Istidlal: Jurnal Ekonomi dan Hukum Islam
Aim and Scope AIM Istidlal: Jurnal Ekonomi dan Hukum Islam is a peer-reviewed journal providing for educators, lawyer, scholars, and policy makers to address the current topics in the field of ecomonic and Islamic law from many perspective. Istidlal publishes original academic articles that deal with issues of relevance in theory of economy, Islamic law, methodology of Islamic law, budgeting in Islamic society, and practice in Sharia economy. Articles should focus on studies and systematic analysis that employ qualitative, quantitative, plural (mixed-methods), research and development (RnD). SCOPE The scop of Istidlal is wide range of disciplines that provide relevant research for current issues in ecomonic and Islamic law: Islamic business, accounting, banking management, and more. Istidlal welcomes papers in Indonesia, English, and Arabic.
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Perspektif Hukum Islam terhadap Jual Beli Hak Arisan di Desa Kropoh Sumenep
Makki, Hali
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.95
Historically buying and selling is an existing custom of both Muslim and non-Muslim, of course, buying and selling has a very binding regulations that can be used as the foundation for people who will buy a contract. seller and buyer need to submit on requisites and principles of buying and selling, while the law will provide protection that covers requisites and principles of buying and selling. The practice of buying and selling the claim of social gathering (arisan) in the Kropoh village invalid because it has fulfilled the regulations of buying and selling.
Kafaah dalam Pernikahan Endogami Pada Komunitas Arab di Kraksaan Probolinggo
Muzakki, Ahmad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.96
In Tradition of Habaib obligation similarity nasab in forbidden marriage between syarifah women and non Sayyid men because there is not kufu` between they and not continue of nasab by Rasulullah.The purpose of this study was to determine the views tradition of marriage Syarifah in Arabic village Kraksaan Probolinggo and to determine factor of forbidden marriage between syarifah women and non Sayyid men perspective Islamic law. Based on the results of research the traditional views of marriage Syarifah in Arabic village Kraksaan Probolinggo same of tradition other habaib that is forbidden marriage between syarifah women and non Sayyid men because there is not kufu` between they. And other factor cause obligation similarity nasab in marriage Syarifah in Arabic village Kraksaan Probolinggo is factor of ancestry, social and religion followed. In this problem there is difference between ulama of four madzhab about similarity nasab in marriage Syarifah. According to Malikiyah kafaah just in religion, while three madzhab kafaah nasab is important component in marriage, then Syafi`iyyah and Hanabilah obligation of marriage between Syarifah women and non Sayyid men for keep noble and continue of nasab.
Metode Istinbat Imam Malik
Khatimah, Husnul
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.97
The proverb that probably almost every Indonesian knows it, “unknown unloved.†That is proverb perhaps described what will be explained in this simple article. This article seeks to know one of the great teachers whom had been meritorious in the development of Islam. He is Imam Malik bin Anas, the Islamic scholar of hadith and fiqh specialist. He is the central figure of the Maliki Madh-hab, one of the Islamic major streams in the world. This article will be explained about Imam Malik argument which has relation with intinbath method for getting Islamic law, as we have known he is one of the mujtahid mutlaq. Istinbat method was done by Imam Malik with reviewed Al-Qur’an, Al Sunnah, Ijma’ Ahl al-Madinah, Fatwa Sahabat, Khabar Ahad dan Qiyas, Al-Istihsan, Al-Maslahah al- Mursalah, Sadd al-Zhari'ah, Istishab, Syar'u Man Qoblana. Books that wich used for references in Maliki Madh-hab such as Al-Mudawwanah Al-Kubra, Bidayatul Mujtahid wa Nihayatul Muqtashid (by Ibnu Rusyd), Matan Ar-Risalah fi Al-Fiqh Al-Maliki (by Abu Muhammad Abdillah bin Zaid), Ashl Al-Madarik Syarh Irsyad Al-Masalik fi Fiqh Al-Imam Malik (by Syaikh Shihabuddin Al-Baghdadi), dan Bulghah As-Salik li Aqrab Al-Masalik (by Syaikh Ahmad As-Shawi).
Legislasi Hukum (Parliament Made Law) dengan Pendekatan Fiqh
Nawawi, Nawawi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.98
Law made by parliament is not value-free or neutral, because of political configuration in that process. Dominant party that has the power of authority becomes the winner in trade-offs of various concerns. At the result of that product made by parliament does not reflect the real case and the public concerns. If the political configuration tends to be authoritarian, it will generate a conservative law and orthodox law, but if the political configuration tends to be democratic, it will generate a responsive law and autonomous law. In order to accommodate all the public behavior and fair society, it should meet at least three criteria. First, limitative in very detailed which there is no interpretation in authorities profitable. Second, participatory in the process of establishment contains the aspirations and interests of the grass root. Third, aspirational-democratic in the legal materials accomodate the aspirations of the people in order to apply democracy. The function of the law as a political tool can be understood that the system of law in Indonesia, acts is a product of the Indonesian Legislative Assembly and Indonesian government so that very difficult to separate between law and politics. It is directly related to the state.
Pengukuran Kinerja Badan Usaha Koperasi dengan Balanced Scorecard
Achmad, Achmad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.99
Performance measurement is an important factor for the company. It can be used to assess the success and detect of debility in the company. It was focussed to financial affairs, which describe to the company condition in short-term, The success in the financial perspective cannot be separated from the other non-financial perspective. Balanced scorecard was counteracted the model of performance measurement are not based on financial affairs, but increased by customer’s perspective, internal business process perspective, and learning and growth perspective are the real of instigator to the successful financial performance. Balanced scorecard gived the balanced of standart among finacial aspect and non-financial, among short-term and long-term and was involved internal factor or eksternal of the company. Cooperation as implement national economic development, demanded to be able to develop themselves in an increasingly competitive business competition. Side by side with other sectors for progress Indonesian economy. Because of it, the cooperation need apllied all and good methode of performance measurement for estimating the company’s condition, concurrently for facility the development of business strategy. With Balanced scorecard, as continuousness cooperation can be determine program effectiveness and report performance improvement plan.
Hak-hak Anak Zina Perspektif Fiqh Empat Madzhab
Ihwan, Muhammad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.100
Islam was very attentive to the child rights, regardless of who their parents. A child has the lineage right, to get their inheritance right, to get living right, to get equal treatment right, etc. However, this has not been fully achieved. One of them happens to children born out of wedlock, or better known as the bastard. They were treated unilaterally from the society, society looks bastard is a disgrace. As if that bastard follow their parent’s behavioral depravity. This study contains the views of the jurists of four mazhab associated with bastard. There are three issues discussed in this article involve problem of bastard be the imam of shalat, mu'adzin, and witness. This study aimed to find out the views of the jurists about bastard. The method used in this research is qualitative method, which describe the views of the jurists of four mazhab thought about natural child. Of the three problems associated with natural child, jurists of four mazhab have different opinions.
Prosedur Pencatatan Perkawinan dan Perceraian di Negara Indonesia dan Malaysia Perspektif Hukum Islam
Basyar, Fahmi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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DOI: 10.35316/istidlal.v1i1.101
One phenomenon that emerged in the Islamic world in the 20th century is the family law renewal efforts undertaken by countries with Muslim majority. This was done in response to the dynamic development of society life. There are at least three points that is the objective of family law renewal in the Islamic world, as a law unification effort, raising the status of female, and responding to developments and demands to provide solutions to existing problems. A review of Act Number 1 in 1974 "named this law as a form of unification that is unique with respect fully the variation based on religion and belief to God, besides that unification aims to complement what is not regulated by religion, because in that matter, the state has the right to set it in accordance with the developments and the demands. From the aspect of the history of the Islamic family law renewal in South East Asia spearheaded by Malaysia. It is the first country that has been undertaking the renewal effort, with the birth of Mohammad Marriage Ordinance Number 5 in 1880 in the countries of the straits.
Perspektif Hukum Islam terhadap Jual Beli Hak Arisan di Desa Kropoh Sumenep
Hali Makki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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Full PDF (278.733 KB)
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DOI: 10.35316/istidlal.v1i1.95
Historically buying and selling is an existing custom of both Muslim and non-Muslim, of course, buying and selling has a very binding regulations that can be used as the foundation for people who will buy a contract. seller and buyer need to submit on requisites and principles of buying and selling, while the law will provide protection that covers requisites and principles of buying and selling. The practice of buying and selling the claim of social gathering (arisan) in the Kropoh village invalid because it has fulfilled the regulations of buying and selling.
Kafaah dalam Pernikahan Endogami Pada Komunitas Arab di Kraksaan Probolinggo
Ahmad Muzakki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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Full PDF (212.469 KB)
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DOI: 10.35316/istidlal.v1i1.96
In Tradition of Habaib obligation similarity nasab in forbidden marriage between syarifah women and non Sayyid men because there is not kufu` between they and not continue of nasab by Rasulullah.The purpose of this study was to determine the views tradition of marriage Syarifah in Arabic village Kraksaan Probolinggo and to determine factor of forbidden marriage between syarifah women and non Sayyid men perspective Islamic law. Based on the results of research the traditional views of marriage Syarifah in Arabic village Kraksaan Probolinggo same of tradition other habaib that is forbidden marriage between syarifah women and non Sayyid men because there is not kufu` between they. And other factor cause obligation similarity nasab in marriage Syarifah in Arabic village Kraksaan Probolinggo is factor of ancestry, social and religion followed. In this problem there is difference between ulama of four madzhab about similarity nasab in marriage Syarifah. According to Malikiyah kafaah just in religion, while three madzhab kafaah nasab is important component in marriage, then Syafi`iyyah and Hanabilah obligation of marriage between Syarifah women and non Sayyid men for keep noble and continue of nasab.
Metode Istinbat Imam Malik
Husnul Khatimah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy
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Full PDF (187.678 KB)
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DOI: 10.35316/istidlal.v1i1.97
The proverb that probably almost every Indonesian knows it, “unknown unloved.” That is proverb perhaps described what will be explained in this simple article. This article seeks to know one of the great teachers whom had been meritorious in the development of Islam. He is Imam Malik bin Anas, the Islamic scholar of hadith and fiqh specialist. He is the central figure of the Maliki Madh-hab, one of the Islamic major streams in the world. This article will be explained about Imam Malik argument which has relation with intinbath method for getting Islamic law, as we have known he is one of the mujtahid mutlaq. Istinbat method was done by Imam Malik with reviewed Al-Qur’an, Al Sunnah, Ijma’ Ahl al-Madinah, Fatwa Sahabat, Khabar Ahad dan Qiyas, Al-Istihsan, Al-Maslahah al- Mursalah, Sadd al-Zhari'ah, Istishab, Syar'u Man Qoblana. Books that wich used for references in Maliki Madh-hab such as Al-Mudawwanah Al-Kubra, Bidayatul Mujtahid wa Nihayatul Muqtashid (by Ibnu Rusyd), Matan Ar-Risalah fi Al-Fiqh Al-Maliki (by Abu Muhammad Abdillah bin Zaid), Ashl Al-Madarik Syarh Irsyad Al-Masalik fi Fiqh Al-Imam Malik (by Syaikh Shihabuddin Al-Baghdadi), dan Bulghah As-Salik li Aqrab Al-Masalik (by Syaikh Ahmad As-Shawi).