cover
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
Istidlal: Jurnal Ekonomi dan Hukum Islam
Published by Universitas Ibrahimy
ISSN : 2548754X     EISSN : 25487957     DOI : https://doi.org/10.35316/istidlal
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.
Articles 156 Documents
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (662.829 KB) | DOI: 10.35316/istidlal.v2i2.110

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (824.757 KB) | DOI: 10.35316/istidlal.v2i2.111

Abstract

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 Ummal Khoiriyah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (964.491 KB) | DOI: 10.35316/istidlal.v2i2.112

Abstract

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 Abdul Aziz
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (800.168 KB) | DOI: 10.35316/istidlal.v2i2.113

Abstract

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 Qur’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 Bai’ al- Wafa’ 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1015.266 KB) | DOI: 10.35316/istidlal.v2i2.114

Abstract

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 Muhammad Ihwan
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1030.214 KB) | DOI: 10.35316/istidlal.v2i2.115

Abstract

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.
Analisis Penerapan Pembiayaan Murabahah di Lembaga Keuangan Mikro Syariah: Studi Kasus di BMT Kabupaten Situbondo dan Jember Misbahul Ali; Achmad Achmad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 1 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1036.324 KB) | DOI: 10.35316/istidlal.v2i1.116

Abstract

Murabaha are the most widely used Syariah financial institution in channeling financing, both banking and non-bank. But in practice there are various forms of application, including is using two contracts at once (murabaha bil wakalah). This form raised the judgment that murabahah 'alleged' practice is similar to ma'dum selling practices and mark-up-based financing as in conventional banks. This paper aimed to determine the levels of BMT Salafiyah Situbondo and BMT NU Jember adherence to the concept of Fiqh and Fatwa DSN-MUI in the application of murabahah financing. In conclusion, that the two BMTs have three alternative forms of murabahah financing in accordance with the concept of Fiqh and Fatwa DSN-MUI, although the way of purchasing goods and deliveries is done directly or indirectly. This compliance is driven by a passion for maintaining the blessing of business revenue earned by BMTs.
Implementasi Hukum Islam terhadap Jual Beli Garam Di Sumenep Hali Makki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 1 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (695.732 KB) | DOI: 10.35316/istidlal.v2i1.117

Abstract

Buying and selling is an activity that existed since immemorial time to the human, both Islamic and non-Islamic, buying and selling has a very binding law, and can be used as a foothold against the people who done agreemnet buying and selling. Something that we need to be considered and understand by sellers and buyers is to see the terms and pillar, as for the law that will be used as a reference that includes one aspect of them: Islamic law are a requirement and rukun buying and selling existing in the goods. The practice of buying and selling of salt at Alasmalang Village, Ra'as Sub-District of Sumenep Regency is valid because it is in accordance with the rules of sale and legal of Islam.
Implementasi Sistem Produk Pembiayaan Muḍârabah: Studi Faktor Turunnya Profit di Bank Muamalat Jember Moh. Asra
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 1 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1221.391 KB) | DOI: 10.35316/istidlal.v2i1.118

Abstract

The practice of islamic banking has been known since the time of prophet muhammad, along with his companions, because there are institutions that carry out the main functions of banking operations, which are receiving money, lending money, delivery or transfer service. This muḍârabah financing product, is expected to be a superior product of Bank Muamalat Indonesia of Jember or at generalit bank islam. The study used a qualitative approach with focus; 1) what is the system implementation of muḍârabah financing product at bank mu'amalat indonesia jember branch?, 2) what are the factors cause the decrease of profit in muḍârabah financing product at bank muamalat Indonesia Jember branch? The results of the research found four factors causing the decline in profit at Bank muamalat Indonesia Jember.
Dewan Hisbah Sebagai Lembaga Otoritas Keagamaan PERSIS Nihayatut Tasliyah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 1 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.889 KB) | DOI: 10.35316/istidlal.v2i1.119

Abstract

PERSIS is an influential religious organization in Indonesia, as well as Nahdlatul Ulama (NU) and Muhammadiyah. The existence of such organizations is supported by the organizational units that are authorized to formulate religious instruction. The organizational unit is called Hisbah Council. This article described the Istinbath method and some of the decisions made by the Hisbah Board

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