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Ahmad Ashril Rizal
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istinbath@uinmataram.ac.id
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Fakultas Syariah, Universitas Islam Negeri Mataram, Jalan Gajah Mada No. 100 Jempong Baru, Mataram
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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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NISTA MARRIAGE PRACTICES AT THE LOWEST MARRIAGE LEVEL URF PERSPECTIVE IN PEGAYAMAN SUKASADA VILLAGE, BULELENG, BALI Tarik, Atika Agustina; Stiawan, Thoat; Ikhwanuddin, Mohammad
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.708

Abstract

The research method used in this research is qualitative research, a descriptive study type. The researcher uses qualitative research methods to obtain, study, and understand the phenomenon through in-depth data regarding the community's perspective on the practice of nista marriages in Pegayaman Village, Sukasada, Buleleng, Bali. This type of research uses descriptive research to explain and examine the phenomenon of nista marriages in Pegayaman Village from an 'Urf perspective. The researcher's data collection techniques are observation, documentation and interviews with informants from three categories, including other key informants from local community leaders, primary informants who are residents, and complementary informants who are migrants who live in the village and work in the village office. People in Bali use levels as identities according to their position, especially the Hindu population, which starts from the highest Brahmana, Ksatria, Waisya, and Sudra, the lowest caste. In contrast to the community in Pegayaman, where the majority of the population is Muslim, the level is implemented within the scope of marriage. Local traditions, empowerment, and community perceptions regarding nista marriages are the benchmarks for researchers analysing ancestral heritage from an Urf perspective. Binary opposition is used to explore the relationship between Islamic teachings and ancestral cultural heritage. The existence of 'Urf about Islamic teachings is the basis for the empirical facts of nista marriages in Pegayaman village. In studying the data obtained by researchers regarding slanderous marriages from the perspective of 'urf, it is limited to 'urf fasid, namely in nista marriages as the lowest level of marriage, which is contrary to the law and enriches the elements of family formation.
ISLAMIC ECONOMY PERSPECTIVE AGAINST MILLENNIAL GENERATION BEHAVIOR IN MATARAM CITY; COD ONLINE SHOP SYSTEM Ilmiati, Yulinda Nur; Yasin, Muaidy; Rois, Ihsan
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.739

Abstract

Online sales often need to be more balanced between the ordered goods and the goods received by the consumer. Having COD is one of the solutions to the problem. In the Islamic economy, the acceptance of goods and payment is done at the same time. The study aims to identify and analyze the behaviour of Millennials in daring shopping with the Cash on the Delivery (COD) payment system, which is performed qualitatively using explanatory methods. The findings explain that the reviews of the people around heavily influence the perception of daring shopping with COD in the millennial generation and are also affected by certain factors, namely price, advertising, location, and lifestyle. The behaviour of the Millennial Generation in daring sales carried out with the Cash-on-delivery (COD) system, according to the Islamic economic perspective, has been appropriate due to the sale activities becoming more practical as well as time and cost-efficient. (COD). From the Islamic economic perspective, payment in Cash when goods are received can be regarded as a practice consistent with the principles of justice and caution.
ANALYSIS OF THE DSN MUI FATWA ON SHARIA ELECTRONIC MONEY FROM THE PERSPECTIVE OF QIYAS (A STUDY ON LINKAJA SYARIAH APPLICATION) Hardiyanti, Istiqom Shinta; Ahmad Agus Hidayat; Novita, Siska Arie; Sajiyo, Sajiyo
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.644

Abstract

This study aims to analyze the content of DSN MUI Fatwa No. 116/DSN-MUI/IX/2017 on Sharia electronic money from the perspective of qiyas, focusing on the case of the LinkAja Syariah application. The research method used in this study is descriptive qualitative, and the approach employed is library research. The findings of this study indicate that the LinkAja Syariah application is a development model of the LinkAja application designed to facilitate transactions while adhering to Sharia principles in its operational system. Similarly, the transactions follow the principles of cash payments and interbank transfers in Sharia banking, implementing Sharia financial principles. Thus, using the digital wallet application through LinkAja Syariah is legally permissible (mubah) as it fulfils the requirements and conditions of qiyas.
A COMPARISON OF ZAKAT MANAGEMENT IMPLEMENTATION IN EAST LOMBOK, TEGAL AND PADANG PANJANG DISTRICTS Suhartoyo, Faizal; Fauzan, Aris
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.658

Abstract

This study aims to analyze the differences in the implementation of zakat management in three different regions, namely East Lombok, Tegal, and Padang Panjang districts. Different approaches, such as economic empowerment, information technology, and integration with local government programs, underlie the implementation of zakat in each region. The research method used is a qualitative approach with data collection through in-depth interviews and document analysis. The results of zakat implementation in the three regions reflect variations in community empowerment. In East Lombok Regency, the economic empowerment approach has successfully increased the economic independence of zakat recipients through business training. In Tegal, information technology is used to facilitate zakat collection and distribution, creating efficiency and transparency. In Padang Panjang, the integration of zakat with local government programs resulted in the synergy of broader empowerment. The determinants of successful implementation include regional context, commitment to zakat institution, and community participation. Similar research by Muhammad Zumar Aminudin, Lila Pangestu Hadiningrum (2019) has described zakat approaches in different contexts, providing in-depth insights into variations in zakat implementation. The theoretical implication of this research highlights the importance of a contextual approach in zakat implementation. The practical implication provides guidance for zakat institutions, local governments, and communities in improving the effectiveness of zakat programs. In conclusion, the successful implementation of zakat requires an in-depth understanding of regional characteristics, selection of appropriate approaches, and adaptation to social and economic dynamics.
RICE WAGE SYSTEM IN THE RICE MILLING PROCESS: PERSPECTIVE OF SHARIA CONTRACT PRINCIPLES Jasri, Jasri; Istiqamah, Nurul; Rufaida, Erty Rospyana
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.659

Abstract

Rice milling, a critical stage in processing raw rice into consumable rice, often must fully comply with Sharia contractual principles, leading to multiple interpretations about its adherence to Sharia law. This study aims to analyze and formulate the Islamic law perspective on the contractual aspects of the paddy wage system in the rice milling process based on Sharia contract principles. The research method used is a descriptive method with a qualitative approach. Data were collected through observation, interview, and documentation. Data analysis in this research was conducted through three stages: data reduction, data presentation, and conclusion drawing. The results showed that the rice milling wage system paid by rice in Panakkukang Village, Pallangga Subdistrict, Gowa Regency, partially follows Islamic law when viewed from the principles of sharia contracts.  Four of the seven principles of Sharia contracts are fulfilled, but three still need to be fully fulfilled. The Sharia contract principles that have been fulfilled are the principle of voluntarism/consensual, legal certainty/equality (al-musawah), honesty and truth (asl-sidq), and the principle of binding promises. The principles that have yet to be fully fulfilled are the principle of freedom of contract and justice (al-'adl), while the principle of writing (al-kitabah) still needs to be fulfilled.
ISLAMIZATION CONSUMPTION BEHAVIOR CONCEPT (ISLAMIC OFFER IN CONSUMPTION BEHAVIOR IN THE ALFA GENERATION) Hakim, Muhamad Arief Al; Umam, Khoirul; Yaqqin, Aynul; Trigiyatno, Ali; Muhtarom, Ali
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.667

Abstract

The current needs system is no longer determined by real needs but has been regulated with the existence of commodity goods. Society's system of consumption changes rapidly to follow the system of needs so that the consumption of goods and services is no longer a necessity but a desire of every individual who is swept up in the consumptive world. Consumerism culture is considered a culture that must be attached to society in order to obtain an identity. Even though the Prophet Muhammad and his companions, preferred to give infaq fi sabilillah, even well waqf by Utsman Bin Affan, rather than simply consuming a commodity that was not useful and did not spend their wealth on something without benefit, especially for an impossible lifestyle, including using their wealth in moderation. This study uses the literary method to search for various literature sourced from journals and books that have to do with consumerism, consumption, and consumption behavior. The results of the study explain that consumerism which is based on the principles of utilitarianism and rationality alone, encourages consumers to maximize use value without regard to human values and even Islamic values, as a result, creates individualism and self-interest. There are at least 5 points that need to be implemented in Islamic offers in consumption behavior, including 1) Paying attention to priority scales in consuming a commodity, 2) Following Islamic norms in consumption behavior, 3) Maintaining Maqoshid Syariah with the aim of benefiting individuals and society, 4) Comply with the principles of halal and haram, 5) Consumption behavior is part of increasing worship.
PRODUCTIVE MANAGEMENT OF ZAKAT FUNDS FOR MUSTAHIQ EMPOWERMENT AT THE ORPHAN FRIEND DORMITORY IN MEDAN CITY Lubis, Rofifah Abiyyah; Sazali, Hasan
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.735

Abstract

This research aims to determine how to manage productive zakat funds to empower mustahik in the Sahabat Yatim Dormitory. This research focuses on how zakat funds are collected, allocated and utilized to improve the welfare of mustahik, especially orphans and poor people. Management of productive Zakat funds for the empowerment of Mustahik Sahabat Yatim is an effort to enhance the welfare of underprivileged communities, especially abandoned orphans who are unable and can be used for educational and future needs. The research method is descriptive qualitative and uses observation, interviews and documentation. This analysis technique uses three inductive data analysis processes: processing data, presenting data, and drawing conclusions. The results of this research show that productive management of Zakat funds in Sahabat Yatim can encourage inclusive economic growth and provide a sustainable positive impact on society. It also provides an important contribution to the practical and theoretical understanding of the role of productive zakat in empowering mustahik, especially for orphans.
IMPLEMENTATION OF ZAKAT FUNDS TOWARD POVERTY ALLEVIATION THROUGH THE NATIONAL ZAKAT AGENCY OF BATU BARA DISTRICT Sinaga, Fina Khairani; Abdurrahman, Zulkarnain
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.738

Abstract

Zakat has great potential to become one of the main instruments in poverty alleviation efforts. Zakat is one of the pillars of Islam, so normatively it is an absolute obligation for every Muslim. The purpose of this research is to find out how zakat is distributed by the Batu Bara Regency National Zakat Amil Agency in its efforts to eradicate poverty, as well as identify factors that support and hinder the distribution of zakat. This research uses a qualitative method with a descriptive approach. Data collection methods are observation, interviews, and documentation, using primary and secondary data. There were 5 informants in this study. The data analysis techniques used are data reduction, data presentation, and conclusion verification. Source triangulation ensures the validity of the data used in this research. Based on research results, Baznas, Batu Bara Regency routinely distributes zakat funds every year using two main approaches, namely consumptive zakat and productive zakat, to overcome poverty. Through the Smart, Healthy, Pious and Caring Batu Bara Program, consumptive zakat is distributed to meet the basic needs of mustahik. Meanwhile, the Batu Bara Makmur Program is a productive zakat distribution program that empowers zakat recipients to be economically independent. However, poverty alleviation efforts could be more optimal because a larger proportion of zakat fund distribution occurs through consumptive zakat. Limited human resources cause a lack of supervision of zakat recipients, so the efforts made by productive zakat recipients last only a short time.
CONSUMER PROTECTION IN BEACH TOURISM OBJECTS FROM THE PERSPECTIVE OF MAQASHID SHARIA (STUDY IN THE SUB-DISTRICT OF MIRROR BEACH, SERDANG BEDAGAI DISTRICT) Trihafsari, Wiwik; Permata, Cahaya
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.746

Abstract

Activities in tourist attractions pose a risk of danger for tourists, which can impact safety and security, including beach tourism. It must be backed by infrastructure that promotes safety and security in these tourist locations to reduce current risks. Visitors' rights to safety, security, and clear information are guaranteed by Law No. 8 of 1999 on consumer protection and Law No. 10 of 2009 on tourism, specifically Article 20. This study aims to investigate how the Pantai Cermin District's beach attractions' facilities, their consumer protection policies, and the notion of consumer protection as seen through the lens of Maqashid Sharia. This study employs a conceptual framework, a statute-based methodology, and an empirical case-study approach to the law. The results of this study indicate that the facilities at beach attractions in Pantai Cermin Subdistrict still need to fulfil safety and security aspects, such as the unavailability of health clinics, watchtowers, and luggage storage for tourists. In the perspective of maqashid sharia, consumer protection of security and safety in beach tourism is the application of the principles of Hifz al-Nafs (protecting the soul) and Hifz al-Mal (protecting property), so beach tourism managers must provide security, health, and safety facilities for beach visitors.
INVESTING IN SYSTEMS DIGITAL FINANCE IN PERSPECTIVES ON ISLAMIC LAW STUDIES CASE: SYSTEM ONLINE LOANS Parsih, Feli; Hasan, Asyari
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.747

Abstract

This research aims to determine the number of cases of illegal businesses imitating licensed entity websites as if the website officially belonged to the licensed entity. Therefore, one way to protect potential investors from illegal businesses is to find out whether the company is registered with the Financial Services Authority (OJK) or not. Therefore, this article examines sharia investment options to avoid illegal business. This study uses a descriptive-qualitative approach to study literature. Additionally, all the data collected will likely be essential to what is being researched. Thus, the research report will contain quotations and data processing to provide an overview of the report's presentation. The results of this research are several Sharia investment instruments that have been registered with the OJK to avoid fraudulent investments, including Sharia stock investments, Sharia mutual fund investments, Sharia deposits, retail sukuk, and gold.

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