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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 10 Documents
 1 
Search results for , issue "Vol 7 No 1 (2021): EL FAQIH" : 10 Documents clear
Maqashid Syariah Perspektif Izzudin Abdi Salam Moh. Alfin Sulihkhodin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.197

Abstract

The rapid development of legal problems in the paradigm of human life requires scholars and jurists to always try to find the basic rules of Islamic Law, the order to make a renewal and new adjustment to the needs of the times which are always evolving from time to time. No doubt if the jurists are like Imams al-Ghazali, al-Juwaini, as-Syatibhi, Najmuddin at-Thufi, Izzudin Abdi Salam, Khalid Abu el-Fadhl, Muhammad Syahrur, as well as other scholars continue to strive to carry out Ijtihad, in the field of Maqashid Sharia in Particular. This qualitative research using the literature study approach seeks to explore the concept of maqashid sharia gradation which was coined by Sheikh Izzudin Abdi Salam. Where according to the idea it can be understood that, all forms of Sharia are made as an effort to bring benefit and reject mafsadat. Whether worldly or ukhrawi. It can also be understood that, this maqashid gradation is more emphasized on everything that is haqiqi and majazi in nature. Don’t be emphasizing the aspects of Dharuri, Hajj, or Tahsini. So, that in the end everything is done with hope (strong suspicion) not in certainty of all forms of mukallaf deeds.
Membedah Kedudukan Maqashid Syariah Dalam Fatwa MUI Tentang Jual Beli Emas Secara Tidak Tunai Menurut Teori Pendekatan Sistem Jasser Auda Muhamad Izazi Nurjaman
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.243

Abstract

This study describes a discussion about dissecting the position of maqashid syari'ah in the provisions of the MUI fatwa regarding the sale and purchase of gold without cash according to the theoretical perspective of the Jasser Auda system approach. By using the literature study method to collect factual information on theme or topic to be or is being researched. This research tries to explain the fact that the systems approach theory echoed by Jasser Auda, is not only a standard theory but an elastic theory. That is, it can be implemented in legal provisions by means of a surgical process through the application of the six element method which is the criteria. So that the position of the maqashid of sharia can be found its position and of course the legal provisions can be enforced in people's lives to a wide range. Indirectly, the theory of Jasser Auda's system approach is a tool or scale in dissecting the position of maqashid sharia against the legal provisions that have been set or will be enforced.
Pendekatan Sejarah Dalam Hukum Wakaf Imam Hanafi Laila Afni Rambe; Sitta 'Ala Arkham
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.249

Abstract

Historical approach is a method used in analyzing a problem. In this paper the historical approach is used to look at the factors that influence the opinion of Imam Hanafi on the position of ownership of waqf property. According to the opinion of Imam Hanafi when a waqf endows his property, it does not make the transfer of ownership of the waqf property. Until the endowment property still belongs to a wakif even though the property has been endowed. After a study, it was concluded that Imam Hanafi's opinion was influenced by his past history as a trader. In addition, the State of Iraq, where he lived, was far from the source of hadith in the time of the Prophet, so Imam Hanafi was more dominant in using Ra'yu in viewing and establishing the law on an event that occurred.
Kontekstualisasi Riba dalam Jual Beli Emas Online Iis Muala Wati
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.253

Abstract

This article aims to analyze the online gold buying and selling carried out by mini gold distributors. This research is important to study because now gold can be purchased online starting from 0.05 grams, gold has a good hedge against inflation, and there is a lack of public awareness about the practice of usury in buying and selling gold. Therefore, this legal have incident should be examined. This research is a type of qualitative research with a descriptive analysis method and a juridical-empirical approach. The data used in the form of theories related to this research, as well as interviews with national mini gold distributors. In addition, there are secondary data covering several previous studies. The results of this study indicate that the mini gold distributors are divided into three groups. First, absolutely no buying and selling of gold online. Second, buying and selling gold online with a wakalah contract, or assisted by a courier. Third, buy and sell gold online as usual. In buying and selling gold with gold, there are three conditions that must be met, namely: cash. In that instant, without delaying a moment; mutual handover at the place of sale and purchase; the size is the same, that is, it must match the same scales. However, if gold is with money, there are only two conditions, namely: cash and direct handover.
Menelisik Nikah Beda Agama di Indonesia dalam Kajian Yuridis Normatif Asman
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.262

Abstract

Interfaith marriages are raised in a public discussion space so that it makes you curious to review until now there is no point of contact and there are still those who marry different beliefs, so that the statutory regulations that have been determined or stipulated are pros and cons in the opinion of academics. This research uses a normative juridical approach as normative legal research. This research is to describe the problems in the literature review in the analysis in the concept of the review of the Marriage Law and the analysis of the concept in the review of Islamic law. And in this discussion the focus is on: What is the perspective of Islamic law on marriage with different faiths? What is the perspective of national law on marriage with different faiths? The results of this research are First, the principles of fiqh conclude that interfaith marriages can lead to apostasy for Muslims, Second, in the maqashid syariah principle it is better to avoid interfaith marriages for the benefit of personal and family benefits.Third, in Islamic principles it prohibits different marriages. belief, as described in the Koran in surah al-Maidah verse 5.
Analisis Penggunaan Produk Kecantikan sebagai Strategi Pemasaran Syariah dalam Keputusan Pembelian Konsumen oleh Karyawan Zahra Swalayan Kepung Kediri Perspektif Hukum Islam Ninis Umi Rahmatin; Siti Kalimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.270

Abstract

Islam does not prohibit the use of beauty products or cosmetics to beautify oneself. Allah loves beauty and cleanliness, and Allah loves women who are able to take care of themselves, namely keeping themselves clean and beautifying themselves with everything that is lawful. This research is a descriptive study with a qualitative approach. This type of research is empirical research. Based on the results of the research, it shows that Zahra supermarket does not make beauty products as a sharia marketing strategy, but the use of beauty products used by female employees has little influence in the field of sharia marketing strategies carried out by Zahra supermarkets in Kepung, Kediri. The marketing strategy that is carried out really prioritizes honesty and holds promos on some of the products it sells to attract consumer interest.
Maqashid Nikah Menurut Imam Al Ghazali Dalam Kitab Ihya Ulumuddin Purnomo; Moch. Azis Qoharuddin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.275

Abstract

The purpose of doing this research is to find out about the purpose and purpose of marriage applied by Imam Ghazali in the book of Ihya' Ulumuddin. Judging from the type of research is classified as library research, which is theoretical and philosophical. Its research methods include data sources and data collection. The method of data collection is done by means of literature studies. The method of data analysis using the deductive thinking method is to draw conclusions from a problem based on things or events that are common to a specific conclusion. Let the husband and wife before marriage study the science of religion related to marriage so that each right can be exercised, because how can he know the rights of each other if without the basis of religious knowledge. By knowing the science of religion, God willing the family will be awake from the fire of Hell. Let a husband patiently face the treatment or akhlaq of an unwise wife, for no matter what reason a woman is not equal to the man's mind.
Analisis Hukum Islam Tentang Tabarruj Pengantin Wanita Di Pesta Pernikahan Di Desa Bukaan Keling Kepung Kediri) Aflah; Ahmad Hafid Safrudin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.276

Abstract

The wedding party is a moment awaited by every bride and groom who has finished carrying out the consent qabul. After the completion of the Kabul consent ceremony, the husband and wife who have carried out this sacred moment will wait for the wedding and bring in the guests, relatives, friends, family, colleagues, friends, who are treated to various dishes both food and drink as a symbol of happiness as a sign of happiness. at a wedding reception. While in wedding parties these days, many bridal couples want this sacred moment to not only run mediocre, but sometimes there are restrictions who deliberately want to show their glory, beauty and beauty so that they go beyond the limits of reasonableness, even if they are prohibited from shari'ah. lunge. This is what makes this research study raise the style patterns of the bride and groom in Kediri openings. Appearing jewelry and displaying the bride with her beauty (tabarruj) at a wedding in the village of Buka has become a tradition because it follows the listiadat customs of their ancestors, if such a tradition in the Islamic response is allowed or has gone too far beyond the limits of reasonableness.
The Impact of Unauthorized Guardian Divorce on Shared Property from A Juridical And Sociological Perspective Zakiyatus Soimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.290

Abstract

This study aims to see the extent of the impact of the breakup of marriage due to unauthorized guardianship on shared property. Using qualitative research and normative juridical approach, this study concluded that as long as the property is obtained during the marriage period, by Law of the Republic of Indonesia Number 1/1974 on Marriage, then automatically the property obtained is joint and divided in two between husband and wife.
Islamic Law’s View of Monopoly And Its Impact on Monoplistic Practices in Indonesia M Soleh Mauludin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.301

Abstract

This research aims to examine how Islamic law views the concept of monopoly, as well as the impact of that view on monopoly practices in Indonesia. Using a descriptive qualitative approach, this study concluded that Islamic law's view of monopoly influences monopoly practices in Indonesia. The practice of monopoly in Indonesia takes the opinion of Islamic law which states that monopolies are allowed as long as it has a positive impact on society. This opinion is then applied in government policy to monopolize certain business areas, where the goal is to meet the needs of the community for primary goods at a reasonable price. The limitation of this study is that it does not analyze other factors that influence the government's monopoly policy. Keywords: Islamic law, monopoly

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