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Memaknai Substansi Syariâ€™at yang Membebaskan Yasid, Yasid
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Shari'at is a form of manhaj (method) which is built to give birth to values that are very needed as a reference for human life on this earth. Shari'at is a overreached movement every text and expression as well always work hard with any formed changes whatever happned in society. Therefore, neither all divine revelation texts contain dimension of shari'at at the level of praxis it nor identical with the classic Ulamaâ€™s opinion which is created according to the needs of its time. On the contrary, the Shari'ah is the driving force for the style of community dynamism which is inevitably occurs as the movement of the world ball continues to accelerate. Thus, the Shari'ah is not synonymous with the dictums of Istinbath product law or principle of Fiqhiyyah which contains the nomenclature of the Mujtahid's opinions. The other way, the Shari'ah is a mechanism of dialogue between the text of the holy teachings on the a hand and the struggle for social reality on the other. Therefore, Shari'ah at the level of substance is always up-to-date at all times because itself has a mechanical function to update the entire series of changes and developments that occur in the community. Shari'ah is a method that processed creating laws without freezing the law itself. Shari'at is a spirit that continued creating guide lines and rolled out interpretations, updates, anddissolving in the ice of thought.

Prinsip-Prinsip Hukum Tentang Yayasan Sebagai Pengelola Lembaga Pendidikan Tinggi Swasta Fadlail, Ach.
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

As a subject of vital human development, plays a central role which will formulate the concept, planning, integrating nodes strength and potential, as well as solve problems that go it. Thus the importance of the role played by humans, it is not exaggeration if humans as subjects of development must truly have personal maturity, good science, capacity, superior capability, and reflects the character of noble character as the embodiment litasnya/its litas. In order to achieve the expected degree of quality, education need the primary human. It may be noted also that one of important aspect of development is education. Regarding at 31 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 guarantees the right every citizen to get an education. Constitutional mandate is further defined in the legislation under the Constitution. One is Act No. 20 th2003 on Education System National. Primary responsibility of the provision and delivery of education is in the hands of the Government. Folk as education goals, in addition to having the right to education as mandated by the Constitution of the Republic of Indonesia th1945, also bear the responsibility for the implementation of education. Participation and community participation in education which one of them can be done by the foundation.

Peran dan Fungsi Perbankan Syariah Perspektif Sosio-Kultur Subaidi, Subaidi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

In the context of urban economic community of Indonesia, several terms, such as paroan, prapatan, dan pertelon are quite popular. Such terminology has influence economic activities which have become tradition that support profit sharing principles which are practiced by Sharia banking. Such profit sharing practices basically aims creating justice and provide balances for economic users and their environments. Furthermore, profit sharing practices show partnership relation among enterprise practitioners; more than just the relationship between superiors and subordinators. These kinds of spirits not only end in profit orientedd but also establish human based on relationship which aims at helping and caring either. Dealing with the nature of the sprit above, Sharia economic practitioners should have energized and inspired, abled to realize them in more reality, and was synergic economic relationship. However, one important thing that they usually forget to develop business institution is lack of understanding toward the culture of the society local culture and wisdom of the society is one of the significant factors required in designing, harmonizing, and, developing business. This implies that a where they built business, including Sharia banking. Understanding toward business institution should not aim at corporate oriented only. In fact, it should have relations of socio-culture and corporate social responsibility.

E-Commerce dalam Hukum Islam: Studi Analisis Atas Pandangan Abdul Halim Barkatullah dan Teguh Prasetyo Khoiriyah, Ummal
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

The one phenomenon of economic Mu'amalah is buying and selling transactions that use electronic media. Trading activities through internet media is popularly called electronic commerce (e-commerce). E-commerce is divided into two segments, they are business to business e-commerce and business to consumer e-commerce. This study discusses and analyzes e-commerce of Islamic Law (Analysis Study on the views of Abdul Halim Barkatullahlah and Teguh Prasetyo in a Book entitled "E-Commerce Business (Study of Security and Legal Systems in Indonesia)."

Pandangan Islam Terhadap Pasal Penistaan Agama Aziz, Abdul
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Freedom in certain religions has been guaranteed by law. This freedom should not interfere another people's freedom. To realize this kind of freedom then the law appears to regulate the prohibition of insulting or defamating a particular religion. When the state has provided a provision in the matter of blasphemy, what is about Islam? To find the answer of this question, ought to look at the Qurâ€™an, the Hadith and the opinions of Fuqaha. The conclusion obtained that the article contained in the Criminal Code is in accordance with the doctrine of Islam. Islam always teach moslems to appreciate what other people trust meanwhile when there are people who insult at Islam, such as insulting Allah and Prophet, so must be consequent as murtad and be killed.

Tinjauan Istihsan Terhadap Baiâ€™ al- Wafaâ€™ Di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso Ubaidillah, Ubaidillah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

The birth of the first sharia bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging sharia-based financial institutions other, cultivated sharia cooperative in the form of BMT. Inside the BMT, we are familiar with the term buy back or bai' al-wafa'. Bai 'al-wafa' is a buying and selling is done by someone who need money by selling (real estate/real property) goods is owned by agreement if he can pay (the price) then he can take back the goods while the legal basis bai 'al-wafa' according to Hanafi Madzhab is istihsan. Istihsan is the turning of a mujtahid from qiyas street jaly (real) to qiyas the khafi (vague) or the turning of a mujtahid from law kulli (general) to the law istitsna`i (limit) because it crossed their minds there is a superior proposition.

Studi Analisis Ijtihad Rasul SAW dalam Kitab Ijtihad Rasul SAW Ihwan, Muhammad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

This research aims to find out the views of the scholars about the ijtihad of the Prophets in the book of Ijtihad al-Rasul SAW by Abdul Jalil Isa and to find out the description of the actions of the Prophet Muhammad which was considered ijtihad. The type of research is used by qualitative research. The data obtained were clarified and analyzed according to the topic of discussion. From the results of the data collection and analysis can be concluded that are: 1) The Preception of the scholars about ijtihad of the Prophets in the book of Ijtihad al-Rasul SAW are divided into three. Firstly, Abu Ali al-Juba'i argued that the Prophet did not carry out jihad, both in legal matters (sharia) and worldly affairs in. Secondly, Ibn Hazm, Ibn Taymiyyah and Kamal al-Hummam argued that the Prophet had jihad, both in the affairs of the Shariah and world affairs in. Thirdly, Qadhi Iyadh and Ibn Khaldun argued that the Prophet did not carry out jihad in the Shari'ah region, the Prophet only had jihad the in area of world affairs. This difference of opinions are based on the third approach in concluding the Prophet's ijtihad; 2) The act of the Prophet Muhammad SAW which was considered ijtihad in the book of Ijtihad al-Rasul SAW was that there were two, namely: The first, the act which turned out to be wrong then by the Shari was straightened out, and secondly, his decision was not followed by his friend.

Memaknai Substansi Syari’at yang Membebaskan Yasid Yasid
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Shari'at is a form of manhaj (method) which is built to give birth to values that are very needed as a reference for human life on this earth. Shari'at is a overreached movement every text and expression as well always work hard with any formed changes whatever happned in society. Therefore, neither all divine revelation texts contain dimension of shari'at at the level of praxis it nor identical with the classic Ulama’s opinion which is created according to the needs of its time. On the contrary, the Shari'ah is the driving force for the style of community dynamism which is inevitably occurs as the movement of the world ball continues to accelerate. Thus, the Shari'ah is not synonymous with the dictums of Istinbath product law or principle of Fiqhiyyah which contains the nomenclature of the Mujtahid's opinions. The other way, the Shari'ah is a mechanism of dialogue between the text of the holy teachings on the a hand and the struggle for social reality on the other. Therefore, Shari'ah at the level of substance is always up-to-date at all times because itself has a mechanical function to update the entire series of changes and developments that occur in the community. Shari'ah is a method that processed creating laws without freezing the law itself. Shari'at is a spirit that continued creating guide lines and rolled out interpretations, updates, anddissolving in the ice of thought.

Prinsip-Prinsip Hukum Tentang Yayasan Sebagai Pengelola Lembaga Pendidikan Tinggi Swasta Ach. Fadlail
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

As a subject of vital human development, plays a central role which will formulate the concept, planning, integrating nodes strength and potential, as well as solve problems that go it. Thus the importance of the role played by humans, it is not exaggeration if humans as subjects of development must truly have personal maturity, good science, capacity, superior capability, and reflects the character of noble character as the embodiment litasnya/its litas. In order to achieve the expected degree of quality, education need the primary human. It may be noted also that one of important aspect of development is education. Regarding at 31 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 guarantees the right every citizen to get an education. Constitutional mandate is further defined in the legislation under the Constitution. One is Act No. 20 th2003 on Education System National. Primary responsibility of the provision and delivery of education is in the hands of the Government. Folk as education goals, in addition to having the right to education as mandated by the Constitution of the Republic of Indonesia th1945, also bear the responsibility for the implementation of education. Participation and community participation in education which one of them can be done by the foundation.

Peran dan Fungsi Perbankan Syariah Perspektif Sosio-Kultur Subaidi Subaidi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

In the context of urban economic community of Indonesia, several terms, such as paroan, prapatan, dan pertelon are quite popular. Such terminology has influence economic activities which have become tradition that support profit sharing principles which are practiced by Sharia banking. Such profit sharing practices basically aims creating justice and provide balances for economic users and their environments. Furthermore, profit sharing practices show partnership relation among enterprise practitioners; more than just the relationship between superiors and subordinators. These kinds of spirits not only end in profit orientedd but also establish human based on relationship which aims at helping and caring either. Dealing with the nature of the sprit above, Sharia economic practitioners should have energized and inspired, abled to realize them in more reality, and was synergic economic relationship. However, one important thing that they usually forget to develop business institution is lack of understanding toward the culture of the society local culture and wisdom of the society is one of the significant factors required in designing, harmonizing, and, developing business. This implies that a where they built business, including Sharia banking. Understanding toward business institution should not aim at corporate oriented only. In fact, it should have relations of socio-culture and corporate social responsibility.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Moh. Asra

Contact Email
istidlaljehi@gmail.com

Phone
+6282244995150

Journal Mail Official
istidlaljehi@gmail.com

Editorial Address
Jl. Ma'had Aly No. 6 Sukorejo Banyuputih Situbondo Jawa Timur 68374

Location
Kab. situbondo,

Jawa timur

INDONESIA

Abstract

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Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Moh. Asra

Contact Email istidlaljehi@gmail.com

Phone +6282244995150

Journal Mail Official istidlaljehi@gmail.com

Editorial Address Jl. Ma'had Aly No. 6 Sukorejo Banyuputih Situbondo Jawa Timur 68374

Location Kab. situbondo, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Moh. Asra

Contact Email
istidlaljehi@gmail.com

Phone
+6282244995150

Journal Mail Official
istidlaljehi@gmail.com

Editorial Address
Jl. Ma'had Aly No. 6 Sukorejo Banyuputih Situbondo Jawa Timur 68374

Location
Kab. situbondo,

Jawa timur

INDONESIA