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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 176 Documents
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Analisa Manajemen Resiko Untuk Mengurangi Moral Hazard Nasabah Pembiayaan Murabahah BRI Syariah Pare M. Soleh Mauludin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study aims to analyze the extent to which risk management is carried out by Islamic banks in minimizing losses due to moral hazard committed by murabahah financing customers. Research that uses a qualitative approach, agency theory, and research objects at BRI Syariah Pare in 2019 resulted in findings that BRI Syariah uses the 5C analysis process, namely character, capacity, capital, collateral ), and conditions (conditions) in order to minimize moral hazard for murabahah financing customers.
Bantuan Langsung Tunai Pemerintah Muhamad Wildan Fawa’id
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This research aims to examine the extent of differences in cash direct aid practices during the time of Caliph Umar Bin Khattab RA and the government of the Republic of Indonesia. The method used in this study is a qualitative descriptive research method. This study interprets and describes the data related to the situation that is going on, attitudes and views that occur in a society. The researchers concluded that direct cash assistance had been done by Caliph Umar ibn Khattab 1400 years ago. What Caliph Umar ibn Khattab did was actually not far from what the Prophet (PBUH) did, which was to house the orphans, to the poor who included 8 asnab, by optimizing the state income from zakat and taxes. More complicated in Indonesia which is 80% income from taxes and does not optimize zakat. Indonesia also conducted BLT but not as successful as caliph Umar bin Khattab. Keywords: Cash Direct Assistance, Government, Caliph.
Tinjauan Hukum Islam terhadap Praktik Akad Nikah Bagi Mempelai Tunarungu di KUA Kecamatan Badas Kabupaten Kediri Ahmad Hafid Safrudin; Sholikhan
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

The marriage contract is an agreement made by the two brides who are married in the form of a qabul consent. Consent is the submission of the first party, while qabul is acceptance from the second party. In this study, the object of study is the bride and groom, one of whom is deaf. Deaf are people who can't hear like normal people in general. So that in reciting the marriage contract cannot be clear. While in the provisions of Islamic law, the pronunciation of the marriage contract must be clear. This is a reference for Islamic law in answering complex problems in society. And such marriages have been carried out in KUA Badas district. From this research, the author intends to dig up the legal basis for deaf marriages who cannot hear because they are congenital or because of a disease. In the case of qabul (acceptance), the marriage contract can be done according to the bride's abilities. This can be done in two ways, namely by using sign language, and the sign language can be understood by witnesses, secondly, it can be done by using writing
Maqashid Syariah Perspektif Izzudin Abdi Salam Moh. Alfin Sulihkhodin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.197

Abstract

The rapid development of legal problems in the paradigm of human life requires scholars and jurists to always try to find the basic rules of Islamic Law, the order to make a renewal and new adjustment to the needs of the times which are always evolving from time to time. No doubt if the jurists are like Imams al-Ghazali, al-Juwaini, as-Syatibhi, Najmuddin at-Thufi, Izzudin Abdi Salam, Khalid Abu el-Fadhl, Muhammad Syahrur, as well as other scholars continue to strive to carry out Ijtihad, in the field of Maqashid Sharia in Particular. This qualitative research using the literature study approach seeks to explore the concept of maqashid sharia gradation which was coined by Sheikh Izzudin Abdi Salam. Where according to the idea it can be understood that, all forms of Sharia are made as an effort to bring benefit and reject mafsadat. Whether worldly or ukhrawi. It can also be understood that, this maqashid gradation is more emphasized on everything that is haqiqi and majazi in nature. Don’t be emphasizing the aspects of Dharuri, Hajj, or Tahsini. So, that in the end everything is done with hope (strong suspicion) not in certainty of all forms of mukallaf deeds.
Ketentuan Penyerahan Wasiat Wajibah Kepada Ahli Waris Yang Berbeda Agama di Pengadilan dan Pertimbangan Hakim Dalam Putusan Pengadilan Agama Bekasi Nabila Khalisha; Rahmi Zubaedah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (2021): 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.v7i2.238

Abstract

The article discusse about the distribution of inheritance between religions through the provision of wasiat wajibah to non-Muslim husband in the Bekasi Religious Court Decision Number 0024 / Pdt.P / 2016 / PA.Bks due to the legal discovery (rechtsvinding) originating from the ijtihad method of the Court's decision Agung Number 368 / K / AG / 1995. This legal discovery (rechtsvinding) exists because the distribution of inheritance between religions is not regulated in the Civil Code, even in the Islamic Law Compilation itself, inheritance and inheritance of inheritance between heirs and heirs of different religions is not allowed. the reason is because religious differences become one of the hijabs or a barrier for someone to become an heir. This study aims to determine the provisions of the provision of a compulsory will to a person without an heir before he / she dies, and the considerations used by the judge in the Bekasi Religious Court Decision Number 0024 / Pdt.P / 2016 / PA.Bks. The research method used juridical normative, because written rules and regulations through observations carried out are closely related to the literature because requires secondary data. The research get the result from this method.
Membedah Kedudukan Maqashid Syariah Dalam Fatwa MUI Tentang Jual Beli Emas Secara Tidak Tunai Menurut Teori Pendekatan Sistem Jasser Auda Muhamad Izazi Nurjaman
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.243

Abstract

This study describes a discussion about dissecting the position of maqashid syari'ah in the provisions of the MUI fatwa regarding the sale and purchase of gold without cash according to the theoretical perspective of the Jasser Auda system approach. By using the literature study method to collect factual information on theme or topic to be or is being researched. This research tries to explain the fact that the systems approach theory echoed by Jasser Auda, is not only a standard theory but an elastic theory. That is, it can be implemented in legal provisions by means of a surgical process through the application of the six element method which is the criteria. So that the position of the maqashid of sharia can be found its position and of course the legal provisions can be enforced in people's lives to a wide range. Indirectly, the theory of Jasser Auda's system approach is a tool or scale in dissecting the position of maqashid sharia against the legal provisions that have been set or will be enforced.
Pendekatan Sejarah Dalam Hukum Wakaf Imam Hanafi Laila Afni Rambe; Sitta 'Ala Arkham
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.249

Abstract

Historical approach is a method used in analyzing a problem. In this paper the historical approach is used to look at the factors that influence the opinion of Imam Hanafi on the position of ownership of waqf property. According to the opinion of Imam Hanafi when a waqf endows his property, it does not make the transfer of ownership of the waqf property. Until the endowment property still belongs to a wakif even though the property has been endowed. After a study, it was concluded that Imam Hanafi's opinion was influenced by his past history as a trader. In addition, the State of Iraq, where he lived, was far from the source of hadith in the time of the Prophet, so Imam Hanafi was more dominant in using Ra'yu in viewing and establishing the law on an event that occurred.
Kontekstualisasi Riba dalam Jual Beli Emas Online Iis Muala Wati
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.253

Abstract

This article aims to analyze the online gold buying and selling carried out by mini gold distributors. This research is important to study because now gold can be purchased online starting from 0.05 grams, gold has a good hedge against inflation, and there is a lack of public awareness about the practice of usury in buying and selling gold. Therefore, this legal have incident should be examined. This research is a type of qualitative research with a descriptive analysis method and a juridical-empirical approach. The data used in the form of theories related to this research, as well as interviews with national mini gold distributors. In addition, there are secondary data covering several previous studies. The results of this study indicate that the mini gold distributors are divided into three groups. First, absolutely no buying and selling of gold online. Second, buying and selling gold online with a wakalah contract, or assisted by a courier. Third, buy and sell gold online as usual. In buying and selling gold with gold, there are three conditions that must be met, namely: cash. In that instant, without delaying a moment; mutual handover at the place of sale and purchase; the size is the same, that is, it must match the same scales. However, if gold is with money, there are only two conditions, namely: cash and direct handover.
Menelisik Nikah Beda Agama di Indonesia dalam Kajian Yuridis Normatif Asman
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): 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.v7i1.262

Abstract

Interfaith marriages are raised in a public discussion space so that it makes you curious to review until now there is no point of contact and there are still those who marry different beliefs, so that the statutory regulations that have been determined or stipulated are pros and cons in the opinion of academics. This research uses a normative juridical approach as normative legal research. This research is to describe the problems in the literature review in the analysis in the concept of the review of the Marriage Law and the analysis of the concept in the review of Islamic law. And in this discussion the focus is on: What is the perspective of Islamic law on marriage with different faiths? What is the perspective of national law on marriage with different faiths? The results of this research are First, the principles of fiqh conclude that interfaith marriages can lead to apostasy for Muslims, Second, in the maqashid syariah principle it is better to avoid interfaith marriages for the benefit of personal and family benefits.Third, in Islamic principles it prohibits different marriages. belief, as described in the Koran in surah al-Maidah verse 5.
Perceraian Akibat Pandemi ditinjau dari Hukum Islam Indonesia Rina Septiani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (2021): 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.v7i2.263

Abstract

This paper discusses divorce caused by a pandemic seen from Islamic law in Indonesia, the breakup of a marriage is something that is hated by Allah SWT, but in the Islamic legal regulations compiled into the KHI it explains several things that divorce may occur, one of which is quarrels. continuously, this research. will focus on divorces that occurred due to the pandemic that hit especially in Indonesia. This study uses a literature study with a normative-comparative analysis approach, using qualitative data to secondary data as an analysis. This study found that a prolonged pandemic has caused some people to lose their jobs so that they are no longer able to support their families, both wives and husbands are not ready to face this, then divorce is caused by the current pandemic. This is allowed because there is an element of incompatibility between the two parties and if it continues it will have a bad impact on both.

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