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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 19 Documents
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Search results for , issue "Vol. 10 No. 2 (2024): EL FAQIH" : 19 Documents clear
Peran Lembaga Amil Zakat dan Sedekah dalam Pengentasan Kemiskinan di Indonesia Nilawati; Ikhwan; Zulfan
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1473

Abstract

This article aims to analyze the potential contribution of zakat in Indonesia with several key focuses. First, the research will explore the impact of using zakat and charitable funds on the economic growth of Indonesian society. Second, the study will examine the influence of inflation rates on economic growth. Third, this research will investigate the methods used by zakat management institutions in Indonesia to distribute ZIS (zakat, infaq, and sedekah) funds and their impact on Indonesia's economic growth. The data for this study is obtained through articles, books, and documents. Meanwhile, document analysis is conducted to acquire data related to the instruments and media used by institutions to distribute zakat based on Sharia principles. The study finds that the distribution of zakat, infaq, and sedekah (ZIS) to the eight groups of beneficiaries, as prescribed in Islamic law, includes the poor, amil, converts, those in bondage, debtors, those striving in the path of Allah, and wayfarers. These groups are emphasized in Islamic teachings. Regional BAZNAS (National Amil Zakat Agency) is responsible for managing and distributing infaq and other religious social funds while adhering to Islamic legal principles and fulfilling the objectives expected by donors.
Perspektif Fiqih Minoritas Yusuf Al-Qardhawi Dalam Penentuan Awal Waktu Salat Di Daerah Kutub Zavitri Galuh Prameswari; Mahsun
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1480

Abstract

This study discusses the determination of the beginning of prayer times in polar regions that do not experience day and night changes as other regions normally do. The discussion will use the theory of thought from Yusuf Al-Qardhawi about minority fiqh. This study uses a library method with reference sources from books, scriptures, or articles related to the theme discussed. Furthermore, it is analyzed with qualitative data to find a complete understanding. The results are that the existing problems are in line with religious teachings and existing social realities. So with the existence of minority fiqh, it can provide a relevant legal perspective. With this discovery, it is hoped that it can contribute to minority fiqh that is by the social and cultural context that exists in Muslim minorities wherever they are.
Peran Teknologi dalam Optimalisasi Pengumpulan dan Distribusi Zakat Dan Wakaf Ali, Sapri; Azzafa Nur Jadidah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1495

Abstract

The role of technology in optimizing the collection and distribution of zakat and waqf has become an increasingly relevant research subject in managing Islamic charitable funds. Information and communication technology is crucial in increasing efficiency, transparency, and accountability in the zakat and waqf management process. As a qualitative research, this article investigates an in-depth understanding of various technological innovation phenomena applied to this problem, including using digital platforms, blockchain, and artificial intelligence to overcome traditional challenges in distributing charitable funds. Using a deductive approach, this research reviews the positive impact of technology adoption on increasing community participation, updating the fund collection system, and expanding the reach and operational efficiency of zakat and waqf institutions. Through this analysis, this journal aims to provide in-depth and relevant insights for practitioners, academics, and policymakers in utilizing the potential of technology to strengthen zakat and waqf management in the digital era.
Penerapan Moderasi Beragama di Indonesia: Harmonis dan Inklusif My Esti Wijayati; Fuad
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1502

Abstract

This study explores the implementation of religious moderation as a strategic step toward realizing a more harmonious and inclusive future for Indonesia. The method used in this research is the literature review method, with a descriptive analysis approach, analyzing documents related to and implemented by programs of religious moderation in Indonesia. The research results show that the challenges faced by the government in implementing religious moderation include resistance from conservative groups and a lack of support from educational institutions. This study concludes that religious moderation is a key factor in building a harmonious and inclusive Indonesia by strengthening cooperation between the government, religious leaders, and society in promoting the values of moderation. Thus, religious moderation can become a strong foundation for the sustainability of peace and social stability in Indonesia.
Analisis Yuridis Terhadap Pidana Pembayaran Uang Pengganti Pada Tindak Pidana Korupsi Vially aviano; Lola Yustrisia
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1518

Abstract

Corruption is a crime that causes significant losses to individuals, society, and the state. To overcome these losses, a replacement money mechanism is arranged. This research aims to understand the legal basis and mechanism of implementing the crime of substitute money. The method used is normative juridical. The results of the study show that additional penalties in the form of compensation must be paid within one month after the verdict. Although a detailed explanation of the replacement money is not always available, this provision is regulated in Article 18 of the Law on the Eradication of Corruption and Article 10 of the Criminal Code.
Pendanaan Pembangunan Ekonomi Indonesia Melalui Sukuk Negara Ritel: Analisis Hukum Ekonomi Islam Kurniawan, Taufiq
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1524

Abstract

Sukuk Ritel (SR) is one of the sovereign sukuk whose main purpose is to fund economic development, especially infrastructure development. To accelerate infrastructure development, the government issued Sukuk Ritel in 2009 as a funding source. This study was conducted to determine how the law of economic development funding in Indonesia sourced from Sukuk Ritel is viewed from the perspective of Islamic economic law. Data was collected through a literature review which was then analyzed using a normative approach. The results of this study indicate that borrowing or funding for infrastructure development through Sukuk Ritel is legally permissible (mubah), and Sukuk Ritel is better than borrowing directly. However, the government needs to continue taking precautionary steps when the state debt is approaching the normal threshold for borrowing funds.
Upaya Pemenuhan Hak dan Kewajiban Suami Istri Disabilitas Rifai, Muhammad Agus; Husin Bawapi; Abdul Gafar Saidi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1533

Abstract

Rights and obligations arise from the practice of valid marriage. Therefore, each couple must fulfill their rights and obligations equitably. However, many couples struggle to perform these duties effectively due to various factors, including personal limitations that hinder their ability to meet their rights and obligations, often stemming from the incomplete or impaired functioning of one or more body parts. This research aims to explore the efforts made by disabled spouses to fulfill their rights and obligations and the impact of these efforts on family resilience. The study employs field research, utilizing an empirical approach and data collection techniques such as interviews and sampling. The findings indicate that the endeavors of disabled couples to fulfill their rights and obligations are remarkable. Husbands are willing to work hard to provide for their households, demonstrating care and commitment to family responsibilities. Meanwhile, wives also actively seek additional income and show obedience and respect towards their husbands. These efforts have positive implications for the resilience of their households.
Studi Komparatif Terhadap Pelaku Main Hakim Sendiri (Eigenrichting) yang Menyebabkan Kematian Menurut Hukum Pidana Islam dan Hukum Pidana Zari; Syaiful Munandar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1536

Abstract

The act of vigilantism in Dutch Eigenrichting is an arbitrary act carried out by the community against the perpetrator of a crime by torturing, beating, and even burning the victim which causes injuries and death. This act of taking the law into your own hands has become an act that continuously occurs in people's lives. This action creates new problems and also violates human rights where perpetrators of crimes have the right to receive defense by the authorities and be punished according to established regulations. In Islamic criminal law (jinayah) the act of taking the law into your own hands is included in the act of semi-intentional murder (al-qatl Syibh al-'Amd) where the sanctions for this act are diyat, kiffarat and additional punishment. In positive criminal law, the Criminal Code explains in articles 351-358 about abuse and the forms of this act. The problem in this research is the determination of the sanctions for vigilantism perpetrators in Islamic criminal law and positive criminal law, as well as the distinctions between the two legal systems. A normative method is employed in this research, which involves the examination of books, scientific works, and legislation that are pertinent to the issue. This research discusses “how the firmness of law in Indonesia regulates perpetrators of vigilante actions that cause death, and a comparison with Islamic criminal law which is the majority religion in Indonesia”.
Analisis Pengaturan Hukum Pidana terhadap Penyalahgunaan Teknologi Manipulasi Gambar (Deepfake) dalam Penyebaran Konten Pornografi Melalui Akun Media Sosial Olivia Novera; Fitri.Z, Yenny
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): 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.v10i2.1539

Abstract

Deepfake is an advanced technology that utilizes the latest artificial intelligence techniques to produce compelling images or motion pictures that appear to be genuine. This technique uses specialized algorithms to create fake content that is difficult to distinguish from the real thing. In Indonesia, cases of deepfake pornography have increased in recent years. With this new Artificial Intelligence technology which in addition to the many positive impacts it provides, it also has negative impacts that can support the occurrence of these cases. the spread of pornographic content with image manipulation (deepfake) has become one of the negative impacts of this technology. This study aims to determine the shortcomings in the legal arrangements and how they are implemented in cases of deepfake, or the misuse of AI technology. The research method used is normative legal research based on literature and laws and regulations. This research found that several general and specific rules relating to the misuse of deepfake technology through social media have not covered all aspects of image manipulation (deepfake) containing pornography on social media accounts. Therefore, although pornographic deepfake cases often occur and harm some people, the limited legal regulation of these acts causes the legal apparatus to have difficulty in ensnaring the perpetrators.

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