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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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Aspek Hukum Dalam Likuidasi Bank Miftakhul Huda
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.v7i2.433

Abstract

In this study we can analyze about, the definition of bank liquidation, duties, authorities, and responsibilities of the liquidation team, factors causing bank liquidation, aspects about the level of bank health, assessment of CAMELS factors, impact of liquidity risk on banks. The result is defined by bank liquidation. Liquidation is the ability of banks to meet their debt obligations, be able to repay all their deposits, and be able to fulfill credit requests submitted by debtors without delay. Duties, authorities, and responsibilities of the liquidation team such as registering and announcing dissolution in bank law by detailing, conducting an inventory of bank assets and liabilities in liquidation, determining the method of liquidation. The cause of bank liquidation as well as aspects concerning bank health is the result of qualitative reviews of various aspects that affect the condition or performance of a bank through quantitative assessments and or qualitative assessments of capital, asset quality, management, profitability, liquidity and sensitivity to market risk factors. The assessment of the CAMELS factor is that banks are required to carry out business activities based on the principle of caution in order to maintain or improve the soundness of the bank. Commissioners of bank directors are required to monitor and take the necessary steps so that the soundness of the bank can be met. And the last impact of liquidity risk on banks includes, the impact on shareholders, the impact on employees, the impact on customers and the impact of the economy.
Praktik Simpan Pinjam Di Bank Sampah Kota Kediri Dalam Perspektif Hukum Ekonomi Islam M Uzeir Mustaqfirin
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.v7i2.434

Abstract

The purpose of this study is to find out the practice of saving and borrowing conducted by The Melati Garbage Bank given Islamic economic law. By using qualitative approaches and techniques of member chek and triangulation this research resulted in the conclusion that saves and borrows at Bank Sampah Melati and Bank Sampah Sri Wilis using an interesting system. In Islam, interest is equated with riba which is illegal, but the practice of saving and borrowing in the Melati Garbage Bank and Sri Wilis Garbage Bank has shown improvement. Interest on deposits aims to generate the excitement of members to save. While in the loan activities are helpful to members who need financial assistance and the interest rate is relatively low
Pemikiran Imam al-Ghazali Tentang Hukum Islam Zakiyatus Soimah
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.v7i2.435

Abstract

The study aims to find out the extent of Imam al-Ghazali's legal thinking. Using qualitative approaches and literature studies, the study resulted in the conclusion that Imam al-Ghazali's method of legal excavation consisted of semantic, contextual, and textual approaches. The contextual approach of delving into the problem of iqtida, isharoh, lafad, understanding the law of its illat, understanding the meaning behind the spoken word and mafhum. A textual approach that addresses qiyas. The concept of ijtihad Imam al-Ghazali provides opportunities for Muslims who have the ability to arrive at the mujtahid position to preach. The concept of mujtahid not only stops at absolute mujtahid, but also includes mujtahid muqayyad which requires only some capacity on certain things
Omnibus Law dan Pengelolaan Ziswaf di Indonesia Muhamad Wildan Fawaid
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.322

Abstract

The Ombibus Law (UU Cipta Kerja) was created to facilitate the flow of investment and a healthy entrepreneurial climate in Indonesia, by cutting various kinds of bureaucratic rules that overlap and are mutually counterproductive. The Job Creation Law only focuses on employment and investment and does not clearly emphasize the position of Ziswaf which should be used as other income apart from taxes. The actual Ziswaf potential is far greater than the tax itself. This study uses a descriptive analysis method, with common law legal theory which is trying to be applied in civil law countries. Indonesia should be able to learn from the countries of Malaysia and Singapore which have succeeded in making Ziswaf as another source of income apart from taxes. Even though their country is common law and the population is much less than Indonesia. The government is still looking at the use of cash waqf for investment rather than thinking about uniting all the strengths of LAZ in the Baznas body and managing it professionally. It is not impossible that with such management, Indonesia will achieve its target of 233 trillion zakat potential.
Urgensi Penerapan Hukuman Jinayat Mati Terhadap Pelaku Tindak Pidana Di Indonesia Dalam Perspektif Hukum Islam Eva Diah Pitaloka; Lili Kartika; Baidhowi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.440

Abstract

The application of the death sentence on criminals often remains a problem, questioning the urgency of the execution with inhumane significance. But in reality the death penalty in Indonesia has arranged to be issued on death certificates for specific crimes only. In islamic law the death sentence itself is a just punishment or qishas with a purpose for the betterment of society. The death penalty was given either by law or by enrollment in islamic law for the purpose of enunciating. The purpose of this writing was to discuss the history of the death penalty along with the corresponding criminal form and the islamic law's view of execution. The methods used were literature literature literature with data of legislation, expert opinion and verses of the Koran. The study results in that the death penalty can be applied or allowed in full compliance to the requirement that a criminal act be banned and that the concession arrangement in other words corresponds to what it does because it violates the rules of society.
Kewenangan Memutus Sengketa Lembaga di Dalam dan di Luar Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sri Warjiyati; Novan Mahendra Pratama; Moh. Haliliyanto
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.450

Abstract

This article is about who should have the authority to decide disputes between State Institutions. The 1945 Constitution of the Republic of Indonesia implies the existence of Main State Institutions in the 1945 Constitution of the Republic of Indonesia. Outside of the 1945 Constitution of the Republic of Indonesia, there are various forms and legal basis of Supporting State Institutions. Supporting State Institutions should support the duties of the Main State Institutions so that there is no miss-cooperative. In the 1945 Constitution of the Republic of Indonesia, the Constitutional Court has attribution authority based on Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia and reaffirmed in Article 10 paragraph (1) letters a to d of the Law. Law Number 24 of 2003 concerning the Constitutional Court. Where the Constitutional Court has four powers, one of which is to decide disputes over the authority of state institutions whose authority is granted by the Constitution. The Indonesian nation, which adheres to a presidential system of government, also shows that the President, apart from acting as the Head of Government, can also act as the Head of State. In the case of the Head of State, it is not known what powers the President has. Therefore, this article tries to answer from a different point of view, who has more authority to decide disputes between the Main State Institutions and the Supporting State Institutions.
Penentuan Arah Kiblat Menggunakan Rubu' Mujayyab Muhammad Ansori; sapri ali
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.473

Abstract

The problem is the variety of tools used in determining the direction of the Qibla, both classical and modern, for example using a special stick, Global Qibla Rashdul, local Qibla rashdul, theodolite, miqyas, rubu 'mujayyab, theodolite, GPS (Global Positioning System) and others. So that the figures of astronomy sometimes differ in terms of determining the direction of the Qibla. The more sophisticated these tools, the higher the azimuth data accuracy will be. With the development of time found a tool that shows the direction of the wind called a compass. The compass is made of a magnetic needle which consists of two poles, namely the north and south poles and is equipped with a protractor, so that this compass pointing tool is very useful for Muslims and can determine the Qibla direction. Departing from the description above, the author is interested in discussing one of the classic tools, namely the rubu 'mujayyab which has been used for years by falaq experts among Islamic boarding schools, this of course has weaknesses and strengths. In this study, the issue discussed is how is the accuracy level of determining the Qibla direction using the rubu 'mujayyab? What are the advantages and disadvantages of determining the Qibla direction using rubu 'mujayyab? The type of research used by this author is classified as qualitative, which aims to better understand the rubu mujayyad where the primary data is data obtained directly from observations, the book of durussul falakiyyah and secondary data are all documents in the form of books, writings, journals, papers related to the object study. The findings from this research are that when the practice of measuring the Qibla is not the same, there is a difference of about 0˚ 8′ 52.42ʺ which if made in meters from the east to west line distance which is both 9 meters produces a difference of about 0.03 meters . According to the author, this is still within reasonable limits or allowed deviation categories. maybe this is due in part to the advantages and disadvantages of each of the two tools. The advantages contained in the rubu 'mujayyab is more accurate because it relies on direct sunlight. While the lack of rubu 'mujayyab, the data on rubu' mujayyab is limited to degree data, so it requires accuracy from people who calculate, only astronomers can do it, cannot be used in cloudy conditions and so on.
Pembayaran Zakat Fitrah dalam Tradisi Metraen Bhekal Bineh di Bangkalan Madura Perspektif ‘Urf Galuh Widitya Qomaro; Nia Ningsih
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.540

Abstract

The metraen bhekal bineh tradition in Banyuajuh, Bangkalan, Madura requires prospective husbands to pay zakat fitrah for their prospective wives in the form of money or rice. This study aims to determine the practice of the metraen bhekal bineh tradition and to find out the review of Islamic law on the metraen bhekal bineh tradition in Banyuajuh, Bangkalan, Madura. This research is a field research with qualitative methods and a sociological juridical approach. Sources of data used are primary data and secondary data. Data collection techniques through observation, interviews, and documentation were analyzed using the inductive method. Based on the results of the study, it can be concluded that the metraen bhekal bineh tradition in Banyuajuh, Bangkalan Madura in terms of Islamic law is permissible because it is a tradition that grows and develops with good values ​​in society. The husband's obligation to pay zakat fitrah for his future wife is a customary obligation, not an obligation as required by Islamic law.
Hillah Hukmi dalam Pengembangan (Legal Reform) Fatwa DSN MUI Tentang Pelaksanaan PPR Inden Syariah Azhar Muttaqin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.548

Abstract

This article discusses Hillah Hukmi in the context of developing the Fatwa of DSN-MUI regarding the implementation of the Sharia Inden PPR. The focus of the study is on analyzing indications of the use of hillah hukmi in the way the DSN-MUI stipulates a law. Especially in fatwa 101/DSN-MUI/X/2016 regarding the al-Ijaarah al-Maushuufah Fii al-Dzimmah contract or commonly abbreviated as IMFD. The research method used is qualitative by conducting content analysis which is commonly used in library research models with a normative juridical approach. This article finds that in the development of the fatwa of DSN-MUI in order to support the development of Islamic financial institutions, it is indicated to use the concept of hillah hukmi. This can be seen when the implementation of the Indent PPR Sharia is allowed using the Ijaarah al-Maushuufah Fii Dzimmah (IMFD) contract. DSN-MUI issued the fatwa because it was considered an alternative that could solve the problem of Indent PPR which was often hampered, and also became a complementary contract to the Musyaraakah Mutanaaqishah (MMQ) and Ijaarah Muntahiyah Bi Tamliik (IMBT) contracts. IMFD is indicated to contain hillah because the terms and substance of the contract are different. Namely, making the lease contract as the basis for allowing home ownership even though the essence of the contract is the sale and purchase of greetings. Qualitatively, this article reveals how the legal development carried out by the DSN-MUI in this way, especially in order to respond to public demands for the issuance of a fatwa that is able to accommodate the need for ownership of indent houses based on sharia principles.
Fikih dalam Tafsir Berbahasa Sunda Siti Novi Nafisah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 1 (2022): 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.v8i1.555

Abstract

This article discusses the interpretation of fiqh verses in Sundanese Interpretation Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi. By studying the law of fiqh we can know which rules to follow and know the limits. The law of fiqh can also be the basis of behaving and referral in making decisions. Interpretation of the Qur'an by local scholars who developed in Indonesia many who use the language of the region, one of which is Sundanese. Therefore, it would be interesting if this study discussed of the fiqh pattern in Sundanese interpretation. This research is a type of library research. Through a descriptive method approach, the author describes how the interpretation of some fiqh verses written in Sundanese in Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an. The primary source of this research is Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi written in Sundanese pegon scripts. The aim that the writer wants to achieve in this study is to find out how the characteristics of the fiqh pattern in Tafsir Raudhatul Irfan Fi Ma'rifat Al-Qur'an by KH. Ahmad Sanusi.

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