cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ahmad Hafid Safrudin
Contact Email
hafidzsafrudin@gmail.com
Phone
+6285658190250
Journal Mail Official
-
Editorial Address
Jl. Ki Ageng Manis Jati RT 02 RW 02 Krenceng Kepung Kediri Jawa Timur
Location
Kota kediri,
Jawa timur
INDONESIA
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 176 Documents
 9   10   11   12   13 
Analisis Tentang Perlindungan Hukum Pernikahan Dini Pada Usia di bawah 19 Tahun Menurut Hukum Islam Ahmad Muhammad Mustain Nasoha; Hidayat, Ramdhan; Ashfiya Nur Atqiya
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1126

Abstract

In maintaining the welfare of women and children involved in early marriage, legal protection has a very important role. This research uses doctrinal legal research which is a process to find rules, principles, and doctrines to answer the issues at hand. The characteristics of the research are prescriptive. The research method used is Normative / Doctrinal / Library Research Researchers concluded that to protect the Law of Early Marriage the age under 19 years according to Islamic law needs appropriate legal regulations, the need for women's empowerment and community education, inter-stakeholder cooperation in the context of the legal protection of early marriage from various parties, including government, non-governmental institutions, international organizations, and civil society. This collaboration is needed to formulate effective policies, provide adequate services, and raise public awareness. According to Islamic Fiqh itself, Marriage scholars differ on the minimum age of marriage. Most of the scholars of the Maliki madzhab argue that the age of menstruation for women and men is 17 years or 18 years, while Abu Hanifah argues that the age of puberty is 19 years or older. Shafi'i, Ahmad, Ibn Wahab, and the majority think that it is the perfect age of fifteen years.
Analisis Maslahah dalam Konsep Perwalian Pernikahan Anak Luar Nikah Berdasarkan Kompilasi Hukum Islam Ahmad Muhammad Mustain Nasoha; Romdhoni, Arif; Sadam Agustin Dwi Ardiyan; Ashfiya Nur Atqiya
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1131

Abstract

This research examines Maslahah in the concept of Islamic law. In the context of guardianship of children out of wedlock in a marriage bond according to the compilation of Islamic law, the substance of this maslahah is very relevant. However, sometimes situations where a child is born outside of marriage can occur. The research method used is Normative/Doctrinal/Literature Research The findings of this study indicate that the concept of guardianship of children out of wedlock in the perspective of the Islamic compilation has been listed in Law No. 1 of 1974 concerning marriage, Article 19 of the Compilation of Islamic Law, Article 53 paragraph 3 of the Compilation of Islamic Law, and Article 75 letter (b) of the Compilation of Islamic Law. That maslahah plays an important role in determining the view of Islamic law on this issue. In this context, it is found that a proper understanding of maslahah, which includes the protection of individual rights and the welfare of society, is essential in dealing with the guardianship of out-of-wedlock children. In this scientific work, several important aspects related to the concept of guardianship of extra-marital children have been discussed. Firstly, there are differences of opinion among scholars regarding the halal or haram guardianship of out-of-wedlock children, Secondly, the importance of paying attention to the values and principles of Islamic law underlying the concept of guardianship of out-of-wedlock children. Third, the a need for a clear and effective regulatory framework to regulate the practice of guardianship of out-of-wedlock children.
Hak Nafkah Madhiyah Istri dalam Konsep Hukum Islam dan Implikasinya pada Putusan Pengadilan Agama Muhammad Zhilal Haq; Muchlis Bahar; Zainal Azwar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1133

Abstract

The Compilation of Islamic Law has stipulated that all forms of income obtained by a married couple will become joint property regardless of who made the effort to obtain the income. On the other hand, the Compilation of Islamic Law has also stipulated that the husband is obliged to bear the wife's maintenance. So the question arises from which assets the husband takes to fulfill this maintenance. From these two rules, it seems that there is a normative contradiction. This has implications for the decision of the Religious Court in the case of Nafkah Madhiyah. This qualitative research is conducted by studying the primary data sources of the decision documents of the Talu Religious Court Number 440/Pdt.G/2020/PA. Talu and the Padang Religious High Court Number 6/Pdt.G/2021/PTA.Pdg and the Compilation of Islamic Law (KHI). The focus of this research examines the judge's legal logic towards the fulfilment of the wife's right to nafkah madhiyah in a divorce case in the decision of the Talu Religious Court (PA) which was then appealed to the Padang Religious High Court (PTA). The results of this study indicate that the decision of the PTA Padang judge who rejected and cancelled the PA Talu judge's decision regarding nafkah madhiyah was more appropriate because the husband left the house with only the clothes he was wearing, while the wife could still fulfil her minimum living needs with the joint property left by her husband.
Putusnya Perkawinan dan Akibatnya dalam Hukum Islam dan Hukum Positif di Indonesia Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Ailsa Damara Putri; Novita Lailatul Ni’ma
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1134

Abstract

This study discusses the termination of marriage and its consequences in Fiqh Munakahat. The aim of this research is to examine and understand Fiqh Munakahat which discusses the termination of marriage and its consequences. The method used in this research is a qualitative method of literature review. Essentially, marriage is intended for lifelong happiness between a man and a woman. Divorce is granted if one party fails to fulfill its obligations adequately and the other party is unable to fulfill its obligations, leaving no option but to divorce. The results of this research conclude that the termination of marriage in Islamic law is that the divorce process such as talak, fasakh, or khul' must be regulated with full justice, decency, and caution. Both parties must obtain their rights fairly, including rights to property, maintenance, and child custody. The importance of maintaining family integrity and avoiding divorce except when absolutely necessary is emphasized in Islamic teachings. Furthermore, Islamic law emphasizes peaceful conflict resolution and settlement that respects the rights of all parties involved. By understanding the relevant principles of Islamic law and seeking guidance from qualified scholars and jurists, Muslims can handle the termination of marriage wisely, prioritizing mutual welfare, and upholding the moral values and ethics taught by Islam.
Perspektif Islam terhadap Program Bayi Tabung: Etika, Hukum, dan Hak Waris Ahmad Sofyan Fauzi; Dinda Difia Madina; M. Rosyid Irfan Alfani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1151

Abstract

Fertilization (IVF) program, especially in the context of ethics, law and inheritance rights. By exploring religious texts and the views of ulama, this research discusses ethical considerations related to the use of artificial reproductive technology in Islam as well as legal interpretations related to its implementation. Apart from that, this research also reviews how Islamic inheritance law regulates the position of children born through IVF. The research method used is the qualitative descriptive method which allows researchers to describe phenomena or research topics in depth, without requiring quantitative measurements. The results of this research show that several ulama' consider the IVF program to be controversial because it is considered to violate natural law or Sunnatullah and is associated with the practice of adultery. However, fatwas from the MUI and NU guide the halalness of the IVF procedure by taking into account religious values ​​and the needs of married couples. In Indonesia, the implementation of this program is regulated by Undang-Undang Nomor 36 Tahun 2009 concerning Health and the MUI fatwa which allows the use of sperm and ovum from legal husband and wife couples. The legal status of children resulting from IVF refers to the Civil Code and Law Number 1 of 1974, with legal recognition depending on the use of donor sperm and surrogate mother. Children born through IVF using the husband's sperm are considered legitimate children with inheritance rights, while inheritance laws for children using donor sperm and surrogate mothers require further consideration.
Prospek Penerapan Blockchain dalam Pengelolaan Zakat sebagai Upaya Mewujudkan Sustainable Development Goals (SDGs): Sebuah Harapan dan Tantangan Nur Sulistiyaningsih; Alisha Vinia Alethea Majid; Putri Melati Nur Hidayah; Laksito Adhi Priwegga; Muhammad Daffa Manggala Budhi Kusumo
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1187

Abstract

This article discusses the prospects for implementing blockchain in zakat as an effort to realize Sustainable Development Goals. Blockchain technology has great potential to change the way zakat collection, management and distribution is carried out. Zakat fund management often faces complex challenges, including lack of transparency, low accountability, and uncertainty in the distribution of funds. This can result in misuse of funds, inability to achieve set targets, and low public trust in institutions that manage zakat. The application of blockchain can help zakat institutions increase accountability and effectiveness in distributing zakat to the right targets. This article uses a qualitative descriptive research approach to explore the prospects for applying blockchain technology in zakat management as part of efforts to achieve Sustainable Development Goals (SDGs). In the research results, we found that the application of blockchain technology in zakat management can increase transparency, accountability, efficiency, improve the economy in the aspects of poverty, hunger, health services and education. In conclusion, the application of blockchain in zakat has bright prospects for increasing efficiency and transparency, as well as supporting efforts to realize Sustainable Development Goals (SDGs).
Peradilan Agama Islam di Negara Syiah: Republik Islam Iran Pasca Revolusi Rahmawati; Asasriwarni; Zulfan
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (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.v10i1.1195

Abstract

Ayatollah Imam Khomeini became an important figure in the independence of the Islamic Republic of Iran as a Shia state, using Wilayat al-Faqih as its legal concept with the Imamate principle. The principle of Imamate explains that as long as the Twelfth Imam (Imam Mahdi) is still unseen, the government is led by an Imam whose qualifications are close to the Imam in terms of knowledge and spirituality. Consequently, the way the law is administered and the way the law is adjudicated in the State of Iran is up to the Wali Faqih, and when the Wali Faqih agrees, the rules can be implemented. This paper aims to examine the history, legal system, and judiciary of the Islamic Republic of Iran. The research data is obtained from literature studies (library research) and is descriptive and analytical. The result of the discussion is that Iran has gone through a long history starting from the first Persian empire, namely Akhameniyah, to the occurrence of post-Revolution until now. Iran is a country that adheres to Shi'a Islam and uses the legal concept of Wilayat al-Faqih where high power is in the hands of Wali Faqih. The judicial council is the holder of judicial power, whose head of the judiciary is directly elected by the Wali Faqih. Some of the courts in Iran include the Revolutionary Court, the General Court, and the Supreme Court of Cassation. In Iran, there is also a Clerical Court/SCC that tries clerics or Muslim scholars and this court is very secretive
Pelayanan dalam Perusahaan Perspektif Islam Suwarno
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): 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.v9i2.1234

Abstract

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
Poligami dalam Al Qur’an Surat An-Nisa’ Ayat 3 Perspektif Kitab Tafsir Al-Azhar Karya HAMKA Andressa Muthi’ Latansa
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): 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.v9i2.1235

Abstract

This study discusses polygamy in the perspective of Hamka. Polygamy is a man who has a wife more than one up to four people. In Islamic view, polygamy can be done if it meets the requirements that are clearly mentioned in the Qur'an, that is, being able to be fair. The fair referred includes several parts, namely: fair in the shared time, fair in living, fair in the place of residence and fair in the cost of the child. Rasulullah's polygamy is different from the polygamy phenomena that we face today. The practice of the Prophet's polygamy is not based on biological needs, but there are several considerations including wanting to honor the widow, raising the degree of widows and women who offer herself to be married. In the present, polygamy is based solely on biological needs, and lose the element of justice in it.
Membangun Argumentasi Prinsip-Prinsip Moderasi Beragama Dalam Perspektif Al-Quran Muqit, Abd.
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 9 No. 2 (2023): 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.v9i2.1236

Abstract

The current radicalism and extremism became the background for the initiation of the theory of religious moderation. In the Indonesian context, religious moderation is highly emphasized and has even become a program apart from the Ministry of Religion of the Republic of Indonesia. Along with these developments, the author is interested in studying religious moderation in interpreting the Koran using thematic methods. The results of the research concluded that the Koran aims to do good to each other among fellow believers and act fairly towards them, build friendships, respect other people's religions, not incite other religions, and carry out the teachings of their respective religions and religions and not disturb them. These things can be used as principles that must be applied in building religious moderation in Indonesia.

Page 11 of 18 | Total Record : 176

 9   10   11   12   13 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol. 11 No. 2 (2025): EL FAQIH Vol. 11 No. 1 (2025): EL FAQIH Vol. 10 No. 2 (2024): EL FAQIH Vol. 10 No. 1 (2024): EL FAQIH Vol. 9 No. 2 (2023): EL FAQIH Vol 9 No 1 (2023): EL FAQIH Vol 8 No 2 (2022): EL FAQIH Vol 8 No 1 (2022): EL FAQIH Vol 7 No 2 (2021): EL FAQIH Vol 7 No 1 (2021): EL FAQIH Vol 6 No 2 (2020): EL FAQIH Vol 6 No 1 (2020): EL FAQIH Vol 5 No 2 (2019): EL-FAQIH Vol 5 No 1 (2019): EL-FAQIH Vol 4 No 2 (2018): EL-FAQIH Vol 4 No 1 (2018): EL-FAQIH More Issue