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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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The Fiqh Views On The Impacts Of Pornography And Pornoaction On Physical And Mental Health Meirison .; M. Adil Syafi'i; Mayang Putri
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.v8i1.556

Abstract

Pornography and porno-action occur because of modernization and globalization, impacting social life. Islam as an early doctrine serves to solve problems, so many verses of the Qur'an and hadith regulate clothing communication between men and women. Pornography and pornography in the perspective of Islamic law are prohibited; this is based on several verses in the Qur'an and several hadiths of the Prophet Muhammad, which expressly prohibit them. This is inseparable from the development of human culture. By conducting a literature review and qualitative approach, it was found that pornography damages religious morals and human morals and spreads to the human body itself, which will disrupt the human nervous coordination system controlled by the brain. This is difficult to stop because pornography is part of a commodity that generates billions of rupiahs. Sometimes pornography has also developed foreign exchange for countries that produce and trade it officially. Pornography can not only damage children's minds and mentality but can also be fatal for adult human brains. Keywords: Influence, pornography, health, fiqh
Aspek Hukum dalam Transaksi Jual Beli dengan Sistim Kredit dan Korelasinya dengan Perilaku Konsumsi Muslim Miftakhul Huda
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.v8i1.559

Abstract

The credit buying and selling system has an effect on both the seller and the buyer. There are those who feel that they are harmed, benefited, are equally harmed or are equally harmed. In this case, the seller and the buyer must both benefit, so that neither party feels disadvantaged. When both parties benefit from each other, the rural economy will run smoothly. The rural economy is currently able to develop, one of which is because of buying and selling on credit. So that the funds owned by the community are not solely used to buy or consume goods and services, but can also be used for other needs in order to get multiplied results, such as investment, and can also be used to save as future savings. However, there are two kinds of buying and selling credit, namely buying and selling credit that is allowed and buying and selling credit that is forbidden. Buying and selling credit that is allowed is buying and selling according to Islamic law, while buying and selling that is forbidden is buying and selling that is forbidden by Islamic law. Therefore, people, especially in rural areas, must be good at sorting out transactions that are included in the law of buying and selling credit and those that are prohibited from buying and selling credit, so as not to deviate from muamalah according to Islamic views.
Praktik Pengelolaan Limbah Industri Dalam Perspektif Maqasid Syari’ah Suci Suryawati
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.v8i1.603

Abstract

The existence of an industry is very synonymous with the presence of waste. Waste if disposed of carelessly will cause pollution to the environment and will affect human health. Therefore, to avoid pollution, management is needed to minimize the impact of the waste. As well as the management carried out by tapioca flour producers in Kaliboto Village, Tarokan, Kediri, although management efforts have been carried out, there is still pollution found. Based on these problems, the focus of this research is how waste management practices in the tapioca flour home industry of Kaliboto Village, Tarokan District, Kediri Regency in the perspective of maqasid syari'ah. This research is a case study using a qualitative approach. The primary data source in this study is the results of observations and interviews with tapioca flour home industry managers, village governments and local communities. The result of this study is that there are several efforts that have been appropriate or not in accordance with the value of shari'ah maqasid. First, from the value of hifdz an-nafs that have been appropriate, namely maintaining health by increasing the productivity of livestock through feeding that contains high nutrition and meets the needs of life by managing waste. The management that is not yet appropriate is the lack of maximum management of liquid waste so that it can endanger yourself and others. Second, from the value of hifdz al-mal, namely obtaining property in a good way through waste management so that it can get additional income and open new businesses.
Philanthropy Kepada Non Muslim Dan Pengaruhnya Terhadap Pluralisme Kaum Muslim (Perspektif Maqashid Syariah) M Soleh Mauludin; Zakiyatus Soimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.479

Abstract

This research aims to see the extent of maqashid sharia's view of philanthropy practices in the form of the construction of livable houses carried out by Jamaah Thoriqoh Shiddiqiyah towards underprivileged non-Muslim communities, as well as its influence on the pluralism of the surrounding Muslim community. With a qualitative approach, and using the theory of pluralism and philanthropy, this study resulted in the conclusion that the Muslim community around the construction site of livable houses participated in this movement and experienced a change in attitude. If originally they tended to limit themselves from all activities and traditions involving non-Muslims, then now they are experiencing a change to be more active and willing to blend in with people with different backgrounds. In the view of Maqashid Sharia, this reality is able to maintain the continuity of soul, property, and religion
The Concept of Maqasid Sharia According to Jasser Auda Andri Sutrisno
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.707

Abstract

Maqasid Sharia is a very important theme in the discourse of Islamic thought in this contemporary era. In classical times, this science became part of the science of ushul fiqh, but in the present, it has stood alone as a scientific discipline in Islam. This can be seen in the contribution of thought made by Jasser Auda to make the science of maqasid Sharia a form of a principle, higher intents, and basic values of Sharia in the context of a movement to answer a problem of the times that have changed from time to time. This is done to make maqasid Sharia a form of reform of a new paradigm and ijtihad so that Islam becomes a religion that is always high, and there is no other religion higher than Islam. For that, in this study. Researchers use a descriptive qualitative approach with the type of literature research. Where in the process of collecting data, researchers conduct research by reading and analyzing Jasser auda books and several books, and journal articles to support outlining data on the concept of maqasid sharia Jasser auda perspective. The conclusion of this study is that Jasser Auda is a Muslim intellectual born in Cairo, Egypt, and is currently Jasser Auda is the director and founder of the maqashid research center in London, England. His books discuss a lot about the science of maqasid Sharia to answer the problems of this contemporary era. That the epistemology of maqasid Sharia according to Jasser auda must have four meanings, namely wisdom behind a law, a good ultimate goal in formulating laws, having a goal to Allah Swt. as well as the purpose of moral concepts that are the basis for making laws, and providing a value as well as a principle of humanity in human life.
Zakat Profesi Perspektif Dewan Hisbah Persis Mohamad Ma’mun; Mu’min Firmansyah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.726

Abstract

The term professional zakat is a contemporary treasure, because at the time of the Prophet Muhammad Saw, was not yet known this term. Yusuf al-Qardhawi was a cleric who introduced the zakat of this profession. Because it is a contemporary scholar for which there is no express answer in the Qur'an and Hadith, the discussion of zakat profession is interesting and there are several different opinions. Some say mandatory, some don't, and some give input to professions that generate money income are subject to mandatory. Persis through its Hisbah council gives a legal decision, that there is no obligation to zakat profession. Zakat is a worship whose legal determination must be through the Qur'an or al-Hadith. Meanwhile, in both verses are not found. However, Persis provides provisions, for professions even though they are not subject to mandatory zakat, but are subject to mandatory philanthropy whose nominal amount is adjusted to the needs of Muslims.
Distribution of Zakat and The Empowerment of MSMEs in Bandungrejo: Experience of BAZNAS Malang Galuh Widitya Qomaro; Maya Lestari
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.730

Abstract

Zakat is the main pillar that has a role for the Islamic economy. BAZNAS Malang has a very important role as a means of community welfare. One of them is for the Bandungrejo MSME community by distributing empowerment-based work tools. The research method of this article is qualitative. The main subject of MSMEs in Bandungrejo who received an empowerment program from BAZNAS Malang. Information was obtained through documentation, observation and interview techniques, as well as deductive data analysis techniques. The empowerment of MSMEs in Bandungrejo is carried out continuously. program planning that has been prepared must be able to function as a driving force so as to create a holistic community empowerment program. The existence of this program is also in line with the Islamic law, Law Number 23 of 2011 about Zakat Management and Government Regulation Number 14 of 2014 about Implementation of Law Number 23 of 2011 about Zakat Management which prioritizes the utilization of zakat for the welfare of the people and poverty alleviation. The economic empowerment of the people has been achieved based on the right and good goals and objectives. The author suggest for developing community resource training programs and special assistance so that the empowerment program runs optimally because cooperation from all elements of the government, private sector and community is able to maximize the welfare of the community.
The Relevance of Maqashid Sharia in Green Economy (Study of Coastal Tourism Area Mangrove Park Labuhan, Bangkalan-Madura) Fiki Andrean Yahya; Nasrulloh Nasrulloh
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.731

Abstract

Bangkalan Regency has various kinds of tourism potential, especially coastal tourism. One of the coastal tourism that has the potential to be developed is the Labuhan Mangrove Tourism. These attractions have several potentials including strategic locations, exotic views, and as a means of public education. This causes the need for a system or concept of coastal tourism management that is appropriate and can be implemented. The purpose of this research is to implement the green economy concept as an alternative solution for coastal tourism management and to maintain the conservation of the surrounding natural environment so that it runs in harmony and sustainability in order to maintain the sustainability of the local community's economic system. This research used descriptive qualitative method. Data were collected through observation, documentation, and interviews with local governments, tourism managers, visitors and the surrounding community. This data is then recorded and strengthened through literature study. The results showed that the implementation of sustainable development of coastal tourism at the Labuhan Mangrove tourism object through the application of green economy concepts including planting mangrove seedlings, conserving coral reefs, providing landfills for final disposal in the tourist environment of Labuhan. The construction of embankments around the coast is also important to minimize coastal abrasion. Environmental protection is also included in the protection of religion, because Islam forbids all actions that destroy everything on earth. Protecting the earth by not using it will ensure human survival and at the same time carry out religious orders
Analysis of Poverty Alleviation Through Family Hope Program (PKH) In Maqashid Sharia Perspective Muhamad Wildan Fawa’id; Yopi Yudha Utama
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.757

Abstract

The Family Hope Program (PKH) is a program for providing conditional social assistance to poor and vulnerable families registered in the integrated data of the poor care program. The Family Hope Program (PKH) in Nganjuk Regency rolled out from 2013 in 20 sub-districts with a total of 55,000 beneficiary families (KPM). This study aims to provide an overview of poverty alleviation through the Family Hope Program (PKH) in Nganjuk Regency, as well as to see the gap in policy recommendations. This research uses qualitative methods with a policy approach including policy formulation, policy implementation and policy implications. This research resulted in several recommendations to social services in poverty alleviation through the Family Hope Program (PKH). First, the spirit in implementing the Family Hope Program (PKH) is valid poverty data, but the validity of poverty data is still homework that has never been completed to this day. Second, there has not been good cooperation between government institutions, even though the Family Hope Program (PKH) is like an orchestra, between one institution and another, in this case the Social Service, Education Office, Health Office, Population and Civil Registry Office, BKKBN, and the Ministry of Villages must synergize with each other. Third, the Family Hope Program (PKH) has goals that are in line with Maqashidu Syariah, but in terms of Hifdzu Diin (Maintaining Religion) it has not been fully implemented by PKH Assistants for various reasons. In conclusion, poverty data can be validated as accurately as possible through the village level with an integrated application. Ideally the state has one intact poverty indicator that can be used for a variety of purposes. The Whole of Government (WOG) needs to be improved for ease of access and acceleration of poverty alleviation.
Analysis of Maqashid Al-Syari'ah in Supporting the Family By Begging in Panyabungan Mandailing Natal District Raja Ritonga; Khairani Rangkuti
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): 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.v8i2.761

Abstract

Fulfilling family maintenance is an obligation for a head of family. In fulfilling this living, it must be carried out with full responsibility and prioritizing halal and thoyyib. However, some fulfill the needs of their family by begging in a certain mode. The purpose of this research is to explain the maqashid al-shariah analysis of fulfilling family income by begging. This research is a field study in Panyabungan, Mandailing Natal. In collecting data, researchers conducted observations, interviews and documentation. Furthermore, the data findings were analyzed descriptively with maqashid al-shari'ah. As a result of the findings, beggars who do their job to provide for their families are grouped into three types, namely (1) begging with physical and mental disabilities, (2) begging by pretending to be disabled, (3) begging involving other family members. In the maqasid al-shariah analysis, it is permissible that people beg because they are mentally or physically disabled and do not have anyone else to support themselves and their families. Meanwhile, begging by pretending and involving other families is not justified, because it eliminates self-dignity and dignity.

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