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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 2 (2022): EL FAQIH" : 10 Documents clear
Philanthropy Kepada Non Muslim Dan Pengaruhnya Terhadap Pluralisme Kaum Muslim (Perspektif Maqashid Syariah) M Soleh Mauludin; Zakiyatus Soimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.479

Abstract

This research aims to see the extent of maqashid sharia's view of philanthropy practices in the form of the construction of livable houses carried out by Jamaah Thoriqoh Shiddiqiyah towards underprivileged non-Muslim communities, as well as its influence on the pluralism of the surrounding Muslim community. With a qualitative approach, and using the theory of pluralism and philanthropy, this study resulted in the conclusion that the Muslim community around the construction site of livable houses participated in this movement and experienced a change in attitude. If originally they tended to limit themselves from all activities and traditions involving non-Muslims, then now they are experiencing a change to be more active and willing to blend in with people with different backgrounds. In the view of Maqashid Sharia, this reality is able to maintain the continuity of soul, property, and religion
The Concept of Maqasid Sharia According to Jasser Auda Andri Sutrisno
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.707

Abstract

Maqasid Sharia is a very important theme in the discourse of Islamic thought in this contemporary era. In classical times, this science became part of the science of ushul fiqh, but in the present, it has stood alone as a scientific discipline in Islam. This can be seen in the contribution of thought made by Jasser Auda to make the science of maqasid Sharia a form of a principle, higher intents, and basic values of Sharia in the context of a movement to answer a problem of the times that have changed from time to time. This is done to make maqasid Sharia a form of reform of a new paradigm and ijtihad so that Islam becomes a religion that is always high, and there is no other religion higher than Islam. For that, in this study. Researchers use a descriptive qualitative approach with the type of literature research. Where in the process of collecting data, researchers conduct research by reading and analyzing Jasser auda books and several books, and journal articles to support outlining data on the concept of maqasid sharia Jasser auda perspective. The conclusion of this study is that Jasser Auda is a Muslim intellectual born in Cairo, Egypt, and is currently Jasser Auda is the director and founder of the maqashid research center in London, England. His books discuss a lot about the science of maqasid Sharia to answer the problems of this contemporary era. That the epistemology of maqasid Sharia according to Jasser auda must have four meanings, namely wisdom behind a law, a good ultimate goal in formulating laws, having a goal to Allah Swt. as well as the purpose of moral concepts that are the basis for making laws, and providing a value as well as a principle of humanity in human life.
Zakat Profesi Perspektif Dewan Hisbah Persis Mohamad Ma’mun; Mu’min Firmansyah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.726

Abstract

The term professional zakat is a contemporary treasure, because at the time of the Prophet Muhammad Saw, was not yet known this term. Yusuf al-Qardhawi was a cleric who introduced the zakat of this profession. Because it is a contemporary scholar for which there is no express answer in the Qur'an and Hadith, the discussion of zakat profession is interesting and there are several different opinions. Some say mandatory, some don't, and some give input to professions that generate money income are subject to mandatory. Persis through its Hisbah council gives a legal decision, that there is no obligation to zakat profession. Zakat is a worship whose legal determination must be through the Qur'an or al-Hadith. Meanwhile, in both verses are not found. However, Persis provides provisions, for professions even though they are not subject to mandatory zakat, but are subject to mandatory philanthropy whose nominal amount is adjusted to the needs of Muslims.
Distribution of Zakat and The Empowerment of MSMEs in Bandungrejo: Experience of BAZNAS Malang Galuh Widitya Qomaro; Maya Lestari
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.730

Abstract

Zakat is the main pillar that has a role for the Islamic economy. BAZNAS Malang has a very important role as a means of community welfare. One of them is for the Bandungrejo MSME community by distributing empowerment-based work tools. The research method of this article is qualitative. The main subject of MSMEs in Bandungrejo who received an empowerment program from BAZNAS Malang. Information was obtained through documentation, observation and interview techniques, as well as deductive data analysis techniques. The empowerment of MSMEs in Bandungrejo is carried out continuously. program planning that has been prepared must be able to function as a driving force so as to create a holistic community empowerment program. The existence of this program is also in line with the Islamic law, Law Number 23 of 2011 about Zakat Management and Government Regulation Number 14 of 2014 about Implementation of Law Number 23 of 2011 about Zakat Management which prioritizes the utilization of zakat for the welfare of the people and poverty alleviation. The economic empowerment of the people has been achieved based on the right and good goals and objectives. The author suggest for developing community resource training programs and special assistance so that the empowerment program runs optimally because cooperation from all elements of the government, private sector and community is able to maximize the welfare of the community.
The Relevance of Maqashid Sharia in Green Economy (Study of Coastal Tourism Area Mangrove Park Labuhan, Bangkalan-Madura) Fiki Andrean Yahya; Nasrulloh Nasrulloh
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.731

Abstract

Bangkalan Regency has various kinds of tourism potential, especially coastal tourism. One of the coastal tourism that has the potential to be developed is the Labuhan Mangrove Tourism. These attractions have several potentials including strategic locations, exotic views, and as a means of public education. This causes the need for a system or concept of coastal tourism management that is appropriate and can be implemented. The purpose of this research is to implement the green economy concept as an alternative solution for coastal tourism management and to maintain the conservation of the surrounding natural environment so that it runs in harmony and sustainability in order to maintain the sustainability of the local community's economic system. This research used descriptive qualitative method. Data were collected through observation, documentation, and interviews with local governments, tourism managers, visitors and the surrounding community. This data is then recorded and strengthened through literature study. The results showed that the implementation of sustainable development of coastal tourism at the Labuhan Mangrove tourism object through the application of green economy concepts including planting mangrove seedlings, conserving coral reefs, providing landfills for final disposal in the tourist environment of Labuhan. The construction of embankments around the coast is also important to minimize coastal abrasion. Environmental protection is also included in the protection of religion, because Islam forbids all actions that destroy everything on earth. Protecting the earth by not using it will ensure human survival and at the same time carry out religious orders
Analysis of Poverty Alleviation Through Family Hope Program (PKH) In Maqashid Sharia Perspective Muhamad Wildan Fawa’id; Yopi Yudha Utama
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.757

Abstract

The Family Hope Program (PKH) is a program for providing conditional social assistance to poor and vulnerable families registered in the integrated data of the poor care program. The Family Hope Program (PKH) in Nganjuk Regency rolled out from 2013 in 20 sub-districts with a total of 55,000 beneficiary families (KPM). This study aims to provide an overview of poverty alleviation through the Family Hope Program (PKH) in Nganjuk Regency, as well as to see the gap in policy recommendations. This research uses qualitative methods with a policy approach including policy formulation, policy implementation and policy implications. This research resulted in several recommendations to social services in poverty alleviation through the Family Hope Program (PKH). First, the spirit in implementing the Family Hope Program (PKH) is valid poverty data, but the validity of poverty data is still homework that has never been completed to this day. Second, there has not been good cooperation between government institutions, even though the Family Hope Program (PKH) is like an orchestra, between one institution and another, in this case the Social Service, Education Office, Health Office, Population and Civil Registry Office, BKKBN, and the Ministry of Villages must synergize with each other. Third, the Family Hope Program (PKH) has goals that are in line with Maqashidu Syariah, but in terms of Hifdzu Diin (Maintaining Religion) it has not been fully implemented by PKH Assistants for various reasons. In conclusion, poverty data can be validated as accurately as possible through the village level with an integrated application. Ideally the state has one intact poverty indicator that can be used for a variety of purposes. The Whole of Government (WOG) needs to be improved for ease of access and acceleration of poverty alleviation.
Analysis of Maqashid Al-Syari'ah in Supporting the Family By Begging in Panyabungan Mandailing Natal District Raja Ritonga; Khairani Rangkuti
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.761

Abstract

Fulfilling family maintenance is an obligation for a head of family. In fulfilling this living, it must be carried out with full responsibility and prioritizing halal and thoyyib. However, some fulfill the needs of their family by begging in a certain mode. The purpose of this research is to explain the maqashid al-shariah analysis of fulfilling family income by begging. This research is a field study in Panyabungan, Mandailing Natal. In collecting data, researchers conducted observations, interviews and documentation. Furthermore, the data findings were analyzed descriptively with maqashid al-shari'ah. As a result of the findings, beggars who do their job to provide for their families are grouped into three types, namely (1) begging with physical and mental disabilities, (2) begging by pretending to be disabled, (3) begging involving other family members. In the maqasid al-shariah analysis, it is permissible that people beg because they are mentally or physically disabled and do not have anyone else to support themselves and their families. Meanwhile, begging by pretending and involving other families is not justified, because it eliminates self-dignity and dignity.
Penetapan Denda Pada Akad Tabarru Saipul Azis; Rozalinda
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.766

Abstract

Tabarru and 'Ariyah have a relationship as a unit where 'Ariyah is a contract that is part of the Tabarru contract, namely a contract intended to do good without any strings attached to compensation. Famous fines are found in commercial matters, this becomes a problem when fines are inserted or even applied to the 'Ariyah contract, which incidentally is a contract that is meant to only hope for the pleasure of Allah. The method used in this study is to use a qualitative method where the operational research is in the form of descriptive which emphasizes understanding the meaning of an object. The data sources used are in the form of literature and articles that have relevance to the research, the data collection technique used is literature study, and data analysis techniques are carried out in the form of reduction, presentation, and conclusion of data. The results of the study show that some scholars allow fines because there are many arguments ordering them to keep the contract (agreement), and in terms of Fath al-Dzari'ah can implement fines on the tabarru contract which is a legitimate thing to do and does not violate the terms of the contract. So that in determining fines on the contract of Tabaru it is permissible with the intention of doing good and not causing harm to the parties involved
Forced Marriage In The Perspective Of Islamic Law In Bacem Village Sutojayan District, Blitar District M. Firdaus Alwi Mahbubi; Ahmad Hafidz Safrudin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.812

Abstract

Marriage is a sunnah of Rasulullah SAW, although there are also marriages that are carried out by forcing children to marry someone of the parents' choice. This happened in the village of Bacem, Sutojayan sub-district, Blitar district. In this society, if we look closely at the objects (children), they are sometimes dissatisfied with their parents' choices. On the other hand, if their children choose their own life partners, the parents do not approve of that choice, and the parents may try to hinder their children's relationships with material and non-material pressures. So it seems that children do not have the right to choose the life partner they want. In this case, the practice of forced marriage is that most children are without consideration and are immediately married off by their guardians, and because the environment is religious and most understand or are knowledgeable about religion, they do not want to disappoint their parents and family and in the end they choose to obey their parents and try to understand each other even though it takes a long time to maintain their household. While the impact of forced marriage in general is the need for a long adaptation to understand each other to achieve the goals of marriage. The practice of forced marriage of this kind when viewed from the perspective of Islamic law is still valid according to the Imam Syafi'i school of thought, but is accompanied by various requirements.
Analysis Of Islamic Law And The Book Of Criminal Law In Collection Of Criminal Actions Samuji; Rusmiyah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.813

Abstract

In social life, the rules of society are generally governed by a law or regulation that guides action and behavior which is embodied in orders and prohibitions. However, it seems that orders and prohibitions alone are not enough to leave bad deeds, therefore it is necessary to have norms such as religious norms, moral norms, politeness norms, and legal norms. There are four combined theories of committing a crime according to the Criminal Code, namely: first, Stelsel Absorption, Second, Sharpened Stelsel Absorption, Third, Stelsel Cumulation, and fourth Stelsel Cumulation. Whereas Islamic law views that the combination of punishments arises as a result of a combination of committing several criminal acts where one of these actions has not yet received a final decision. Islam recognizes the existence of combined theories of committing criminal acts but these theories are not used absolutely and are limited by the theories of at-tadaahul (inclusion) and al-Jabbu (absorption). Based on the two theories above, in its implementation it is inseparable from the three combined forms of committing a crime, including: a combination of several fingers where all the punishments are pure Allah's rights, a combination of several fingers where in the punishment there are God's rights and adami's or slave's rights, and a combination of several jarimah where the punishment is a pure adami right. Meanwhile regarding the Criminal Code's view of the joint problem of committing a crime, that the provisions regarding this matter have been regulated in articles 63 to 75 of the Criminal Code. In these articles, it has been explained how the system of punishment for someone who has committed a combined crime has been committed.

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