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Al-Tafaqquh: Journal of Islamic Law
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 27209164     DOI : http://dx.doi.org/10.33096/altafaqquh.v2i1.76
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Tafaqquh: Journal of Islamic Law is a peer-reviewed journal, published twice a year [January and July] by UMI, Muslim University of Indonesia. It is available online as open access sources as well as in print. Al-Tafaqquh: Journal of Islamic Law publishes articles in Islamic Law. The journal specializes in Islamic law studies, including Islamic family law, Islamic economic law, Islamic criminal law, Islamic constitutional law, zakat and waqf law, and thoughts of contemporary Islamic law.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol 3, No 2 (2022): July" : 5 Documents clear
Kafa’ah Nasab Sebagai Syarat Utama Bagi Pernikahan Wanita Syarifah di Kecamatan Lau Said Syaripuddin; Andi Banna
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.171

Abstract

This study seeks to reveal the attitude of the syarifah women's community in Lau sub-district, which sets specific criteria in selecting their prospective husbands in the form of kinship equivalence. The principle of lineage kafa'ah in marriage is still being maintained to this day. This study uses a qualitative-descriptive type and approach. Data collection was done by interview and observation. Data analysis in this study took place simultaneously with the data collection process. Data analysis was carried out through three stages of the water model, namely data reduction, presentation, and data verification. However, these three stages take place simultaneously, with the aim of presenting accurate data and information in the context of increasing public understanding and awareness of marriage kafa'ah in accordance with the spirit of Islamic religious provisions. The results found that the attitude of the community of Syarifah women in Lau sub-district who still firmly maintain the principle of kafa'ah nasab in their marriage cannot be separated from their belief that kafa'ah nasab in marriage is a condition that can guarantee their household in harmony. Second: social culture. They consider that the principle of kafa'ah nasab in choosing a prospective husband is a prestige in building a household.
Konsep Pelaksanaan Wakaf Uang di Indonesia St Samsuduha; Yush Nawir
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.172

Abstract

This paper examines the concept of implementing cash waqf in Indonesia. This writing study approach uses a theoretical study approach and interpretation of library materials. This study needs to be carried out to provide an understanding of the process of implementing cash waqf for the welfare of Muslims, and other people in general. Based on the results of the analysis, it is concluded that cash waqf is waqf in the form of funds handed over from assets in cash. This type of cash waqf also includes securities that can be managed by banks as LKS-PWU. Cash waqf is oriented towards productive investment that is lawful and does not conflict with Islamic law. The profits are then earmarked for the welfare of the beneficiaries. Cash waqf has only developed in recent years, previously people were more familiar with waqf of immovable property such as land. Currently, cash waqf has been legally protected in Indonesia so as to ensure the legality of its implementation. The regulations relating to waqf are contained in the Law of the Republic of Indonesia Number 41 of 2004; Government Regulation No. 42 of 2006 concerning the Implementation of Waqf; and Regulation of the Minister of Religion of the Republic of Indonesia No. 4 of 2009 concerning Administration of Cash Waqf Registration
Putusan Verstek Terhadap Perkara Perceraian di Pengadilan Agama Sungguminasa Kelas 1 B Jamiah Tompo; Nurhalifah Nurhalifah; Yusri Muhammad Arsyad
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.177

Abstract

­Marriage is a physical and spiritual relationship between a man and a woman as a couple who fully intends to form a happy and eternal family in the sight of God Almighty. With that there is a problem between the spouses and cannot be resolved by the second perpetrator, there is no longer any assumption until then one of the spouses or wives can apply in court. This research is a type of field research that is qualitative in nature with observation, interviews, and documentation techniques. The analytical method used in this research is using qualitative descriptive analysis techniques. This study aims to determine the verstek decision on divorce cases at the Sungguminasa Religious Court. As the results of the research, the author analyzes from what is obtained that the judge's considerations in the Verstek decision are in accordance with the applicable law in the provisions contained in Article 149 RBg/Article 125 HIR. The form of legal protection for the disputing parties is for the plaintiff if the arguments for the lawsuit are clear and have legal grounds, the lawsuit can be granted without the presence of the defendant. As for the defendant, the verstek decision was notified and informed that he had the right to give resistance (verzet) within 14 days after the verstek decision was delivered to the defendant.
Transformasi Zakat Produktif: Analisis Hukum Ekonomi Islam dalam Meningkatkan Kesejahteraan Masyarakat melalui BAZNAS Propinsi Sulawesi Selatan Riswana Ruslan; Yusri Muhammad Arsyad; Hasanna Lawang
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.219

Abstract

Productive Zakat is zakat funds given to the mustahik (recipient of zakat) to be developed and used to assist their business, so that the mustahik can continuously fulfill their daily needs. This research aims to determine the Islamic economic law's view on productive zakat and the management of productive zakat (BAZNAS) to increase the welfare of the people in South Sulawesi Province. The research used a field research method with a qualitative descriptive approach located at BAZNAS South Sulawesi Province in Bontoala District, Makassar City. The data collection techniques used were observation, interviews, and documentation. The results show that the distribution of productive zakat funds is very beneficial for the mustahik and can increase their income. However, the mustahik must have a competitive profit strategy and develop their business.
Kajian Hukum Islam terhadap Praktik Mappajak (Sewa Menyewa) Pohon Cengkeh di Desa Bonto Salama Kabupaten Sinjai Rosmi Andini; Muhammad Hasibuddin; Muhammad Akil
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.220

Abstract

The study aims to investigate the mechanism of mappajak (lease) practice of clove trees in Bonto Salama Village and analyze the Islamic law perspective on mappajak (lease) practice of clove trees in the area. This qualitative research sources data from the village head and involved parties. Data collection techniques include observation, interview, and documentation. The collected data is processed through editing, organizing, and finding the results and then analyzed using the inductive method, followed by a conclusion. The study reveals that the mappajak (lease) practice of clove trees in Bonto Salama Village is not valid according to Islamic law because it does not fulfill one of the pillars of ijarah (lease), namely benefits. The benefit gained from mappajak (lease) of clove trees is in the form of material (clove fruit), while ijarah (lease) is a contract that transacts a property to be taken its benefit according to its function, not to take the material produced. Furthermore, the mappajak (lease) practice of clove trees in Bonto Salama Village involves uncertainties in terms of profit and loss before the harvest, as it only relies on estimation, which may cause regret, dispute, or even litigation in the future

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