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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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Penetapan Denda Pada Akad Tabarru Saipul Azis; Rozalinda
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.v8i2.766

Abstract

Tabarru and 'Ariyah have a relationship as a unit where 'Ariyah is a contract that is part of the Tabarru contract, namely a contract intended to do good without any strings attached to compensation. Famous fines are found in commercial matters, this becomes a problem when fines are inserted or even applied to the 'Ariyah contract, which incidentally is a contract that is meant to only hope for the pleasure of Allah. The method used in this study is to use a qualitative method where the operational research is in the form of descriptive which emphasizes understanding the meaning of an object. The data sources used are in the form of literature and articles that have relevance to the research, the data collection technique used is literature study, and data analysis techniques are carried out in the form of reduction, presentation, and conclusion of data. The results of the study show that some scholars allow fines because there are many arguments ordering them to keep the contract (agreement), and in terms of Fath al-Dzari'ah can implement fines on the tabarru contract which is a legitimate thing to do and does not violate the terms of the contract. So that in determining fines on the contract of Tabaru it is permissible with the intention of doing good and not causing harm to the parties involved
Forced Marriage In The Perspective Of Islamic Law In Bacem Village Sutojayan District, Blitar District M. Firdaus Alwi Mahbubi; Ahmad Hafidz Safrudin
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.v8i2.812

Abstract

Marriage is a sunnah of Rasulullah SAW, although there are also marriages that are carried out by forcing children to marry someone of the parents' choice. This happened in the village of Bacem, Sutojayan sub-district, Blitar district. In this society, if we look closely at the objects (children), they are sometimes dissatisfied with their parents' choices. On the other hand, if their children choose their own life partners, the parents do not approve of that choice, and the parents may try to hinder their children's relationships with material and non-material pressures. So it seems that children do not have the right to choose the life partner they want. In this case, the practice of forced marriage is that most children are without consideration and are immediately married off by their guardians, and because the environment is religious and most understand or are knowledgeable about religion, they do not want to disappoint their parents and family and in the end they choose to obey their parents and try to understand each other even though it takes a long time to maintain their household. While the impact of forced marriage in general is the need for a long adaptation to understand each other to achieve the goals of marriage. The practice of forced marriage of this kind when viewed from the perspective of Islamic law is still valid according to the Imam Syafi'i school of thought, but is accompanied by various requirements.
Analysis Of Islamic Law And The Book Of Criminal Law In Collection Of Criminal Actions Samuji; Rusmiyah
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.v8i2.813

Abstract

In social life, the rules of society are generally governed by a law or regulation that guides action and behavior which is embodied in orders and prohibitions. However, it seems that orders and prohibitions alone are not enough to leave bad deeds, therefore it is necessary to have norms such as religious norms, moral norms, politeness norms, and legal norms. There are four combined theories of committing a crime according to the Criminal Code, namely: first, Stelsel Absorption, Second, Sharpened Stelsel Absorption, Third, Stelsel Cumulation, and fourth Stelsel Cumulation. Whereas Islamic law views that the combination of punishments arises as a result of a combination of committing several criminal acts where one of these actions has not yet received a final decision. Islam recognizes the existence of combined theories of committing criminal acts but these theories are not used absolutely and are limited by the theories of at-tadaahul (inclusion) and al-Jabbu (absorption). Based on the two theories above, in its implementation it is inseparable from the three combined forms of committing a crime, including: a combination of several fingers where all the punishments are pure Allah's rights, a combination of several fingers where in the punishment there are God's rights and adami's or slave's rights, and a combination of several jarimah where the punishment is a pure adami right. Meanwhile regarding the Criminal Code's view of the joint problem of committing a crime, that the provisions regarding this matter have been regulated in articles 63 to 75 of the Criminal Code. In these articles, it has been explained how the system of punishment for someone who has committed a combined crime has been committed.
Pembagian Harta Waris Pada Adat Waris Tunggu Tubang Dalam Perspektif Kompilasi Hukum Islam Ahmad Hadzikil Fahimi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.814

Abstract

The Tubang inheritance tradition uses a female major inheritance system. The customary inheritance of the Tunggu Tubang heirs differs from the heirs listed in the Compilation of Islamic Law and the portion that all heirs receive in the customary inheritance of the Tunggu Tubang with the Compilation of Islamic Law. The Compilation of Islamic Law is the rules modified in such a way as to adapt to the customs and culture that occur in Indonesia. One of the sections contained in the Compilation of Islamic Law is the division of inheritance. The results of this study provide a law that in the division of the customary inheritance of Tunggu Tubang is not included as inheritance, because the articles in the Compilation of Islamic Law have many differences, but the customary inheritance of Tunggu Tubang can be said to be a gift. The customary inheritance of the Tunggu Tubang can be called a grant because the giving of grants to heirs is referred to as an inheritance. The inheritance tradition of the Tunggu Tubang which gives their wealth to the eldest daughter who is included in the heirs is sufficient if it is called a grant and also the inheritance that has been given to Tunggu Tubang can be withdrawn by the parents if it is not used as well as possible.
Hukum Adat Sasi Larvul Ngabal Perspektif Fiqh Al-Bi'ah Mahdi Temarwut; Soni Zakaria; Moh. Nurhakim
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.825

Abstract

The purpose of this research to analyze how sasi is practiced in Larvul Ngabal customary law and how sasi Larvul Ngabal customary law from the perspective of Fiqh al-Bi’ah. This study uses qualitative methods with the type of field research. There were 5 informants in this study, consisting of village priests, youth leaders, and 3 members of the community. Data collection techniques used as observation, interviews, and documentation. The data analysis used is data collection, data presentation, and data verivication or drawing conclusion. The result of this study indicate the customary law of sasi Larvul Ngabal basically has the same principles as Fiqh al-Bi’ah in protecting and preserving the invironment. Philosopically, the customary law of sasi Larvul Ngabal originates from noble cultural values which are transformed into basic rules in life. While Fiqh al-Bi’ah is sourced from the authentic Al-Qur’an, contains efforts, ways, ang attitudes towards life towards the environment.
Kedudukan Non-Muslim Dalam Qanun Jinayat Aceh (Studi Analisis Qanun Nomor 6 Tahun 2014 Pasal 5 Huruf c Menurut Maqashid Syariah Jasser Auda) Abiyun
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.826

Abstract

The research will focus on how the implementation of Qanun jinayat itself, and how the position of Non-Muslims in Qanun jinayat when viewed with Maqashid Shari'ah Jasser Auda. As a city that has a majority Muslim population, Aceh has customs and culture that can be said to be integrated with Islam itself. Therefore, Aceh is a special province with Qanun or Islamic law formulated as a legal umbrella in accordance with Qanun Number 6 of 2014 concerning Jinayat Law. However, the Qanun based on Islamic law will definitely intersect with the Non-Muslim population in Aceh, so there are often misunderstandings and confusion among the community
Faktor Penghambat Mediator Non-Hakim Dalam Penyelesaian Perkara Perceraian Pada Kasus Lanjut Usia Di Pengadilan Agama Bantul Mifta Zulfalah Azzahro Sudarmaji
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.863

Abstract

The non-judge mediator as a third party that has the rights to help the disputing parties in negotiating without any neutral case. This study aims to uncover the facts that hinder the success of non-judge mediators in carrying out mediation in elderly divorce cases at the Bantul Religious Court. This is the qualitative field research, conducted at the Religious Court Bantul from February to March conducted analytically, and by taking data based on the findings in the field with a empirical approach. The data were collected through observation, interviews, and documentation.The results of this study showed that first, Factors of elderly divorce occur because of a second marriage, the wife has menopause, old nature, economic factors, neglect of responsibilities, left by a partner because of illness. Second, the low rate of success in mediation in elderly cases at the Religious Court Bantul was caused by several factors, including: very limited time, the constancy of the parties to get divorced, the prolonged problems faced by the parties, the absence of goodwill from the parties not attending the mediation process.
Metode Fatwa MPU (Majelis Permusyawaratan Ulama) Aceh Nurkhalis muchtar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.865

Abstract

Fatwa is a process of providing legal certainty to issues that arise which are asked of the mufti. The people's need for fatwas began at the beginning of the development of Islam, which was marked by the presence of the Prophet as the first figure giving fatwas. In Islam, fatwas have an important position, so those who give fatwas must have adequate competence and scientific capacity. As far as research is concerned, no work has been found that specifically examines the fatwa method of the Aceh Ulama Consultative Council, bearing in mind that the fatwa issued by the Aceh Ulama Consultative Assembly has a great influence on Acehnese society. This research was conducted to answer two big questions which became the formulation of the problem, namely how is the MPU Aceh fatwa method and its application? How does the Aceh MPU fatwa method relate to the fatwa on the determination of the Ghair Mu'tabar book? In answering these two big questions, the researcher uses qualitative descriptive research using two approaches, namely library research which will examine the fatwa in depth and the history of the Aceh MPU and its fatwas. The second approach is with field research, to examine the extent to which the effect of the fatwa of the Ghair Mu'tabar book is on society. The theoretical framework used in this study is to use the theory of Islamic scholars and scientists who write about religious fatwas. This research is expected as an effort to understand the process of presenting fatwas that are right on target, so that stability can be created in life, the realization of justice, benefit and prosperity in human life in this world and in the hereafter.
Studi Komparatif Konsepsi Dana Non-halal dan Dana TBDSP dalam Perspektif Politik Ekonomi Islam Dery Ariswanto
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.866

Abstract

This study aims to examine the comparison of the concept of regulation of non-halal funds and TBDSP funds in the perspective of Islamic Political Economy. This research uses qualitative methods with the type of research that is library research. The results of the discussion in this study indicate that the arrangement of non-halal funds was originally only limited to a concept which must then be used for social purposes, but there are no specific rules related to how to obtain or source of these funds, how to manage them, and what are the provisions for their distribution. . Presentation and reporting of non-halal funds have previously been regulated in PSAK 101 and 109. The presence of the DSN fatwa number 123/DSN-MUI/XI/2018 can imply that the concept of non-halal funds should not be recognized as income for Islamic financial institutions. So that the term non-halal funds in Islamic financial institutions is more accurately referred to as TBDSP funds. It is appropriate that maximum supervision is needed in implementing the DSN fatwa regarding TBDSP funds in Islamic financial institutions, so that the management of non-halal funds of Islamic financial institutions can be directed and on target in accordance with existing regulations.
Peran Bantuan Hukum Bagi Masyarakat Tidak Mampu Oleh Pos Bantuan Hukum (Posbakum) Di Pengadilan Agama Bantul Miftahul Huda Huda
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 9 No 1 (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.v9i1.870

Abstract

The existence of Posbakum (Legal Aid Post) as one of legal aid services in Religious Court Bantul that has helped the community more particularly for the underprivileged community in the trial process by referring to PERMA No.1 /2014 on “the guidelines in giving the legal services for the underprivileged community”. However, whether the service of Posbakum has really applied PERMA in accordance to its enforceability such as giving service in making legal documents, legal advices, consultation, and information and the provision of socialization related to law firm is still questioning. This is a field research using the empirical juridical study approach. Based on the results, it was found that the position of Posbakum in PERMA No. 1/2014 was well enforced. The Religious Court bantul legal aid post as a provider of free legal services, such as providing information, consulting or legal advice, assisting in the preparation of required legal documents. Because people who arrive at Posbakum get free legal services, both from consultations to making the required legal documents. During the Covid-19 pandemic, Posbakum continue to provide services online or offline with implementing health protocols, namely: Implementing physical distancing, Obligation to wear a mask, Urge to wash hands, Installing a transparent hijab, Limiting service hours. So that judicial process and services to justice seekers can still run according to the procedure.

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