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Istidlal: Jurnal Ekonomi dan Hukum Islam

istidlal
Website

Published by Universitas Ibrahimy

ISSN : 2548754X EISSN : 25487957 DOI : https://doi.org/10.35316/istidlal

Core Subject : Religion, Economy, Social,

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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.

Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Keuangan

Articles 156 Documents

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Hak-hak Anak Zina Perspektif Fiqh Empat Madzhab Muhammad Ihwan
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

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 Fahmi Basyar
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

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.

Bisnis Multi Level Marketing dalam Tinjauan Fatwa DSN MUI No: 75/DSN-MUI/VII/2009 (Studi Kasus Pada Member MLM 4Jovem di Situbondo) Lailatur Rahmah; Wawan Juandi; Muhammad Shaleh
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

One of form economic that develop in this modern era is MLM (Multi Level Marketing) business. One of MLM business that can interest Situbondo society is 4Jovem MLM. This business promise exciting rewads like money, HP, car, umroh, and others. Requirements about Islamic MLM contained in DSN MUI No. 75/DSN-MUI/VII/2009 as one of reference in determining the halal haram of MLM. This research have purpose to present practice 4Jovem MLM business completely and it’s analysis based on Fatwa MUI until the society can take a stand about this 4Jovem MLM. Based on analysis presented, it be concluded that the implementation of the 4Jovem MLM business in Situbondo especially, most of them is have been fulfilled provisions and applied the contract in Fatwa MUI about Syari’ah Direct Sales. However, in the fied practice, there are some 4Jovem practice that have not been fulfilled provisions of Fatwa MUI, that is advanced prerequirement in the Agya reward. For reach that agya car, must recruit of 700 point or members at right and 800 point or members at left. Not only this is gharar in marketing plan, but also 4Jovem practice is ighra’.

Tinjauan Istihsan terhadap Bai’ Al-Wafa’ dan Implikasi Konsistensi Bermadzhab di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso Ubaidillah Ubaidillah; Nawawi Nawawi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

The birth of the first Syaria Bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging syaria-based financial institutions other, cultivated syaria cooperative in the form of BMT. While the legal basis bai 'al-wafa' according Hanafi’s madhhab 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. The result of the research shows the bai 'al-wafa agreement in BMT Sidogiri Bondowoso Branch is in accordance with the existing syariat in syaria economic theory. because it has fulfilled the terms and conditions, there are many differences among the ulama. But it can be underlined that this contract is based on the concept of mature istihsan, so it can be applied in Islamic finance institutions and the implications of consistent following this madhab is very good because it does not come out of the line Ahlussunnah Wal jama'ah which became a pillar firm for the Islamic religion.

Akad Pembiayaan Ijarah Muntahiya bit-Tamlik (Leasing) di BMT Sidogiri Cabang Situbondo: Perspektif Maqashid Syari’ah Umi Khoiriyah; Khairul Umam Al-Basit
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

This research is under several reasons: First, the contradiction between as-sunnah and IMBT implementation cause differences opinion among of ulama. Second, the recommendation from the director of BMT to resolve this problem and how IMBT can interested more customers the next time. The focus of this research is: 1). How is the implementation of leasing in Sidogiri BMT?, 2). How is the implementation of leasing in Sidogiri BMT according on Maqashid Mu’amalah perspective? The theory of maqashid in this research is belongs to “Maqashid Mu’amalah wa Marashidul Waqi’at” by Abdullah Ibn Bayyah. The reason this theory is more relevant to the content and data of this research. The conclusion is In leasing procedural, BMT supply a thing, that thing is rent to the members, BMT promise that it will sell that thing in the last time of rental tempo. The Tamlik transaction is implemented in the last tempo of rental tempo.

Rekonstruksi Hukum Pasar Modal Syariah dalam Memberi Jaminan Kepastian Hukum Subaidi Subaidi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

The shari'a concept in Islamic capital market industry is generally considered haven’t been able to provide guaranteeing legal certainty. Public that has been accustomed to using conventional concept feel more secure with guaranteeing legal certainty of conventional concept in capital market industry. That public confidenceissue became a positive correction in developing Islamic capital market industry in Indonesia. Guaranteeing legal certainty is indispensable in the legal system of society, so that required a legal reconstruction in Islamic capital market industry in Indonesia. The questions are; what is the importance of law in Islamic capital market industry and how is the configuration of law reconstruction in Islamic capital market industry in the future.

Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh Muhammad Sibawaihi; Mokhammad Baharun
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Marriage has rules and regulations its implementation. According to Jambi Malay customary law, there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by all society of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.

Pandangan Tokoh NU Tentang Hadirnya Wali yang Telah Mewakilkan Perwaliannya M. Zaenal Abidin; Nurul Azizah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

It has become the custom people when they want to marry their children so the guardian represents either to the kiai, ustad, or penghulu on the grounds, the guardian isn’t confident to marry himself because he or she hopes to be barokah from someone who is considered more appropriate to do. After the guardian surrender his guardianship to the deputy, the guardian is usually asked to leave when the contract is executed without apparent reason. The purpose of study is to know how the views of NU Jember figures about the presence of a guardian has represented his guardianship in majlis akad and how the view of Islamic legal opinion about the presence of a guardian has represented his it. The approach method used research is qualitative approach, the data collection technique chosen is interview. The results of research found in addressing of NU jember character different views. Some NU leaders have some opinions that a guardian has represented his or her guardianship may be present in the contracting majlis and hasn’t effect the contract carried out as long as it doesn’t become one of the witnesses of the marriage.

Etos Kerja Islam Sebagai Upaya Meningkatkan Kinerja Organisasi Nanda Hidayan Sono
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

This article illustrates the role of Islamic Work Ethic. The Working Ethos of Islam is a personality attitude gives rise to a profound belief that work isn’t only to glorify itself, but also as a manifestation of righteous deeds, therefore has a very high value of worship. Successful organizations seem to have a strong Islamic work ethic. It can improve performance. This article has several aspects of the work ethic are studied and analyzed by bringing theory into real conditions, there by impacting the worker's performance then illustrates the role of Islamic Work Ethic. The Working Ethos of Islam is a personality attitude gives rise to a profound belief, the work isn’t only to glorify itself, to reveal humanity, but also as a manifestation of righteous deeds, therefore to have a very noble value of worship. Successful organizations seem to have a strong Islamic work ethic can improve performance. This article, several aspects of the work ethic are studied and analyzed by bringing together theories with real conditions, affect the performance of workers.

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.

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Moh. Asra

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istidlaljehi@gmail.com

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+6282244995150

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istidlaljehi@gmail.com

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

Location
Kab. situbondo,

Jawa timur

INDONESIA

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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