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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 2 (2021): EL FAQIH" : 10 Documents clear
Ketentuan Penyerahan Wasiat Wajibah Kepada Ahli Waris Yang Berbeda Agama di Pengadilan dan Pertimbangan Hakim Dalam Putusan Pengadilan Agama Bekasi Nabila Khalisha; Rahmi Zubaedah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.238

Abstract

The article discusse about the distribution of inheritance between religions through the provision of wasiat wajibah to non-Muslim husband in the Bekasi Religious Court Decision Number 0024 / Pdt.P / 2016 / PA.Bks due to the legal discovery (rechtsvinding) originating from the ijtihad method of the Court's decision Agung Number 368 / K / AG / 1995. This legal discovery (rechtsvinding) exists because the distribution of inheritance between religions is not regulated in the Civil Code, even in the Islamic Law Compilation itself, inheritance and inheritance of inheritance between heirs and heirs of different religions is not allowed. the reason is because religious differences become one of the hijabs or a barrier for someone to become an heir. This study aims to determine the provisions of the provision of a compulsory will to a person without an heir before he / she dies, and the considerations used by the judge in the Bekasi Religious Court Decision Number 0024 / Pdt.P / 2016 / PA.Bks. The research method used juridical normative, because written rules and regulations through observations carried out are closely related to the literature because requires secondary data. The research get the result from this method.
Perceraian Akibat Pandemi ditinjau dari Hukum Islam Indonesia Rina Septiani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.263

Abstract

This paper discusses divorce caused by a pandemic seen from Islamic law in Indonesia, the breakup of a marriage is something that is hated by Allah SWT, but in the Islamic legal regulations compiled into the KHI it explains several things that divorce may occur, one of which is quarrels. continuously, this research. will focus on divorces that occurred due to the pandemic that hit especially in Indonesia. This study uses a literature study with a normative-comparative analysis approach, using qualitative data to secondary data as an analysis. This study found that a prolonged pandemic has caused some people to lose their jobs so that they are no longer able to support their families, both wives and husbands are not ready to face this, then divorce is caused by the current pandemic. This is allowed because there is an element of incompatibility between the two parties and if it continues it will have a bad impact on both.
Maqashid Syari’ah Perspektif Imam Haramain al-Juwayni Ikhsan Nur Rizqi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.264

Abstract

Maqasid Syariah has an important role in finding the rules of law that are not explained in the nash, so that it can provide guidelines and rules of life for human beings in living life. This paper uses a study of literature or literature to reveal how the maqasid Syariah perspective of Imam Haramain al-Juwayni who is known as the previous scholar who first invented the theory of maqasid Syariah. al-Juwayni divides the maqasid of Sharia into two, namely, the maqasid produced from the path of istiqra and the path of ta'aqquli. Then al-Juwayni also divides the maqasid syariah into five categories, namely, dzaruriyyah, hajiyyah, tahsiniyah, Shariah which deals with matters of sunnah and Shariah which are universally reasonable but juz'i or partially which cannot be reasoned. According to al-Juwayni the purpose of the maqasid syariah is to maintain human life that there are four that first maintain the Religion, soul, lineage and property
Hukum Zakat Profesi Perspektif Majlis Ulama Indonesia (MUI) Mohamad Ma’mun
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.266

Abstract

Occupational zakat was not known at the Prophet Muhammad era until the next few hundred years. However, it should be noted that during the Prophet Muhammad era, there have been various occupations in which the income are different from the present. In ancient times, rich people usually come from trading, farming and raising livestock. On the other hand, those occupations nowadays are not usually made people becoming rich. Nowadays, several occupations have greater opportunities to bring wealth such as specialist doctors, architects and lawyers. But according to classical fiqh, these occupations are not obligated to pay zakat, even though they bring huge profits. On the contrary, the traders, farmers and ranchers who are now dominated by the poor have been obligated to pay zakat. Based on that case, contemporary Islamic thinkers suggest an idea to issue occupational zakat for the modern occupations. Meanwhile in Indonesia, the Indonesian Council of Religious Scholar (MUI) has officially issued a fatwa on the law of occupational zakat. Through its fatwa No. 3 in 2003, the Indonesian Council of Religious Scholar (MUI) stated that the occupational zakat is a mandatory.
Halal And Haram Food In Islam: Science Perspective Muhammad Ridho; Ayu Anggraini; Yoli Oktaviani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.269

Abstract

Halal and haram food is essential for the public to pay attention to Al-Quran and Hadith have regulated halal and haram food. Obeying the prohibition not to consume haram food is believed to contain wisdom and goodness for Muslims. Likewise, in science and technology, there are increasingly rapid developments. Almost all aspects have been modernized, including research in Islamic elements. Many studies have concluded the facts regarding the causes of food that Islamic law prohibited or prohibited. This research will discuss scientific reasons that haram food harms human health. Discussed the procedures for slaughtering by the Shari'a to classify the animal as halal for human consumption. This research refers to the primary sources of Islamic law, namely the Al-Quran and Hadiths, and scientific studies that prove the negative impact of haram food on human health. Based on this research, many causes are not suitable for consumption. They can endanger human health, such as the presence of harmful bacteria in carcasses, toxic compounds in blood, parasitic diseases in pigs, organ damage due to consumption of Khamr, and the dangers of consuming unprocessed meat. slaughtered according to Islamic law
Pendapat Ulama Madzhab Terhadap Denda Pada Praktik Mindringan Raja Ritonga; Endah Nopita Sari
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.328

Abstract

This research discusses about the practice of mindiringan or credit at Patiluban Mudik village Natal sub- District, Mandailing Natal Regency. Most of them work as laborer at factory, farmers, and fibrous. These works impacts their income and citizen economic, that force them to do mindiringan or credit to fulfill thie nedd every day. The practice of mindiringan or credit makes burden to them and they got fine of credit.this research is about field research by qualitative approach and the result explains as the result of observation, interviewing and documentation. Then, the data analyzes comprehensively. This research produces that the practice of credit gives the positive and negative effect for the society at the village. The positive effect is about fulfill their daily need without having money in the first time, while the negative effect is about fine if they late paying the credit in every month. There are two opinions from classical mufti about the fine in credit. First is the practice of credit is forbidden or haram because it is excessive interest or riba. The second the practice of credit is allowed for whom able to pay but they postpone it in paying and for whom are not able to pay it is forbidden.
Ketentuan Pelaksanaan Bimbingan Perkawinan Pada Masa Pandemi Covid-19 Mohammad Adi Prasetiyo; Ahmad Hafid Safrudin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.432

Abstract

Marriage is an event that has a very strong bond and must be fully guarded. In order for a marriage to last without divorce, a harmonious family is needed or commonly referred to as a sakinah mawaddah warahmah family. For this reason, in order to reduce divorce rates and increase families who are sakinah mawaddah warahmah, the Ministry of Religion has created a Marriage Guidance program (bimwin) or also called suscatin (bride candidate course) which is a short program that provides education and understanding about marriage for prospective brides and grooms. marry and live it in the future. This study uses a moderate qualitative approach. The type of research is field research. The results of the research that Marriage Guidance is a program from the Ministry of Religion as stated in the Decree of the Directorate General of Islamic Community Guidance (Dirjen BIMAS) Number 379 of 2018 which in this case must be submitted to the bride and groom. Given the importance of marriage guidance for prospective brides and grooms, KUA continues to provide guidance both before the pandemic and during the COVID-19 pandemic.
Aspek Hukum Dalam Likuidasi Bank Miftakhul Huda
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.433

Abstract

In this study we can analyze about, the definition of bank liquidation, duties, authorities, and responsibilities of the liquidation team, factors causing bank liquidation, aspects about the level of bank health, assessment of CAMELS factors, impact of liquidity risk on banks. The result is defined by bank liquidation. Liquidation is the ability of banks to meet their debt obligations, be able to repay all their deposits, and be able to fulfill credit requests submitted by debtors without delay. Duties, authorities, and responsibilities of the liquidation team such as registering and announcing dissolution in bank law by detailing, conducting an inventory of bank assets and liabilities in liquidation, determining the method of liquidation. The cause of bank liquidation as well as aspects concerning bank health is the result of qualitative reviews of various aspects that affect the condition or performance of a bank through quantitative assessments and or qualitative assessments of capital, asset quality, management, profitability, liquidity and sensitivity to market risk factors. The assessment of the CAMELS factor is that banks are required to carry out business activities based on the principle of caution in order to maintain or improve the soundness of the bank. Commissioners of bank directors are required to monitor and take the necessary steps so that the soundness of the bank can be met. And the last impact of liquidity risk on banks includes, the impact on shareholders, the impact on employees, the impact on customers and the impact of the economy.
Praktik Simpan Pinjam Di Bank Sampah Kota Kediri Dalam Perspektif Hukum Ekonomi Islam M Uzeir Mustaqfirin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.434

Abstract

The purpose of this study is to find out the practice of saving and borrowing conducted by The Melati Garbage Bank given Islamic economic law. By using qualitative approaches and techniques of member chek and triangulation this research resulted in the conclusion that saves and borrows at Bank Sampah Melati and Bank Sampah Sri Wilis using an interesting system. In Islam, interest is equated with riba which is illegal, but the practice of saving and borrowing in the Melati Garbage Bank and Sri Wilis Garbage Bank has shown improvement. Interest on deposits aims to generate the excitement of members to save. While in the loan activities are helpful to members who need financial assistance and the interest rate is relatively low
Pemikiran Imam al-Ghazali Tentang Hukum Islam Zakiyatus Soimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (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.v7i2.435

Abstract

The study aims to find out the extent of Imam al-Ghazali's legal thinking. Using qualitative approaches and literature studies, the study resulted in the conclusion that Imam al-Ghazali's method of legal excavation consisted of semantic, contextual, and textual approaches. The contextual approach of delving into the problem of iqtida, isharoh, lafad, understanding the law of its illat, understanding the meaning behind the spoken word and mafhum. A textual approach that addresses qiyas. The concept of ijtihad Imam al-Ghazali provides opportunities for Muslims who have the ability to arrive at the mujtahid position to preach. The concept of mujtahid not only stops at absolute mujtahid, but also includes mujtahid muqayyad which requires only some capacity on certain things

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