance Medan Branch has as many as 30 employees, and the data needed is personal data and respondents' views (questionnaire) on remuneration variables, work discipline and employee performance. This study didn't find any real connection between employee remuneration and performance, and the significance value was above 0,111 > 0.05. The significance of work discipline on employee performance was clearly demonstrated by a f- test with a significance value of 0.000 < 0.05. This indicates that both remuneration and work discipline are essential factors for good performance at PT Askrida Syariah Insurance Medan Branch. Around 82% of differences in employee performance can be attributed to differences in the independent variables. The other 18.2% is made up of things that weren't part of this study.
PERCEPTIONS OF MUHAMMADIYAH AND NAHDLATUL ULAMA FIGURES ON CHILDFREE DECISIONS FOR YOUNG COUPLES IN WATES DISTRICT, KEDIRI REGENCY Irma Nur Afifah; Thoat Stiawan; Salman Al Farisi
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.596

Abstract

Childfree is a decision taken by married couples not to have children. The decision was taken consciously by mutual consent. It is also related to the current trend among young couples not to have children because they feel reluctant to be responsible for their children’s lives and focus on household life as a childless married couple. Apparently, this has also been accepted and validated by several young couples in Wates District, Kediri Regency. Of course, regarding Childfree itself, there is no Islamic law that regulates it, so, in this case, the author uses the perceptions of Muhammadiyah and Nahdlatul Ulama figures to give their views on the Childfree phenomenon among young couples in Wates District, Kediri Regency. This research uses a qualitative approach with descriptive methods. Data collection by interviews and observations of Nahdlatul Ulama and Muhammadiyah figures in Wates District, Kediri Regency. The results of this study indicate that there are various viewpoints regarding childfree, but what has become the agreement of NU and Muhammadiyah figures in Wates District, Kediri Regency, regarding Childfree is that they tend to disagree and encourage young couples to return to their religious knowledge, and to take a holistic approach regarding making that decision. Childfree actions should not be used as a benchmark or a guide in building a household that is sakinah, mawaddah, and rahmah because these actions injure the nature of marriage.
SUPERVISION OF BAITUL MAL WAAT TAMWIL SHARIA FINANCIAL SERVICES COOPERATION IN IMPROVING COMMUNITY MICRO BUSINESS Hulfa Raihani; Yossi Eriawati
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.597

Abstract

Constraints in implementing financing and insufficient cash to meet the needs of KJKS BMT customers in developing their micro-businesses in the Lubuk Lintah community, Padang City, are the background of this research. The cause of the cash shortage is due to problem loans. This study used descriptive qualitative method. Based on the results of research on KJKS BMT, Lubuk Leetah Village, it was found: (1) Determination of monitoring and measurement tools (standards) for improving community micro businesses in Lubuk Leetah Village, Kuranji District. According to the measuring tool (standard) developed by the Padang City Cooperative Service for KJKS BMT Lubuk Lintah Village, namely evaluating by looking at and identifying problems in developing the implementation of the plan, includes several performance benchmarks, including: number of project sites, investment funds, non-performing loans , Revenue and Membership. (2) Evaluation of KJKS BMT supervision to improve community micro businesses in Lubuk Lintah Village. The assessment was carried out under the guidance of KJKS BMT Lubuk Lintah Sub- District for the progress of micro-enterprises in the Lubuk Lintah community, before the RAT was implemented. RAT discusses how to deal with financing issues, what is the income at the end of the year. (3) Carry out corrective actions to improve supervision of KJKS BMT in improving community micro businesses in Lubuk Lintah Village. Take corrective actions so that KJKS BMT Lubuk Lintah Subdistrict does not continue to make deviations in its activities.
CONDITIONS OF DIVORCE IN THE PROGRESSIVE VIEW OF FEMALE SCHOLARS FROM NAHDLATUL ULAMA AND MUHAMMADIYAH IN PAMEKASAN DISTRICT Mohammad Ilham Nurrochman; Moh. Hamzah; Faizur Rahman
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.601

Abstract

The stereotypes and culture of the Madurese people, steeped in local culture and Sufism, still have minimal understanding of the conditions of divorce in terms of its legal requirements and the urgency of protecting women. Therefore, this research aims to provide a collection of knowledge about the study of Islamic law and positive law regarding the permissibility of conditions of divorce, as well as the views of female scholars who were members of Muslimat Nahdlatul Ulama and Aisyiah Muhammadiyah on the existence of conditions of divorce and its benefits in marriage. This type of empirical legal research uses an anthropological perspective approach and an interpretive sociological perspective. The results of this study, namely, divorce conditions, are permissible in Islam. In contrast, government regulations governing speech, writing, and gestures of conditions of divorce include Law No. 1 of 1974 concerning marriage agreements, Regulation of the Minister of Religion No. 11 of 2007 concerning Marriage Registration, Regulation of the Minister of Religion of the Republic of Indonesia No. 2 of 2000 and Article 45 and the Compilation of Islamic Law (KHI). According to the views of female clerics Aisyiah and Muslimat NU regarding conditions of the divorce, namely as a normative spirit or basis of the Qur'an and Hadith, awareness of rights and obligations, and equality in the household. Then it can be drawn several benefits that arise from the conditions of the divorce, including self-limitation, as a protector, keeping commitments, and avoiding conflict.
STRATEGY FOR SUCCESSFUL IMPLEMENTATION OF THE ZAKAT VILLAGE INDEX THROUGH HUMAN RESOURCE DESIGN IN THE ZAKAT VILLAGE PROGRAM, SIDOARJO REGENCY Bayu Wardhana; Sigit Hermawan; Hadiah Fitriyah
istinbath Vol. 22 No. 1 (2023): June 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i1.603

Abstract

The Zakat Village Index can be interpreted as a measuring tool that zakat managers can use to know the condition of a village and whether the village is eligible for assistance. This research was conducted to analyze the success of the zakat village implementation strategy through the design of human resources in the zakat village program in Sidoarjo Regency. The problem is that in implementing the Zakat Village Index, there are obstacles, namely limited human resources. The research method used is interpretive qualitative by collecting data through in-depth interviews, FGDs and documentation. The data used is primary data with the research object, namely the zakat village program in Sidoarjo Regency. The results of the study show several obstacles related to the implementation of the Zakat Village Index in the zakat village, including the first is, limited human resources, the second is management competency and the third is workload. To overcome these problems, a solution is needed, namely collaboration between agencies. Competency development also needs to be carried out, including increasing employee competence on the work village index, evaluating workload and the role of leaders in implementing the Zakat Village Index in the zakat village program. The implications of this research are expected to create a human resource design strategy for the zakat village program in Sidoarjo Regency with the implementation of the Zakat Village Index.
RELIGIOUS AND CULTURAL DIALECTICS IN DETERMINING EARLY-AGE MARRIAGE (Case Study of the Increase in Early-age Marriage in Pinrang City from the Maqashid Shariah Perspective) Bate, Nurdalia; Faiz, ABD Karim; Samin, Sabri; Musyahid, Achmad; Almuhtadi, Ahmad Saiful Haq; Wahidin, Wahidin
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.446

Abstract

Marriages conducted in Pinrang Regency often do not pay attention to the rules of marriage that have been established, especially the issue of age. Such problems are difficult to avoid, especially in ordinary people, thus reducing the negative impact of early marriage. The role of the National Family Planning Agency through the Office of Population Control, Family Planning, Women's Empowerment, and Child Protection of Pinrang Regency is required. The objectives of this study are as follows: to identify the negative impacts caused by early marriage in Pinrang Regency, to analyze or determine the potential for underage marriage in Pinrang Regency, and to describe the role of the Pinrang Regency government in reducing underage marriage. This study is qualitative research. The approach used is socio-juridical. The research is descriptive qualitative. There are two types of data used, namely primary data and secondary data. The technique of data processing used observation, interviews, documentation, triangulation, and data validity tests using credibility, transferability, dependability, and confirmability. Furthermore, the data analysis technique used the data reduction technique (data reduction), display (data presentation), and conclusion drawing/verification (concluding). Based on the results of this study, it shows that: first, underage marriage has a negative impact, especially concerning health issues. Second, It was found that approximately 90% of underage marriages in Pinrang Regency were conducted by women, with requests for dispensation of marriage being submitted more by people who live in urban areas compared to rural areas. The negative impact presented in early marriage is more dominant than the positive impact. Based on the Maqasyid shari'ah theory, the practice and potential of early marriage in Pinrang City is contrary to Hifdzunnafs for both women and children based on the data that has been described.
CUTI SUAMI DALAM RUU KIA UNTUK MENDAMPINGI ISTERI MELAHIRKAN PERSPEKTIF HIFẒ AL-NASL DAN POLITIK ETIS PEMERINTAH Busyro; Ismail; Gusril Basir; Fajrul Wadi; Rahmiati; Sindi Sinora
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.497

Abstract

The plan of providing 40-day-paternity leave is just waiting for discussion and ratification into law. On the one hand, the RUU KIA (Maternal and Child Health bill (MCH bill) can guarantee the fulfillment of some of mothers’ and children’s rights if they are accompanied by the head of the family during the birth process. However, on the other hand, the status of the husbands who also work for government or private companies requires them to complete the workload, and 40 days of leave is considered a long time for workers to leave. This study aims at examining the implementation of the concept of hifẓ al-nasl on the ethical politics of government concerning the birth of the RUU KIA. This writing is library research by which the data sources were obtained from documents, books, journals, and news on social media. The data were analyzed by using a qualitative approach. The conclusion of this study showed that the philosophical basis of the 40-day-paternity leave policy is a crystallization of the concept of protecting wives and prospective babies and in accordance with the objectives of Islamic law in providing protection for offspring (hifẓ al-nasl). This government’s ethical politics is also an implementation of the rule of taṣarruful imām `alā ra'iyat manūṭun bil maṣlaḥah (policies taken by the government must be ensured to gain benefit for the people).

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