El-Faqih : Jurnal Pemikiran dan Hukum Islam
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.
Articles
16 Documents
Search results for
, issue
"Vol. 9 No. 2 (2023): EL FAQIH"
:
16 Documents
clear
<![CDATA[Pemenuhan Nafkah Keluarga Buruh Nelayan Pasca Pandemi Covid-19 ditinjau dari Hifz Al-Maal Dan Hifz Al-Nasl Menurut Jasser Auda : Studi Kasus di Desa Kedungrejo Kecamatan Muncar Kabupaten Banyuwangi ]]>
<![CDATA[Cholidah, Faizatul]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.815
<![CDATA[This research discusses the concept of Family Livelihood Fulfillment for Fishermen Labor Post Covid-19 Pandemic (Case Study in Kedungrejo Village, Muncar Sub-district, Banyuwangi Regency) in terms of Hifz Al-Maal and Hifz Al-Nasl according to the perspective of Jasser Auda. This researchaddresses two crucial questions. First, what efforts have been made to fulfill the livelihood of fishermen labor families post the Covid-19 pandemic in Kedungrejo Village, Muncar Sub-district, Banyuwangi Regency? Second, how is the fulfillment of livelihood for fishermen labor families viewed through the Sharia objectives of Hifz Al-Maal and Hifz Al-Nasl according to Jasser Auda?The endeavor to answer these questions is an initial step in the academic world to examine the livelihood fulfillment later evaluated from Hifz Al-Maal (preservation of wealth) and Hifz Al-Nasl (preservation of progeny) according to Jasser Auda (Contemporary Fiqh Scholar). This journal reveals two main findings. First, the families of fishermen laborers have been fulfilling their daily livelihood needs by engaging in various efforts (work). Second, the efforts made by these families have successfully met the objectives of Hifz Al-Maal and Hifz Al-Nasl, particularly for the well-being of family members. The fulfillment of daily needs encompasses not only financial aspects but also basic necessities (clothing, food, shelter), health, and education.]]>
<![CDATA[Dampak Bimbingan Pranikah Bagi Pasangan Suami Istri Terhadap Keharmonisan Rumah Tangga di Kecamatan Pahandut ]]>
<![CDATA[Ahmad Faisal]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.822
<![CDATA[Pre-marital classes that have been running at KUA for a long time have now been replaced with pre-marital guidance since 2019. This is based on the idea of the coordinating ministry for human development and culture, pre-marital guidance is still carried out under KUA coordination in each respective region, guidance Pre-wedding is carried out after the prospective bride and groom register at the KUA. In this study the researchers formulated 2 problem formulations, namely the first how is the practice of premarital guidance for prospective brides that has occurred in the Pahandut sub-district? And second what is the impact of premarital counseling on household harmony in the Pahandut sub-district? This research is located in Central Kalimantan focusing on the Pahandut sub-district, and what will be examined is the KUA pre-marital organizers.]]>
<![CDATA[A,the Masalah Hukum Shalat Saat Bencana Menurut Putusan Majelis Tarjih Muhammadiyah ]]>
<![CDATA[Muhammad Taufikur Rahman]]>;
<![CDATA[Moh. Nurhakim]]>;
<![CDATA[Agus Supriadi]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.839
<![CDATA[This study aims to understand the importance of praying in society in any circumstances such as a disaster emergency in accordance with the guideline for the set of decisions of Tarjih Muhammadiyah. The research method this time uses a qualitative approach, the type of this research is library research. Based on the research results of the problems that occur in a disaster, especially for Muslims, they must continue to carry out the obligation to pray five times a day. From this, Muhammadiyah provides a solution on how to pray in a disaster. From this, the public knows that the important role of Muhammadiyah in solving this problem greatly affects the faith of every Muslim, why is that so? Because in a disaster emergency situation many people don't think about anything other than saving themselves. Turning to each other from here someone has faith then he will definitely think about his obligations in terms of praying five times a day. Therefore Muhammadiya provides arguments and legal basis in accordance with this situation. In accordance with the technical problems of praying during a disaster, Muhammadiyah has presented arguments for lightening prayers when a disaster occurs. So it can be concluded that there are reliefs in carrying out prayers, especially for obligatory prayers, that is, it is permissible to pray for prayers from here. Muhammadiyah can solve problems where people are confused over the arguments and legal basis regarding prayer relief in times of disaster.]]>
<![CDATA[Perbandingan Hukum Cryptocurrency Sebagai Alat Tukar Menurut Fatwa MUI dengan Perspektif Ustadz Adi Hidayat ]]>
<![CDATA[efendi, Rahmad Satria Efendi]]>;
<![CDATA[Ahda Bina]]>;
<![CDATA[Anggraeni, Luciana]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.840
<![CDATA[The purpose of this research is to enhance knowledge about the rights related to cryptocurrency law for readers and to provide an understanding of Ustadz Adi Hidayat's views on the MUI fatwa regarding the use of cryptocurrency. This research is used to analyze the comparison between the Indonesian Ulema Council (MUI) fatwa and Ustadz Adi Hidayat's perspective. The research is conducted using a library research method, which involves using literature as a data source. The data collected come from various library materials, scholarly works, books, YouTube, online media, and others related to the discussion of using bitcoin in transactions. The approach used is a normative approach, studying the position of bitcoin as electronic currency.The results of this research are as follows: First, from Ustadz Adi Hidayat's perspective, cryptocurrency is considered haram (prohibited) because it contains elements of harm (dharar) and uncertainty (gharar). Second, the Indonesian Ulema Council (MUI) fatwa states that cryptocurrency is haram due to the presence of harm (dharar), uncertainty (gharar), and gambling (qimar). However, it is deemed legally valid as a medium of exchange if the asset meets the conditions of being a lawful commodity (sil'ah) and has clear underlying assets and benefits.]]>
<![CDATA[Tradisi Pernikahan Adat Banggala ditinjau dari Teori Kepatuhan Hukum: Studi Implementasi Undang-Undang No 16 Tahun 2019 ]]>
<![CDATA[Dimas yusup Hartomo]]>;
<![CDATA[Moh. Nurhakim]]>;
<![CDATA[R. Tanzil Fawaiq S.]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.841
<![CDATA[The matter of marriage involves various traditions in different regions based on their respective customs and beliefs, which may not necessarily adhere to Islamic law. Marriages within communities sometimes still involve the union of family members. One such village, Kampung Banggala, continues to practice marriages involving individuals under the age of 19. This research employs a qualitative research design with a sociological legal approach to analyze issues within the community. The research instruments include observation, documentation, and interviews. The findings indicate that the residents of Kampung Banggala still adhere to Sharia law, allowing marriages when individuals reach the age of maturity and express interest in the opposite gender. The occurrence of marriages in Kampung Banggala is attributed to parental matchmaking, aimed at maintaining family ties, and a desire for proximity when their children establish their own households. The compliance with legal norms in the community is analyzed through three indicators: the knowledge and understanding of the community, the importance attached to the enforcement of the law, and the tranquility in their lives. In conclusion, the researcher finds that marriages in Kampung Banggala, Kalijati Subang, remain guided by Hadith and the Sunnah of the Prophet. Therefore, they marry off their children in accordance with Sharia when they reach maturity.]]>
<![CDATA[The Ijtihad Pada Era Kontemporer: Ijtihad Para Era Kontemporer ]]>
<![CDATA[Muhammad Imron]]>;
<![CDATA[Tri Wahyu Hidayat]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.980
<![CDATA[This article examines the definition of ijtihad, the law of ijtihad, the division of ijtihad, the method of ijtihad, the requirements of mujtahid, the characteristics of contemporary ijtihad, and examples of the application of ijtihad in the contemporary era. As for the discussion of examples of the application of ijtihad methods in contemporary cases, the author takes the example of "abstention in elections". Abstention in elections on the grounds that there are no good or worthy candidates to become leaders while there is no other way to appoint leaders is wrong because it sacrifices daruriyat for the sake of hajiyat and tahsiniyat interests. So the best attitude in the election is to choose the best candidate with an objective assessment, not with the aim of achieving personal and group interests. If none of the candidates is good or all of them are bad according to the judgement of the voter concerned, then the voter must choose the candidate with the least badness. If the process and steps of ijtihad have been gone through, then it can be concluded and determined that abstaining from voting in elections on the grounds that there are no good or worthy candidates to become leaders while there is no other way to appoint leaders except through elections is haram.]]>
<![CDATA[Tinjauan Yuridis atas Hak Tanggungan yang dilaksanakan secara Elektronik ]]>
<![CDATA[Chariss Wong, Shervira]]>;
<![CDATA[Teo Pan, Nicholas]]>;
<![CDATA[Fernandez, Lucky]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.986
<![CDATA[Mortgage rights are collateral rights that encumber a land right to pay off certain debts, since the promulgation and enactment of Ministerial Regulation of ATR/Head of BPN No. 5 of 2020 concerning Electronically Integrated Mortgage Services. Mortgage services are carried out through a system called the HT-el system, where the HT-el system can speed up and simplify the implementation of the Mortgage. This article aims to add insight and provide information on how to arrange Mortgage, namely Electronic Mortgage which is carried out through the HT-el System. This article uses the Normative Juridical Research Method. The results show that the implementation practice of the Mortgage Rights has been implemented properly and evenly, is more effective than its predecessors and only encounters obstacles in the telecommunications network.]]>
<![CDATA[Regulasi Cryptocurrency dan Hak Asasi Manusia: Tinjauan Terhadap Hak Privasi, Keamanan, dan Kepemilikan Digital ]]>
<![CDATA[Adisurya]]>;
<![CDATA[Mochamad Mansur]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.1100
<![CDATA[This study aims to evaluate the impact of cryptocurrency regulations on human rights, with a particular focus on digital rights, privacy, and security. Cryptocurrencies, such as Bitcoin and Ethereum, have rapidly evolved as a new form of decentralized digital finance. However, this growth has raised questions about how cryptocurrencies affect individuals' rights, especially in terms of privacy and the security of personal data. This study employs a normative legal approach and conceptual analysis to explore existing regulations and trends related to cryptocurrency in various jurisdictions. Additionally, the research incorporates a theoretical perspective on human rights to identify potential implications of cryptocurrency regulation on privacy and digital security. The study's findings should shed light on how human rights are affected by the way cryptocurrencies are currently regulated and set the stage for any future legislative adjustments that would be required to strike a balance between personal safety and technological innovation. This research can also assist policymakers and regulators in tightening legal work practices, which will enable advancements in cryptocurrency while upholding individual rights. With the continuous growth in cryptocurrency usage and the growing concerns about privacy and security, this study is relevant in supporting ongoing discussions on how the law can accommodate this innovative technology without compromising human rights.]]>
<![CDATA[Analisis Kawin Paksa Dalam Perspektif Hukum Islam ]]>
<![CDATA[Ahmad Muhammad Mustain Nasoha]]>;
<![CDATA[Nadia Khoirotun Nihayah]]>;
<![CDATA[Alfina Arga Winati]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.1119
<![CDATA[Marriage is not only based on a birth bond between a man and a woman, because marriage is not just a matter of worshiping Allah SWT but also to obtain happiness, peace of mind, and to continue the lineage. This research discusses aims to explore more broadly the causes, impacts and analysis of forced marriages caused by arranged which are viewed from an Islamic legal perspective. The method used in this research is a qualitative method as to obtain information through interviews with various elements of society and through field observations. The result of this research show that the factors that cause forced marriage to occur in society are parental, economic, educational, and customary factors. The practice of forced marriage has negative impacts such as divorce, family conflict, and can lead to infidelity. So it can be emphasized that forced marriage is prohibited in Islamic law.]]>
<![CDATA[Pelayanan dalam Perusahaan Perspektif Islam ]]>
<![CDATA[Suwarno]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.58401/faqih.v9i2.1234
<![CDATA[One of the factors contributing to the growth of a company lies in the services provided and the marketing strategies employed by the company. This research examines the topic of Service in a Company from an Islamic Perspective. Utilizing a literature review approach, the obtained data is qualitatively analyzed and then presented descriptively, outlining, depicting, and explaining in accordance with the issues closely related to this research. The research findings reveal that services should be conducted in accordance with Sharia principles. To ensure that services in a company from an Islamic perspective are more focused, especially in service-oriented companies, all parties involved must adhere to guidelines and principles set forth in Islamic teachings]]>
