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An Nawawi
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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TINJAUAN UNDANG-UNDANG DALAM PERCERAIAN DI LUAR PENGADILAN AGAMA Fajri, Muhamad; Silahuddin, Muhammad
An Nawawi Vol 2 No 1 (2022): 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.v2i1.16

Abstract

This study aims to explain the phenomenon of divorce outside the court according to Law Number 1 of 1974 concerning Marriage. In the context of positive law in Indonesia, the divorce procedure is regulated in a registered process. To avoid negative impacts, the Indonesian government issued a regulation that divorce can only be carried out in front of a court session. This research uses a qualitative phenomenological type of research with a case study approach and library research by conducting an assessment of the laws and regulations, books, and fiqh books related to the title of this thesis. The primary data in this study is qualitative data obtained through interviews and observations. The findings of the study indicate that the factors causing divorce outside the religious court in Rancagong Village, Legok District, are habits that often consider complicated procedures and stages in the divorce process at the Religious Courts, the unaffordable cost of the religious court process, the assumption that only the word divorce is legally binding. there is a direct legality of divorce according to religion (customary law), and the lack of information on the importance of a law in population status in Indonesia
KONSEP TABUNGAN DALAM FATWA DSN MUI: STUDI PENEREPAN AKAD WADI’AH PADA PRODUK TABUNGAN DI BANK SYARIAH MANDIRI BALARAJA TANGERANG Solehah, Siti; Prawiro, Atmo
An Nawawi Vol 2 No 1 (2022): 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.v2i1.17

Abstract

This study aims to find out how the concept of savings in the form of wadi'ah contract practices in Savings Products at Bank Syariah Mandiri (BSM) Tangerang Balaraja, before the merger of BSM with other Islamic banks. The contract of safekeeping of goods or money between the party who owns the goods or money and the party who is entrusted with the aim of maintaining the safety, security, and integrity of the goods or money is allowed. This is explained by the DSN-MUI Fatwa No. 01-02/DSN-MUI/IV/2002 that savings and demand deposits (without deposits) are allowed using wadiah contracts. The method used in this research is qualitative, with in-depth interview data collection techniques and content analysis. The findings in this study are the practice of wadiah contracts at Bank Syariah Mandiri (BSM) Tangerang Balaraja, fulfilling the provisions of the DSN MUI fatwa and also complying with applicable legal rules. However, the wadiah concept that exists in BSM is still not fully understood by customers, this certainly affects the performance of the BSM.
MEKANISME PENYELESAIAN BAGI NASABAH WANPRESTASI Masturoh, Neneng; Haniatunnisa, Siti
An Nawawi Vol 2 No 1 (2022): 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.v2i1.18

Abstract

This study aims to find out how the concept of savings in the form of wadi'ah contract practices in Savings Products at Bank Syariah Mandiri (BSM) Tangerang Balaraja, before the merger of BSM with other Islamic banks. The contract of safekeeping of goods or money between the party who owns the goods or money and the party who is entrusted with the aim of maintaining the safety, security, and integrity of the goods or money is allowed. This is explained by the DSN-MUI Fatwa No. 01-02/DSN-MUI/IV/2002 that savings and demand deposits (without deposits) are allowed using wadiah contracts. The method used in this research is qualitative, with in-depth interview data collection techniques and content analysis. The findings in this study are the practice of wadiah contracts at Bank Syariah Mandiri (BSM) Tangerang Balaraja, fulfilling the provisions of the DSN MUI fatwa and also complying with applicable legal rules. However, the wadiah concept that exists in BSM is still not fully understood by customers, this certainly affects the performance of the BSM.
IMPLEMENTASI AKAD JUAL BELI PERSPEKTIF MADZHAB AL-SYAFI’I DAN KONTESTUALISASINYA PADA JUAL BELI DI PASAR TIRTAYASA SERANG Alwani, Alwani; Pujiono, Pujiono
An Nawawi Vol 2 No 1 (2022): 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.v2i1.19

Abstract

The location of this study is located in Tirtayasa Serang Bnaten Market, which is the reason the area is used as the object of research is because the market has a strategic place and neatly arranged, from trading places to vehicle parking lots, then researchers are interested in the implementation time of the Market that operates only on Wednesdays and Saturdays. This writing uses field research (field research) that is by jumping in the field or research location. Data collection techniques with interviews, observations, documentation. The data from this study consists of primary data and secondary data, and is then analyzed with qualitative descriptive research methods. From the results of field research, researchers get and obtain the fact of the implementation of buying and selling in accordance with Madzhab shafi'i, some people use as in Indonesian the word "thank you" as a form of acceptance. Regarding shighat, traders in Tirtayasa still use although not all, but practiced by some traders as did Mother Fatimah, a clothing merchant who still uses shighat (ijab and qabul) like the word "I sell this item to you" and then the buyer replied "I received goods from you".' But sometimes it is used if there are similar buyers using it. Then the use of Khiyar in buying and selling traders use it but if there are defective goods caused by the merchant, then the goods can be returned by the buyer to the merchant, while the defective goods are caused by the buyer, then the goods cannot be returned by the buyer to the merchant. In addition, regarding the use of buying and selling agreements there are those who use customary customs (Urf) but there are benefits of the habit, between sellers and buyers. The implementation of this research is the need for a buying and selling agreement in accordance with Madzhab Shafi'i in order to achieve buying and selling in accordance with the principles of fiqh science provisions in Madzhab Shafi'i, insyaaAlloh useful and blessings.
PERAN KANTOR URUSAN AGAMA (KUA) DALAM MENGURANGI PERKAWINAN SIRI Habibi, Habibi; Musorif, Musorif
An Nawawi Vol 2 No 1 (2022): 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.v2i1.20

Abstract

Unregistered marriages are called underhanded marriages, which are marriages carried out by Indonesian Muslims who have fulfilled the requirements and pillars of marriage according to religion but are not registered with the marriage registrar. The existence of economic factors, remote locations, and complicated administrative requirements make people reluctant to register their marriages. Based on this background, this study aims to determine the role of the Office of Religious Affairs in reducing unregistered or unregistered marriages, while the method used is a qualitative-descriptive approach supported by complete primary and secondary data. The results obtained from research in the community around the Office of Religious Affairs, Kec. Tirtayasa as the primary data source, it is known that the people of Kec. Tirtayasa is not aware of the importance of registered marriages and lacks knowledge of the importance of marriage certificates. So the need for the role of the Office of Religious Affairs in taking action by means of socialization assisted by extension workers and directing directly to the people who want to hold marriages around the district. Tirtayasa.
PENERAPAN HUKUM KELUARGA ISLAM PADA FASE PENJAJAHAN DAN KESULTANAN Nyiwulan, Nyiwulan
An Nawawi Vol 2 No 2 (2022): 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.v2i2.22

Abstract

The law during the colonial and sultanate periods in Indonesia already existed and has even been practiced by the community, this can be seen by the establishment of legal theory forms ranging from creed theory, receptio in complex theory to receptie theory. The legal form of the creed theory and the theory of receptio in complex during the sultanate period had been applied before the colonialists came, so that there was an attempt at legal intervention from the Netherlands against Islamic law by confronting customary law by establishing the receptie theory. The application of Islamic family law sociologically becomes a reference for values ​​that are believed to anticipate the development of all fields, philosophically it has become a positive law in the Indonesian legal system which has been applied legally legally, culturally it still exists even though it is no longer a form of the legal system. Due to the influence of Dutch legal intervention, Islamic family law is no longer a complete positive law because it has experienced a mixture of legal sources, such as the unification and codification of law.
ANALISIS PEMANFAATAN GADAI SAWAH DITINJAU DARI SEGI HUKUM ISLAM (DITELITI DI DESA CIJAKU KABUPATEN LEBAK BANTEN Lu’luul Karimah, Adhiyani
An Nawawi Vol 2 No 2 (2022): 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.v2i2.23

Abstract

In Article 1150 of the Civil Code, a pawn is a right obtained by a person who owes money to a movable property, which is handed over to him by a debtor or by another person on his behalf, and which gives the debtor the power to take repayment of the goods. with precedence over other debtors; with the exception of the cost of auctioning the item and the cost that has been incurred to save it after the item has been mortgaged, which costs should take precedence. In this study, the authors conducted interviews with several parties in order to obtain information to support and complement the materials obtained by literature study. The interviews included informants who had practiced pawning the fields, ulama figures and Cijaku Village officials. Accompanied by distributing questionnaires for pawnbrokers and pawn recipients. From this research, it can be concluded that there is an invalidity in the contract, namely sighat, because at the time of ijab-qabul it is not stated when the pawn contract will end. It is invalid if the recipient of the pawn (murtahin) does not determine the time limit for the pawn, the continuous taking of the benefits of pawning the fields will result in losses for the pawning party (rahin).
PENGARUH TENAGA KERJA, PEMBIAYAAN BANK SYARIAH, EKSPOR DAN INFLASI TERHADAP PERTUMBUHAN EKONOMI SEKTOR PERTANIAN DI INDONESIA PERIODE 2017-2021 Amanda, Resti; Lutfi, Mohammad
An Nawawi Vol 2 No 2 (2022): 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.v2i2.24

Abstract

The high employment opportunities in the agricultural sector have the potential to increase economic growth in the agricultural sector. However, various factors have not been optimized, such as the workforce itself, the distribution of Islamic bank financing which is still low, commodity exports are still small, and fluctuations in the inflation rate. This study was conducted to analyze the relationship between the variables of labor, Islamic bank financing, exports and inflation partially and simultaneously on the economic growth of the agricultural sector in Indonesia. Data analysis uses panel data regression with the help of Eviews 12 in 27 Indonesian provinces for the period 2017-2021 period. The results showed that partially labor, Islamic bank financing and exports had no significant effect on the economic growth of the agricultural sector. Inflation partially positive and significant effect on economic growth in the agricultural sector. Meanwhile, simultaneously, labor, Islamic bank financing, exports and inflation have a significant effect on the economic growth of the agricultural sector in Indonesia for.
KONSEPSI HALAL DALAM BERNEGARA Ahmad Saupi, Ahmad Saupi
An Nawawi Vol 2 No 2 (2022): 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.v2i2.25

Abstract

This study aims to determine the concept of halal in the state. Halal is an important activity for Muslims in religion. Marking the obedience of a Muslim in carrying out his worship. The basic concept of halal in the state is very important to become the understanding of citizens, in order to support the halal succession, it can be applied to broader aspects for the good of the Indonesian nation into the future. This study uses a qualitative method that is a library research. This type of data and research materials comes from primary and secondary data. The primary source used is Law Number 33 of 2014 concerning Halal Product Guarantee, and secondary sources in this study are supporting references about halal. The data collection method is in the form of library data that has been selected, searched, presented and analyzed. The data analysis technique is in the form of content analysis, so that the meaning and relationship of halal in the state can be known The results of this study reveal that the meaning and relationship of halal in the state based on Law Number 33 of 2014 concerning Halal Product Guarantee, places the position of halal in a limited sense, namely as a predicate attached to the object, the object is a halal product. Meanwhile, the law does not regulate halal as a norm, namely halal which has provisions regulating human behavior.
STATUS UJRAH (UPAH) PADA AKAD IJARAH: STUDI UPAH FOTOGRAFER PRE WEDDING Tiana, Selvi; Ngatiyar, Ngatiyar
An Nawawi Vol 2 No 2 (2022): 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.v2i2.26

Abstract

The purpose of this study is to explain the position of ujrah or wages generated in the work of pre-wedding photographers which are thought to cause several problems. As a photographer, he plays a role in taking pre-wedding photos which are done with various poses or different styles, such as the style of being alone, hugging, touching each other and even revealing their genitals. The research method used is qualitative research with literature (library research), namely a series of activities relating to the methods of collecting library data, reading and recording and processing research materials. library research only utilizes library resources to obtain research data and limits its activities to library materials without requiring field research. The results showed that the ujrah (wages) resulting from taking pre-wedding photos were considered doubtful or unclear. Because in the implementation process there are elements that are not in accordance with the rules of Islamic law.

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