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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
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Search results for , issue "Vol 8 No 1 (2022): EL FAQIH" : 10 Documents clear
Omnibus Law dan Pengelolaan Ziswaf di Indonesia Muhamad Wildan Fawaid
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.322

Abstract

The Ombibus Law (UU Cipta Kerja) was created to facilitate the flow of investment and a healthy entrepreneurial climate in Indonesia, by cutting various kinds of bureaucratic rules that overlap and are mutually counterproductive. The Job Creation Law only focuses on employment and investment and does not clearly emphasize the position of Ziswaf which should be used as other income apart from taxes. The actual Ziswaf potential is far greater than the tax itself. This study uses a descriptive analysis method, with common law legal theory which is trying to be applied in civil law countries. Indonesia should be able to learn from the countries of Malaysia and Singapore which have succeeded in making Ziswaf as another source of income apart from taxes. Even though their country is common law and the population is much less than Indonesia. The government is still looking at the use of cash waqf for investment rather than thinking about uniting all the strengths of LAZ in the Baznas body and managing it professionally. It is not impossible that with such management, Indonesia will achieve its target of 233 trillion zakat potential.
Urgensi Penerapan Hukuman Jinayat Mati Terhadap Pelaku Tindak Pidana Di Indonesia Dalam Perspektif Hukum Islam Eva Diah Pitaloka; Lili Kartika; Baidhowi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.440

Abstract

The application of the death sentence on criminals often remains a problem, questioning the urgency of the execution with inhumane significance. But in reality the death penalty in Indonesia has arranged to be issued on death certificates for specific crimes only. In islamic law the death sentence itself is a just punishment or qishas with a purpose for the betterment of society. The death penalty was given either by law or by enrollment in islamic law for the purpose of enunciating. The purpose of this writing was to discuss the history of the death penalty along with the corresponding criminal form and the islamic law's view of execution. The methods used were literature literature literature with data of legislation, expert opinion and verses of the Koran. The study results in that the death penalty can be applied or allowed in full compliance to the requirement that a criminal act be banned and that the concession arrangement in other words corresponds to what it does because it violates the rules of society.
Kewenangan Memutus Sengketa Lembaga di Dalam dan di Luar Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sri Warjiyati; Novan Mahendra Pratama; Moh. Haliliyanto
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.450

Abstract

This article is about who should have the authority to decide disputes between State Institutions. The 1945 Constitution of the Republic of Indonesia implies the existence of Main State Institutions in the 1945 Constitution of the Republic of Indonesia. Outside of the 1945 Constitution of the Republic of Indonesia, there are various forms and legal basis of Supporting State Institutions. Supporting State Institutions should support the duties of the Main State Institutions so that there is no miss-cooperative. In the 1945 Constitution of the Republic of Indonesia, the Constitutional Court has attribution authority based on Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia and reaffirmed in Article 10 paragraph (1) letters a to d of the Law. Law Number 24 of 2003 concerning the Constitutional Court. Where the Constitutional Court has four powers, one of which is to decide disputes over the authority of state institutions whose authority is granted by the Constitution. The Indonesian nation, which adheres to a presidential system of government, also shows that the President, apart from acting as the Head of Government, can also act as the Head of State. In the case of the Head of State, it is not known what powers the President has. Therefore, this article tries to answer from a different point of view, who has more authority to decide disputes between the Main State Institutions and the Supporting State Institutions.
Penentuan Arah Kiblat Menggunakan Rubu' Mujayyab Muhammad Ansori; sapri ali
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.473

Abstract

The problem is the variety of tools used in determining the direction of the Qibla, both classical and modern, for example using a special stick, Global Qibla Rashdul, local Qibla rashdul, theodolite, miqyas, rubu 'mujayyab, theodolite, GPS (Global Positioning System) and others. So that the figures of astronomy sometimes differ in terms of determining the direction of the Qibla. The more sophisticated these tools, the higher the azimuth data accuracy will be. With the development of time found a tool that shows the direction of the wind called a compass. The compass is made of a magnetic needle which consists of two poles, namely the north and south poles and is equipped with a protractor, so that this compass pointing tool is very useful for Muslims and can determine the Qibla direction. Departing from the description above, the author is interested in discussing one of the classic tools, namely the rubu 'mujayyab which has been used for years by falaq experts among Islamic boarding schools, this of course has weaknesses and strengths. In this study, the issue discussed is how is the accuracy level of determining the Qibla direction using the rubu 'mujayyab? What are the advantages and disadvantages of determining the Qibla direction using rubu 'mujayyab? The type of research used by this author is classified as qualitative, which aims to better understand the rubu mujayyad where the primary data is data obtained directly from observations, the book of durussul falakiyyah and secondary data are all documents in the form of books, writings, journals, papers related to the object study. The findings from this research are that when the practice of measuring the Qibla is not the same, there is a difference of about 0˚ 8′ 52.42ʺ which if made in meters from the east to west line distance which is both 9 meters produces a difference of about 0.03 meters . According to the author, this is still within reasonable limits or allowed deviation categories. maybe this is due in part to the advantages and disadvantages of each of the two tools. The advantages contained in the rubu 'mujayyab is more accurate because it relies on direct sunlight. While the lack of rubu 'mujayyab, the data on rubu' mujayyab is limited to degree data, so it requires accuracy from people who calculate, only astronomers can do it, cannot be used in cloudy conditions and so on.
Pembayaran Zakat Fitrah dalam Tradisi Metraen Bhekal Bineh di Bangkalan Madura Perspektif ‘Urf Galuh Widitya Qomaro; Nia Ningsih
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.540

Abstract

The metraen bhekal bineh tradition in Banyuajuh, Bangkalan, Madura requires prospective husbands to pay zakat fitrah for their prospective wives in the form of money or rice. This study aims to determine the practice of the metraen bhekal bineh tradition and to find out the review of Islamic law on the metraen bhekal bineh tradition in Banyuajuh, Bangkalan, Madura. This research is a field research with qualitative methods and a sociological juridical approach. Sources of data used are primary data and secondary data. Data collection techniques through observation, interviews, and documentation were analyzed using the inductive method. Based on the results of the study, it can be concluded that the metraen bhekal bineh tradition in Banyuajuh, Bangkalan Madura in terms of Islamic law is permissible because it is a tradition that grows and develops with good values ​​in society. The husband's obligation to pay zakat fitrah for his future wife is a customary obligation, not an obligation as required by Islamic law.
Hillah Hukmi dalam Pengembangan (Legal Reform) Fatwa DSN MUI Tentang Pelaksanaan PPR Inden Syariah Azhar Muttaqin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.548

Abstract

This article discusses Hillah Hukmi in the context of developing the Fatwa of DSN-MUI regarding the implementation of the Sharia Inden PPR. The focus of the study is on analyzing indications of the use of hillah hukmi in the way the DSN-MUI stipulates a law. Especially in fatwa 101/DSN-MUI/X/2016 regarding the al-Ijaarah al-Maushuufah Fii al-Dzimmah contract or commonly abbreviated as IMFD. The research method used is qualitative by conducting content analysis which is commonly used in library research models with a normative juridical approach. This article finds that in the development of the fatwa of DSN-MUI in order to support the development of Islamic financial institutions, it is indicated to use the concept of hillah hukmi. This can be seen when the implementation of the Indent PPR Sharia is allowed using the Ijaarah al-Maushuufah Fii Dzimmah (IMFD) contract. DSN-MUI issued the fatwa because it was considered an alternative that could solve the problem of Indent PPR which was often hampered, and also became a complementary contract to the Musyaraakah Mutanaaqishah (MMQ) and Ijaarah Muntahiyah Bi Tamliik (IMBT) contracts. IMFD is indicated to contain hillah because the terms and substance of the contract are different. Namely, making the lease contract as the basis for allowing home ownership even though the essence of the contract is the sale and purchase of greetings. Qualitatively, this article reveals how the legal development carried out by the DSN-MUI in this way, especially in order to respond to public demands for the issuance of a fatwa that is able to accommodate the need for ownership of indent houses based on sharia principles.
Fikih dalam Tafsir Berbahasa Sunda Siti Novi Nafisah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.555

Abstract

This article discusses the interpretation of fiqh verses in Sundanese Interpretation Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi. By studying the law of fiqh we can know which rules to follow and know the limits. The law of fiqh can also be the basis of behaving and referral in making decisions. Interpretation of the Qur'an by local scholars who developed in Indonesia many who use the language of the region, one of which is Sundanese. Therefore, it would be interesting if this study discussed of the fiqh pattern in Sundanese interpretation. This research is a type of library research. Through a descriptive method approach, the author describes how the interpretation of some fiqh verses written in Sundanese in Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an. The primary source of this research is Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi written in Sundanese pegon scripts. The aim that the writer wants to achieve in this study is to find out how the characteristics of the fiqh pattern in Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi.
The Fiqh Views On The Impacts Of Pornography And Pornoaction On Physical And Mental Health Meirison .; M. Adil Syafi'i; Mayang Putri
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.556

Abstract

Pornography and porno-action occur because of modernization and globalization, impacting social life. Islam as an early doctrine serves to solve problems, so many verses of the Qur'an and hadith regulate clothing communication between men and women. Pornography and pornography in the perspective of Islamic law are prohibited; this is based on several verses in the Qur'an and several hadiths of the Prophet Muhammad, which expressly prohibit them. This is inseparable from the development of human culture. By conducting a literature review and qualitative approach, it was found that pornography damages religious morals and human morals and spreads to the human body itself, which will disrupt the human nervous coordination system controlled by the brain. This is difficult to stop because pornography is part of a commodity that generates billions of rupiahs. Sometimes pornography has also developed foreign exchange for countries that produce and trade it officially. Pornography can not only damage children's minds and mentality but can also be fatal for adult human brains. Keywords: Influence, pornography, health, fiqh
Aspek Hukum dalam Transaksi Jual Beli dengan Sistim Kredit dan Korelasinya dengan Perilaku Konsumsi Muslim Miftakhul Huda
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.559

Abstract

The credit buying and selling system has an effect on both the seller and the buyer. There are those who feel that they are harmed, benefited, are equally harmed or are equally harmed. In this case, the seller and the buyer must both benefit, so that neither party feels disadvantaged. When both parties benefit from each other, the rural economy will run smoothly. The rural economy is currently able to develop, one of which is because of buying and selling on credit. So that the funds owned by the community are not solely used to buy or consume goods and services, but can also be used for other needs in order to get multiplied results, such as investment, and can also be used to save as future savings. However, there are two kinds of buying and selling credit, namely buying and selling credit that is allowed and buying and selling credit that is forbidden. Buying and selling credit that is allowed is buying and selling according to Islamic law, while buying and selling that is forbidden is buying and selling that is forbidden by Islamic law. Therefore, people, especially in rural areas, must be good at sorting out transactions that are included in the law of buying and selling credit and those that are prohibited from buying and selling credit, so as not to deviate from muamalah according to Islamic views.
Praktik Pengelolaan Limbah Industri Dalam Perspektif Maqasid Syari’ah Suci Suryawati
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.603

Abstract

The existence of an industry is very synonymous with the presence of waste. Waste if disposed of carelessly will cause pollution to the environment and will affect human health. Therefore, to avoid pollution, management is needed to minimize the impact of the waste. As well as the management carried out by tapioca flour producers in Kaliboto Village, Tarokan, Kediri, although management efforts have been carried out, there is still pollution found. Based on these problems, the focus of this research is how waste management practices in the tapioca flour home industry of Kaliboto Village, Tarokan District, Kediri Regency in the perspective of maqasid syari'ah. This research is a case study using a qualitative approach. The primary data source in this study is the results of observations and interviews with tapioca flour home industry managers, village governments and local communities. The result of this study is that there are several efforts that have been appropriate or not in accordance with the value of shari'ah maqasid. First, from the value of hifdz an-nafs that have been appropriate, namely maintaining health by increasing the productivity of livestock through feeding that contains high nutrition and meets the needs of life by managing waste. The management that is not yet appropriate is the lack of maximum management of liquid waste so that it can endanger yourself and others. Second, from the value of hifdz al-mal, namely obtaining property in a good way through waste management so that it can get additional income and open new businesses.

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