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An Nawawi

annawawi
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Published by Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang Banten

ISSN : 26560577 EISSN : 28096002 DOI : 10.55252/annawawi.v1i1

Core Subject : Economy, Social,

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

An Nawawi : Jurnal Hukum dan Ekonomi Islam is a scientific journal of Law and Islamic Economics published by Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang Banten - Indonesia. It is a semiannual journal published in April and October for the developing the scientific ethos. Editors accept scientific articles and result of research in accordance the nature of law and Islamic economics journals. This journal warmly welcomes to articles contributions from scholars of related disciplines.

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

Articles 53 Documents

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KONTRADIKSI DUA SUMBER HUKUM UTAMA DIALEKTIKA HADITS AHAD DAN QIYAS Silahuddin, Muhammad
An Nawawi Vol 1 No 1 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

This article shows that even though the Sunnah/Hadîts and qiyâs has been agreed by four priests schools (al-a’immat al-arba‘ah) as a source of Islamic law (mashâdir al-Ahkam), in addition to the Qur’an and ijmâ‘, but occurs deviation between them and their followers in the event of a contradiction (ta‘ârudh) between hadits al-âhâd with qiyâs, in the case used as the arguments to establish Shari'ah/Islamic Law. The majority of scholars, agreed to prioritize hadits al-âhâd than qiyâs as legal proof, the condition strict, ie that hadits al-âhâd to be authentic. Added by Hanafiyah, hadits al-âhâd is not associated with things that can not be avoided (‘umûm al-balwâ), and not unlike the practice of narrators, and not in conflict with the Qur’an and/or hadîts mutâwatir. Added by Imam Malik and scholars Malikiyah, the hadits al-âhâd does not contradict with ‘Amal Ahl al-Madînah, because of the nature of its legal force as the force of law hadîts mutâwatir. However, in certain contexts, Imam Malik put hadits al-âhâd than qiyâs in 4 (four) problems, namely the hadîts about: something/dog licking the affected vessel, musharrâh system purchase, sale and purchase of the system of ‘Arâyah, and about qur’ah. Similarly, imam Malik put qiyâs than hadits al-âhâd in matters of eating and drinking at the time of fasting due to forget, is a legal void, making it obligatory to be fullfilment (qadhâ’). While the opinion of the Hanafi imams who pioneered and Syafii instead basing on hadits al-âhâd narrated by Abu Hurayrah, that the fast is not invalidated, so it should be forwarded (enhanced), and not obligatory to be fullfilment (qadhâ’). Keywords: hadits al-âhâd, qiyâs, ta‘arudh, istinbâth, al-madzâhib al-arba’ah.

MASHLAHAH AL MURSALAH DALAM KONSEP KENEGARAAN MENURUT IMAM AL GHAZALI Haniatunnisa, Siti
An Nawawi Vol 1 No 1 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Imam al Ghazali as Islamic Scholar expert in the field of ushul fiqh, His thoughts in the field of ushul serve as a reference throughout the world and also in Indonesia for centuries. He is also one of the scholar who uses Mashlahah al-mursalah approach results in ijtihad. He formulates in the methodology in his famous books include Al-Mustashfa, Syifa'ul Ghalil and al-Mankhul on the provisions of the use mashlahah al mursalah. In addition al Ghazali also formulated a concept of state. The concept of state formulated by al Ghazali stands on the basis of the theory of interdependency and the theory of theo-democracy. In the concept of statehood, we find that al Ghazali uses the principle of Mashlahah as the basis or reference in the built of state. Al Ghazali in the concept of theo-democracy using Mashlahah al Mursalah as the basis of law in order to build people's sovereign State by using the principles of divinity (Mabadi Rabbaniyah). The concept of theo-democracy, is a concept of a moderate state (tawashutiyyan), which is not in the form of God State (theocracy) or Secular state, but it is in the middle between that two models of the State, namely the State which remain within the corridor etiquette and principles of divinity yet at the same time provide a soverignity in technical life of a country to a nation. Keywords: Imam al-Ghazali,Islamic scholar, ushul fiqh

MEMBACA DASAR-DASAR DAN IMPLEMENTASI FIKIH BUDAYA K.H. MA’RUF AMIN Pujiono, Abdul Hamid
An Nawawi Vol 1 No 1 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Cultural perceptions cannot be viewed as artistic perceptions. Often Indonesian society become talkative, when speaking culture is art. Though wide cultural coverage has placed the art on the portion that goes in it. Art is part of the culture. So the application and implementation of culture is basically daily and real. Integral and inseparable from human life. Therefore, the expression of art to stimulate creativity and innovation can not be equated with cultural perceptions that require harmony and harmony. Mapping the constellation of cultural fiqih will lead to socio-political realities in Indonesia. The concept of makharij al-fiqhiyyah initiated by K.H. Ma'ruf Amin will take the middle course. This is the answers to the existing reality, whether it involves understanding, movement, politics, or social imbalance. Islam through universal doctrine has given cultural outlines, but at the level of praxis still trapped in the past and outside influences. Keywords: culture fiqh, makharij al-fiqhiyyah

SISTEM EKONOMI HUMANISTIK VERSUS EKONOMI BEBAS Prawiro, Atmo
An Nawawi Vol 1 No 1 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

The debate of the world economic system that began post-cold war until today can be said victory is in the capitalistic system that uses the free market as one of its characteristics. The collapse of Unisovyet signifies the power of capitalistic economy as the ruler of the world economy. Because almost the countries in the world apply this system. In some countries the world is actually a lot of economic system that is used, but the fact that most of the capitalistic world that dominate it. Similarly, Indonesia is also a free market capitalistic system, although Indonesia in its constitution uses Pancasila economy (humanistic economy) which loves togetherness (ukhwah) and religious ruhs. This research uses descriptive analysis approach, with the sources used are published books and journals. The author finds that the humanist economic system in terms of the above concept belongs to the commonalities of Islamic values, even this humanist economy provides for mutuality, mutual help and high spiritual dimension, and this differs greatly from the free market economy developed by the global capitalist economic system . This free market economic system tends to be the object of human being, so there is a very far gap between the community and the conglomerates, and this is the hallmark of the free market economy. But on the one hand the humanist economy does adopt some capitalist system, as well as individual ownership and also adopt the economic socialism in terms of togetherness. Keyword: humanistic economy, capitalistic economy and Pancasila economy

PENGEMBANGAN EKONOMI KREATIF DESA MELALUI BADA USAHA MILIK DESA (BUMDES) MENUJU KOPERASI BERBASIS IT Wibowo, Hendro
An Nawawi Vol 1 No 1 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

The allocation of Village Funds (Dana Desa) from year to year increased, the Central Government has allocated Village Funds in 2015 amounting to Rp 20 trillion and in 2016 increased to Rp 47 trillion and in 2017 increased to Rp 60 trillion. For the province of Banten in 2015 has received village funds amounting to Rp 200 billion, in 2016 increased to Rp 791 billion and in 2017 to Rp 1 trillion. With the Village Fund is required accountability of village financial management in terms of planning, implementation, administration, reporting, accountability, guidance and supervision of village finances and to know the accountability of village financial management. The future goal of the allocation of Village Funds from the Central Government in order to form a Village Owned Enterprise (Badan Usaha Milik Desa). This study aims to develop the allocation of Village Funds can be allocated in the manufacture of Village Owned Enterprises with legal status of Koperasi by developing the potential of existing Village Economics based on Technology using Financial System Technologi and Market Place. Keywords: Alokasi Dana Desa (ADD), BUMDes, Fintech dan Market Place

INSTITUSI PENGAWASAN PUBLIK (HISBAH) MENURUT IBNU TAIMIYAH Hajar, Elvira Sitna
An Nawawi Vol 1 No 2 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

The book "Al-Hisbah fi al Islam" is a classic because it was written 700 years ago by Shaykh Ibn Taimiyah, but its relevance is still felt today. There are many discussions that are beyond their time and are increasingly evident in their urgency in modern times. This shows that the verses of the Qur'an and the Hadith of the Prophet Muhammad which are the main references are eternal and become the guidelines of human life throughout the ages. Hisbah can be defined as an institution for monitoring and controlling commodity prices in the market (price control) as well as monitoring the behavior of government officials. What is special about his work is that it does not only refer to texts as normative sources but also follows the history and practice of the people around him. So that apart from being scientifically qualified, new findings can also be discussed in the field. Although Ibn Taimiyah is known as an expert in kalam and fiqh, the book talks about public duties and market economy (issues that are the main concern of modern society today).

KAJIAN ISLAM KLASIK TERHADAP FAKTOR-FAKTOR RISIKO UNDERWRITING PADA ASURANSI JIWA SYARIAH DALAM MENGEMBANGKAN BAURAN PEMASARAN Achmad, Basuki
An Nawawi Vol 1 No 2 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

This study aims to determine the underwriting risk factors that will influence the decision to continue or change the underwriting policy in Sharia Life Insurance. known for underwriting which assesses age, place of residence and several other factors will be studied by finding it in some classic Islamic books.

DIPLOMASI SPIRITUAL KULTURAL DALAM PENCEGAHAN PEMBAYARAN DIYAT SEBAGAI UPAYA PERLINDUNGAN HUKUM WNI DI LUAR NEGERI YANG MENERAPKAN SYARIAT Tamami, Kholidah
An Nawawi Vol 1 No 2 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

The program to protect Indonesian citizens (WNI) abroad is one of the agendas for the Nawacita program of the Joko Widodo-Jusuf Kalla administration. Some of the protection efforts in the Middle East, the government often collides with qishas which is part of Islamic law in the country. The death sentence that befell the Indonesian citizen occurred because the victim's family did not forgive the Indonesian citizen who was suspected of being guilty, even the power of the king could not intervene in this matter. The presence of the state in the form of providing assistance from lawyers, involving local figures is a way of diplomacy that can relieve Indonesian citizens who are sentenced to prison in that country. Throughout 2015, the Ministry of Foreign Affairs through Indonesian Representatives in several countries has succeeded in freeing 48 Indonesian citizens from the threat of the death penalty. This study uses a descriptive qualitative method of analysis by collecting observation data, interviews, document collection and recording.

HUKUM WARIS ISLAM KONTEMPORER (PERSPEKTIF HERMENEUTIKA MUHAMMAD SYAHRÛR) Syaekh, Khaerul Ardhian
An Nawawi Vol 1 No 2 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Muhammad Syahrûr is one of the contemporary Muslim intellectuals who offers a new methodology for interpreting, understanding and establishing the laws in the Qur'an. With this methodology, a rational, systematic, and comprehensive al-Qur'an can become the salih li kulli al-Qur'an of the time of wa eating. This methodology can be used as an effort to have a dialogue with the Qur'an in answering current problems and being able to accommodate changes and developments of the times. Muhammad Syahrûr did a rereading of the Qur'an with a hermeneutic approach based on a linguistic approach which he called manhaj al-tarikh. The use of the linguistic approach by Syahrûr as the method of the Qur'an cannot be separated from his assumption that the Qur'an has two miraculous sides, namely literary and scientific. The first is understood with a descriptive-significant approach while the second with a historical-scientific approach, both of which lie within the framework of linguistic studies. In terms of inheritance law, Muhammad Syahrûr is of the opinion why in the opinion of commentators, men always get double the share of women, and this is considered an axiom as evidenced by the argument that women lack reason and religion.

PROSES PENYELESAIAN PERKARA HARTA BERSAMA DI PENGADILAN AGAMA Mahardhita, Gempur
An Nawawi Vol 1 No 2 (2021): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55252/annawawi.v1i2.15

When a marriage is terminated, a new legal effect arises. One of the legal impacts that arise is that the distribution of joint assets is required. Joint assets in marriage are property acquired during the marriage, this is as regulated in Article 35 paragraph (1) of Law Number 1 of 1974 concerning Marriage which reads "property acquired during marriage becomes joint property". The distribution of joint assets for Indonesian citizens who are Muslim is carried out in the Religious Courts. This is as regulated in articles 49 and 50 paragraph (2) of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The article essentially states that when there is a dispute over property rights between people who are Muslim related to marriage, endowments, zakat, inheritance, wills, infaq, sharia economics and shadaqah, the dispute is decided by the religious court. In its implementation, the settlement of the distribution of joint assets will go through the stages regulated by the Civil Procedure Code. This stage will be the basis for the panel of judges to give a decision related to the case being examined.

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Home Page

OAI Link

Editorial Team

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Contact Name Atmo Prawiro

Contact Email annawawi@stifsyentra.ac.id

Phone +6281905912319

Journal Mail Official annawawi@stifsyentra.ac.id

Editorial Address Jl. Kp. Kemuludan, Tanara, Serang, Banten 42194

Location Kota serang, Banten INDONESIA

Abstract

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Abstract

Contact Name
Atmo Prawiro

Contact Email
annawawi@stifsyentra.ac.id

Phone
+6281905912319

Journal Mail Official
annawawi@stifsyentra.ac.id

Editorial Address
Jl. Kp. Kemuludan, Tanara, Serang, Banten 42194

Location
Kota serang,

Banten

INDONESIA