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El-Faqih : Jurnal Pemikiran dan Hukum Islam
Published by Institut Agama Islam Faqih Asy'ari Kediri
ISSN : 24433950     EISSN : 2503314X     DOI : https://doi.org/10.29062/faqih
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process. The journal is published twice a year in April and October. It is now a fully online journal, and it only accepts manuscript submissions written in Indonesia, English, and Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 6 No 1 (2020): EL FAQIH" : 7 Documents clear
Konsep Maqasid Al-Shari‘ah Abdullah bin Bayyah Miftakhul Arif
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.100

Abstract

This article is the result of the literature research on the concept of maqasid alshari‘ah according to Abdullah ibn Bayyah, a Muslim thinker from Mauritania, Africa. The results concluded several things as follows. First, the decline of Islamic law according to the Bayyah Bin is caused by three factors, namely: failure in seeing social reality, superficiality in understanding the nature of Islamic law, as well as error methodology. Secondly, to answer the problemabove Bin Bayyah put maqasid al-shari‘ah as the spirit of jurisprudence. Any law that does not bring the maqasid to the body without the spirit. Secondly, the maqasid al-shari‘ah should be placed in the framework of the Islamic law methodology, partnering with usul al-fiqh. The task of maqasid al-shari‘ah is as a guideline for the excavation of the law (istinbat), while the task of usul al-fiqh is to digest (indibat) maqasid al-shari‘ah so as not to be legalized. The maqasid al-shari‘ah approach, according to Bayyah Bin, also requires a middle position between the use of general evidence (Al-Kulliy) and special Evidence (Juz'iy), between text and context. In this way, maqasid al-shari‘ah is expected to present a religious fatwa that is compatible with social reality and bring the benefit of the people.
Praktik Sewa Lahan Pertanian di Masyarakat Perspektif Hukum Ekonomi Islam Muhamad Wildan Fawa’id; Nur Huda
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.101

Abstract

Indonesia is an agrarian country. About 13% of the total land area in Indonesia is used for agriculture. Then, about 5% of them are located on Java Island, approximately 7.1 million hectares the area of this agricultural land in its management is more managed by the community, with a variety of akad done. Starting from rent for a season, a year even buy. For people who are farmed but do not have farmland, to buy will feel heavy, because the price of land will continue to crawl up from year to year. The solution is the lease. Like a rental in general, tenants only have the right to make use of not selling. But according to some Ahaadeeth rented farmland was not allowed by the prophet. But using the analytical descriptive method of the study replied that the lease of farmland forbidden by the prophet was rent by paying using the harvest. But no one can guarantee this land can be harvested or not. From here comes speculation, whereas in Islam we are forbidden for speculation. So the rental of land is allowed because as long as paying rent using money, not agricultural products. So the element of speculation and harm can be eliminated
Menangkal Faham Radikal Berbasis Pondok Pesantren Bahasa Arab Mohamad Ma’mun
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.102

Abstract

The phenomenon of terrorism action using violence in Muslim radicalism makes jihad the reason for justification as well as a theological foundation. It takes a preventive model of radicalism that continues to propagate in various fields. One of the Pesantren who took part in the prevention of radicalism through educational pathways is Pondok Pesantren Syahamah. The purpose of this research is to describe the concept and process of learning in the Islamic boarding school of Syahamah and to describe the strategy performed by the Islamic boarding school of Shahamah in the ward against radicalism. Using the qualitative method of phenomenology technique is known that Pondok Pesantren Syahamah is a non-formal Islamic education institution that is based on Islam Ahlussunnah wal Jama'ah under the auspices of Yayasan Syahamah. The vision of Pondok Pesantren Syahamah is to be a model and excels in the teaching of religious sciences according to Manhaj Ahlussunnah wal Jama'ah, also in the teaching of Arabic that combines the classical and modern methods. His activities, Syahamah classifies it into several parts: the field of religion, social areas and the economic field. The period of education in Ponpes Syahamah is 3 years, reached in 3 classes, namely the Ula Class (Basic), Wustha Class (intermediate) and ' Ulya (high) class and each class consists of two semesters. The strategy that is used in Pondok Pesantren Syahamah is Tadrij al-Tadris learning, Strategy Model learning Talaqqi and Strengthening mastery science nahwu Sharaf
Ekstrimisme dalam Tafsir Asyhari
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.103

Abstract

The main cause of radicalism is the distorted understanding of the Qur'an and hadith. One of the Qur'anic verses used to legitimize the precept of the extreme radical group is Q. S al-Maidah: 44. Explicitly this verse seems to justify the radical group's claim that in this world all people have infidels because no one applies the Islamic law perfectly. Sayeed Qutb (d. 1966) is referred to as one of the people of the Muslim Brotherhood in Egypt interpreting the verse on a textual basis. Using the library research method, researchers answered two basic problems; (1) How Sayeed Qutb interprets Q. S al Maidah: 44?, (2) How do the scholars interpret Q. S al Maidah: 44?. To answer the researcher to comb the interpretation of Sayeed Qutb in the book of Zilal al-Qur'an, then compare it with the interpretation of the other scholars in the books of interpretation. This research resulted in the conclusion that Sayeed Qutb's interpretation of Q. S al-Maidah: 44 is deviant from the interpretation of all Islamic scholars. The interpretation of Sayeed Qutb precisely corresponds to the interpretation of the Khawarij group at the time of the Caliph Ali ibn Abi Talib. The scholars interpret the passage with three interpretations. First, the meaning of kufr in the verse is a major sin, secondly, that a person is considered infidels when not applying Islamic law because of legal reasons other than Islam is better than Islamic law, third, the passage is revealed to the Jews, that the Jews who did not apply Islamic law were unbelievers.
Etika Al-Mashlahah: Studi Pemikiran Moral Mohammad Abed Al-Jabiri Achmad Bahrur Rozi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.104

Abstract

The point of this study is the thought of Muhammad Abed al-Jabiri about the moral concept in Islam. Al-mashlahah, according to al-Jabiri, is the moral principle of Islam. Al-mashlahah represents the pure principle of Islamic ethics stemming from al-Qur’an and as-Sunnah. This theory based on the principle of utility; good and ugly determined by consequence of the act, non-action itself. Worthwhile action in al-mashlahah category must be relied on universal of syari’at (taking care of religion, soul, clan, properties, and mind). Al-mashlahah woke up above the principle of compatibility between mental activity and texts. Al-mashlahah does not characterizes secular and therefore can be made alternatively to Utilitarianism.
Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Kota Kediri Mohammad Muizzudin; Achmad Asfi Burhanudin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.105

Abstract

Mediation is the process of resolving disputes through a negotiation or consensus process by the parties assisted by a mediator who has no authority to interrupt or impose a settlement. In reality, the implementation of mediation is still less effective in resolving a case, evidenced by the least of things successfully resolved by mediation. The problem that will be discussed in this research is about the effectiveness of mediation as a means of reconciling the cause, whose main goal is to reduce the number of cases, and also to know the success rate of mediation. Especially in the case of divorce in Kediri city religious court. The method used in this research is a case study, which is a research conducted intensively, detailed and in-depth to a particular organization, institution or symptom, and seeks to maintain the integrity of the object. The object of this study was mediation in the Kediri religious court about mediation on divorce in 2017. Field research as complementary. This study uses qualitative analysis by thinking inductive-analytic descriptionist-analytical as well as using the normative-juridical approach. And in collecting data using observations, interviews and document searches. Based on the results of the research, it is known that mediation in the case of divorce that occurred in Kediri religious court year 2017 ineffective. The most prominent cause of this is the strong determination of litigants to divorce
Perdebatan Maslahah Mursalah dalam Kitab-Kitab Al-Imam Al-Ghazali Mohammad Hadi Sucipto; Khotib
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v6i1.106

Abstract

Al-Imam al-Ghazali had an important role in contributing thoughts about the Maslahah. Among his books in the field of Usul fiqh is, al-Mankhul, Syifa’ Ghalil and al-Mustashfa, in his three books he writes about the Maslahah, although some are described globally in one of his scriptures while in another book is written in detail. This resulted in the scholars ' debate about the view of al-Imam al-Ghazali. In the book al-Mankhul maslahat mursalah used the term al-Istidlal al-Mursal is a maslahah that there is no recognition of a proposition as a maslahah and also no rejection as a maslahah, not including the type recognized by the Shara ' and not by the purpose desired by Shara'. In the Book of Syifa' Ghalil using the definition of maslahah that there is recognition of the Shara ' although there is no specific evidence that recognizes the Maslahah and in the book Al-Mustashfa is to keep the purpose of Shara ', the purpose of Shara The controversy of the concept of Maslahah in the three books, Imam al-Ghazali practised the Maslahah daruriyyat, Maslahah hajjiyyat in the emergency position, Maslahah hajjiyyat and maslahah tahsiniyyat that there is recognition of Shara '.

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