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Ahmad Ashril Rizal
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INDONESIA
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 218 Documents
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ANALYSIS OF THE LEGAL PROVISION OF ISLAM AND THE MECHANISM OF LIFE INSURANCE Kamaluddin, Imam; Nisak, Radhiyatun
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.v23i1.751

Abstract

Islamic life insurance is a rapidly growing economic product in the Islamic economic environment. Although there are regulations and fatwas that regulate the mechanism and law of Islamic life insurance, scholars still have differing opinions about its permissibility. This paper aims to analyze Islamic fiqh about the law and mechanism of Islamic life insurance. The research method used is qualitative research with an empirical juridical approach. The analysis results show two main views among scholars regarding the permissibility of Islamic life insurance. Opinions allowing sharia life insurance refer to the principles of sharia and see it as a means of protection that can benefit the community. On the other hand, some opinions reject Islamic life insurance because it is considered to violate the fundamental principles of Islam, such as belief in God's destiny and avoidance of the elements of usury, gharar, and maisir. In the Indonesian context, the National Sharia Council (DSN) of MUI has issued fatwas and regulations related to the mechanism and law of Islamic life insurance. This fatwa is a solution to the two views of fiqh scholars and follows the principles of maqasid sharia.
ANALYSIS OF PRIORITY BANKING OFFICER (PBO) MARKETING STRATEGY IN INCREASING THE NUMBER OF PRIORITY CUSTOMERS VIEWED FROM A MAQASHID SYARIAH PERSPECTIVE: BANK SUMUT KC SYARIAH PADANGSIDIMPUAN Rambe, Jelita Handayani; Imsar, Imsar; Anggraini, Tuti
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.v23i1.752

Abstract

Maintaining the excellence of PT Bank Sumut KC Syariah Padangsidimpuan requires an effective marketing strategy to be implemented in order to realize a competitive advantage and achieve predetermined targets in the marketing process. Bank Sumut KC Syariah Padangsidimpuan certainly has goals and strategies with Sharia-based purposes (Maqashid Sharia) or is more than merely material. In this context, the target in question is Priority Customers. This writing analyzes the Priority Banking Officer's marketing strategy for increasing the number of priority customers at PT. Bank Sumut KC Syariah Padangsidimpuan is reviewed from a Maqashid Syariah perspective. The research method used is descriptive-qualitative. The data collection techniques in this research were observation, interviews, documentation, and literature. Moreover, researchers used descriptive analysis techniques. The result of this writing is that PT. Bank Sumut KC Syariah Padangsidimpuan, in implementing marketing strategies to increase the number of customers, applies the Marketing Mix 7P component. Marketing Mix is a tool for marketers consisting of various marketing program elements (product, price, promotion, place, people, process, and physical evidence) that must be considered to implement the determined marketing strategy. Bank Sumut KC Syariah Padangsidimpuan, in carrying out the marketing mix strategy, contains Maqashid Syariah principles containing sharia values ​​that are by sharia objectives (Maqashid Syariah). The marketing mix aspect (product, price, promotion, place, people, processes, and physical evidence) contains sharia values ​​by the 5 principles of maqashid sharia (sharia goals), namely protecting religion, soul, will, descendants, and property.
TEMPE BUSINESS DEVELOPMENT MODEL BASED ON PENTA HELIX REVIEWED FROM MAQASHID SYARIAH (CASE STUDY OF SEI RAMPAH VILLAGE) Alfiani, Rani; Nasution, Juliana; Syahbudi, Muhammad
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.v23i1.757

Abstract

This research aims to determine and describe the implementation of the pentahelix model in developing MSMEs, especially the tempe business in Sei Rampah Village, using maqashid sharia principles. Pentahelix is ​​​​a series of models that are the result of the development of the model that connects Academics, Business, Community, Government, and Media in developing innovation and the economy. This research method uses a qualitative descriptive method using the pentahelix method. The data collection techniques used in this research are observation, interviews, and literature study techniques. The research results show that the development of the tempe business in Sei Rampah Village has involved the five actors in the pentahelix model: academics, business, community, government, and media. However it is implemented, there are obstacles to its role. This research also concluded that Islamic economics is closely related to maqashid shari'ah, namely hifz al-mal. Maqashid shari'ah is the basis for the development of Islamic economics because it aims to create human welfare and happiness by balancing the circulation of wealth in a fair and balanced manner, personally and socially.
IMPLICATIONS OF SHARIA ECONOMIC LAW FOR HALAL CERTIFICATION ON IMPORTED PRODUCTS IN INDONESIA Rismilda, Nela Aprilia; Supangat, Supangat
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.655

Abstract

The rapid flow of globalization certainly impacts aspects of life, including the increasingly accessible economic aspect. The magnitude of free trade results in various products entering a country without strict supervision in terms of quality. Indonesia is a country with high export-import activities; this can be seen based on data from the Badan Pusat Statistik (BPS) on Imports of Beef from 2017 to 2021, which shows an increase every year. The size of imported products entering Indonesia is necessary to monitor and check the halalness of these products, considering that the majority of the population in Indonesia is Muslim. This study aims to analyze the position of halal certification of imported goods or products based on the perspective of Sharia economic law. This research uses qualitative methods with data collection techniques and literature study. The results show that the position of halal certification of imported products based on the perspective of sharia economic law has a central position as stated in the Qur'an, some hadiths of the prophet, and other sources of Islamic law for which none of these sources of law reject the existence of halalness to what Muslims need. In addition, the position of halal certification of imported goods in terms of Sharia economic law is also seen as an effort to be in harmony with Islamic teachings, which aim to bring maslahah, not mafsadah, to the people who consume.
THE CONCEPT ILLAT OF USURY ON MONEY FROM THE PERSPECTIVES OF THE FOUR MADZHAB AND CONTEMPORARY ULAMA Anam, Hoirul; Fauzi, Ahmad; Nurohman, Dede
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.689

Abstract

The concept of usury in money is still unclear when it has not been studied, apart from the differences in the opinions of the four madhhab priests regarding usury, this is also caused by the limitations of our minds to capture the wisdom and lessons revealed by Allah SWT, as well as the increasingly modern era which demands new problems. which cannot be completely resolved, therefore it has become a taboo subject since ancient times until today. This paper contains taboos to be explained more clearly. This study uses a literature approach using the literature study method based on primary material, namely the book of al-fiqh al-Islami which is motivated by problems that exist in society. With the results of the study showing that the law of usury applies to money today, because there is a legal illat similar to gold and silver (Nuqud). And with this research, it is hoped that it can add to the body of knowledge in Islamic economics.
THE ROLE OF AL-URF IN CONTEMPORARY ISLAMIC ECONOMIC LEGAL ISSUES: SUSTAINABLE BUSINESS PRODUCTION DEVELOPMENT Santika, Ana; Ghozali, M. Lathoif
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.692

Abstract

The increasingly advanced development of industry impacts the development of transactions and production processes in an increasingly complex economy. Many transaction activities and production processes require ijtihad to find solutions to problems that may arise. The hope is that these transactions and production processes can run smoothly and follow Islamic law. This study aims to discuss how 'urf becomes a method and source of Islamic law in economic activities using a qualitative research methodology with a library research approach. This study concludes that Al-Urf in contemporary Islamic economic law provides a strong foundation through community customs that do not conflict with the Qur'an and Hadith. In responding to the challenges of the existing modern economy, it needs to be critically appreciated according to the context of its time, place, and situation, then developed according to the challenges of the times by using creative ijtihad in the corridor of sharia.
TAQNIN FIKIH : Transformation of Marriage Law in Indonesia Fernanda, Ahmad; Salma, Salma; Hidayat, Rahmat
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.694

Abstract

Indonesia has a pluralist background, so realizing one rule accommodating all interests is a challenge. Among them is the unification of the rules on marriage. The purpose of this study is to explore historically the growth and development of taqnin from time to time, taqnin of marriage law in Indonesia, the legality of post-taqnin marriage law, challenges and opportunities, and challenges of taqnin. This literature research method uses quantitative with an exploratory analysis approach, namely analyzing fikih munakahat products transformed into positive law. Data processing by managing library materials (library research). Secondary data sources are Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) and books and articles based on OJS (Open Journal System). Techniques for analyzing the data obtained were exploratory and descriptive analysis using the techniques of reduction, display, and verification. The results showed that, based on historical aspects, taqnin had been pursued since the abasiyah daulah but has experienced ups and downs in its implementation. Second, The transformed legal product is dynamic. Third: Munakahat jurisprudence has gone through the process of taqnin to have the legality of state law, so it becomes the primary source in marriage issues. Fourth: The opportunities and challenges faced are internal and external.
BLOCKCHAIN ZAKAT IN LAW PERSPECTIVE AND ITS IMPLICATION ON ZAKAT MANAGEMENT Yusuf, Muhammad Zulfikar; Aufa, Muhammad Fikri; Umam, Khotibul
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.720

Abstract

The main aim of distributing zakat is to provide the broadest possible benefits to those in need whose basic needs, such as clothing, food, and shelter, are not yet met. One effort that can be used to optimize the management and distribution of zakat funds is using blockchain technology. This research is a qualitative descriptive with library research. The method used in this research is a normative legal research methodology with a conceptual approach based on the theories of Economic Analysis of Law and Theory of Change. This research shows that Islamic and normative laws provide opportunities to develop blockchain zakat while prioritizing effective and efficient Sharia principles and legal principles. If applied to zakat institutions, blockchain has various positive impacts, especially in managing zakat funds. Some of the positive effects of using blockchain technology include transparency and accountability, systematic fund tracking, smart contracts with automation methods, efficient administration costs, encrypted security features, cross-border network access, and others. These various advantages will undoubtedly impact increasing public trust in zakat institutions, thereby optimizing the potential of zakat funds and producing a much more significant contribution to the distribution and utilization of zakat funds to mustahik and the wider community.
EXPLORING THE IMPACT OF QRIS TECHNOLOGY ON GEN Z INTENTION TO CONTRIBUTE INFAQ TO MOSQUES Arifin, Samsul; Ratnasari, Ririn Tri; Pertiwi, Tanza Dona
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.729

Abstract

This study examines the impact of religiosity, ease of use, motivation, and intention to donate infaq among Generation Z in Jember, Indonesia, focusing on mosque donations via QRIS technology. Using a quantitative approach with 100 participants and analyzed through SEM-PLS, the study finds that religiosity enhances motivation through goal-focused behavior. In contrast, ease of use promotes motivation by simplifying the donation process. The research highlights QRIS's benefits, such as increased convenience and transparency, but also identifies challenges, including low digital literacy and limited understanding of infaq among some congregants. These findings suggest that while QRIS has the potential for improving mosque donations, addressing digital literacy and comprehension barriers is essential for maximizing its effectiveness among younger generations.
THE BEST INTERESTS OF THE CHILD FROM AN ADULT PERSPECTIVE (A Case Study on Child Marriage Dispensation Cases at the Sukadana Religious Court) Fathoni, Muhammad Nur; Oktora, Nency Dela; Wijayati, Mufliha
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.769

Abstract

This study examines how the child's best interests principle is applied in child marriage dispensation cases at the Sukadana Religious Court, emphasizing the contrasting viewpoints of applicants (parents or guardians) and judges. This topic is significant due to the high prevalence of child marriages at the Sukadana Religious Court, which frequently leads to various adverse effects on children's development. This research employs a qualitative approach combining normative and empirical methods, utilizing a case study framework. It includes an analysis of decisions from the Sukadana Religious Court, in-depth interviews with judges, and a review of case applicants. The results reveal that applicants and judges have yet to apply the child's best interests principle fully. Second, the applicants tend to focus on quick solutions to social, moral, or cultural pressures, such as out-of-wedlock pregnancies, premarital sexual relations, or concerns about family shame. Third, judges adopt a normative approach by assessing the child and their partner's physical, psychological, and financial readiness. However, they often prioritize solutions to the urgent situations presented by the applicants. The study concludes that strengthening the implementation of the child's best interests requires stricter regulations in decision-making, offering pre-marriage education and awareness programs on children's rights, and improving judges' competencies. This study recommends collaboration between the courts, educational institutions, and community organizations to strengthen public understanding of the child's best interests as the primary principle in child protection.

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