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Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam
Published by Sekolah Tinggi Agama Islam Al-Hikmah 2 Brebes
ISSN : 26558882     EISSN : 2723195X     DOI : https://doi.org/10.56593
Core Subject : Religion, Humanities, Health, Education,
Religion Humanities Education Nursing Public Health
Jurnal Khuluqiyya diterbitkan oleh Sekolah Tinggi Agama Islam Al-Hikmah 2 sebagai media untuk menyalurkan pemahaman tentang hukum dan studi Islam berupa hasil penelitian lapangan atau laboratorium maupun studi pustaka. Khuluqiyya secara etimologi berarti hukum-hukum yang berkenaan dengan akhlak. Petunjuk untuk mengembangkan potensi kebaikan yang ada dalam diri manusia agar menjadi makhluk terhormat yang sesungguhnya (mulia). Redaksi menerima naskah yang belum pernah diterbitkan dalam media lain dari dosen, peneliti, mahasiswa maupun praktisi dengan ketentuan penulisan, Naskah yang masuk akan dievaluasi dan disunting untuk keseragaman format, istilah dan tata cara lainnya. Khuluqiyya: Journal of Islamic Law emphasizes the study of Islamic family law and Islamic law in Islamic countries in general and specifically by emphasizing the theory of Islamic family law and Islamic law and its practice in the Islamic world that developed in attendance through publications of articles. Scope This journal specializes in studying the theory and practice of Islamic family law and Islamic law in Islamic countries, Islamic studies, Islamic socio-political, Islamic philosophy, Islamic perspectives which are intended to reveal original research and current issues. This journal warmly welcomes contributions from scholars from related fields who discuss the following general topics; Islamic Family Law Islamic Economic Law Islamic Criminal Law Islamic Constitutional Law Zakat and Waqf Law Thought of Contemporary Islamic Law Islamic Education Islamic Socio-Politics Islamic Though Islamic Philosophy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2023)" : 8 Documents clear
Hakekat Dan Aplikasi Kaidah Fiqih Tafriq Al-Halal ‘An Al-Haram (Idza Ijtama’ Al-Halal Wa Al-Haram Ghuliba Al-Haram) Hudzaifah Achmad Qotadah
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.105

Abstract

This article aims to discuss the principles of fiqhiyyah at-tafriq baina al-halal wal haram (separation between something halal and haram). The rule that is the subject of study is the rule, namely the rule "idza ijtama' al-halal wa al-haram ghuliba al-haram" (if it is mixed between what is lawful and what is unlawful, then the mix is considered unlawful). This research is a qualitative type research based on library research which is then analyzed descriptively. The results of the study show that the separation between halal and haram in Islam is very important because each has different implications and consequences so that Muslims are expected to always try to understand and practice the principles of tafriq al halal an al haram in all kinds of life activities.
Menggambar Animasi Dalam Tinjauan Kaidah Al Ashlu Fi Asyai Al Ibaha Karlin Permata Suri
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.106

Abstract

Images that can move and look real are known as animation which is currently not only enjoyed by children as a form of learning while playing, but animation has also become entertainment for teenagers and adults. In the early days of Islam, drawing was an act that was prohibited because pictures were made for the purpose of being revered and they were often worshiped. This of course can affect people who have just embraced Islam because it can affect their firmness in believing that Islam is the true religion, because this is a habit that they often do when they are not yet a Muslim. This continues to be believed by the Muslim community as an act that is prohibited in Islam until today's modern times. This research focuses on the act of drawing animation in terms of the fiqh rules of al-Ashlu fi Asyai al-Ibaha with the formulation, First, why is drawing still referred to as an unlawful act in modern times. The second is how the rule of al-Ashlu fi asyai al ibahah is applied in the problem of drawing animation in today's modern times. The results of this study are, First, the act of drawing was prohibited at the beginning of the Islamic period which caused it to continue to be believed today because it was feared that the images made would be used to worship or get blessings from people they believed were holy, which of course this was acts that associate partners with Allah SWT. Second, the rule of al-Ashlu fi asyai al-Ibahah is a rule that can be applied to this act of drawing, bearing in mind that drawing at this time has a lot of benefits arising from its harm such as entertainment, education, business and others, so it needs to be understood that drawing is basically an act that is permissible as long as it does not lead to things that are forbidden..
Manajemen Risiko Pada Penerbitan Sukuk Usaha Kecil Menengah (UMKM): Perspektif Kaidah Fikih Muhammad Abu Rivai
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.107

Abstract

Crowdfunding services are institutions that can facilitate meetings between investors and small and medium enterprises (SMEs) who need funds through the company's digital platform. Investors who will invest through crowdfunding services can be converted into share ownership, debt ownership (bonds) or joint ownership (sukuk). Investors will get returns in the form of dividends or profit sharing from the company's profits which are distributed periodically. Meanwhile, SMEs get additional capital that is fast, easy and inexpensive to increase their business capacity. In doing business, of course everyone wants to get the maximum profit and minimize the risk of loss as small as possible. Risk itself is an inseparable part of life, because all activities must contain risks. One thing that can be done to minimize the risk of loss is to create a risk management strategy. Risk management is very important because it can maintain the continuity of the issuance of small and medium enterprise (MSMEs) sukuk by crowdfunding institutions. However, it is necessary to conduct a study to examine this in the perspective of fiqh rules The research method used in this study is a literature study. The tool to analyze it is the rule of fiqh (al kharja bidh dhaman) which means that profit is a reward for readiness to bear losses. In a mudharabah contract, profits and losses are shared. If the business is profitable, the investors and business actors will also benefit. If the business has incurred a loss, the investor and the business actor must both bear the loss. It is a mistake if the investor asks for the capital to be returned as long as it is not due to the carelessness of the business actor. Whereas in the wakalah contract, the person who receives power over the object being authorized must be a trustworthy person. The person who is given this mandate is not subject to dhaman (compensation) unless there is negligence. One way to measure unlawful risk mitigation practices is to use the al kharaj bidh dhaman rule. The parties to the contract should each have their own kharaj (rights) and dhaman (obligations). The practice of risk mitigation becomes problematic when there are parties who are safe from the risk or do not want to bear the portion of the risk that should be their responsibility. Bearing in mind that ownership creates rights and obligations, the rules for dividing the risk of loss are in accordance with the portion of ownership of each party. The bigger the portion, of course the bigger the risk that must be borne.
Meninjau Penerapan Kaidah Idza Tsaqata Al Ashlu Tsaqata Al Far’u Pada Bisnis Dan Ekonomi Siswanto
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.108

Abstract

In solving the contemporary problems, The Legal Maxims of Islamic Jurisprudence has an important position for that or providing alternative solutions to various problems that arise, especially in this modern era. The devinitive legal answers to current modern problems are often not found in the Al-Qur'an and As-Sunnah and even in the classic books that are discussed by by earlier scholars. Therefore, the principles of fiqh (Qawaidul Fiqhiyah) have been formulated by earlier islamic scholars of fiqh, then have become an important medium for doing ijtihad in the realm of formulating laws/istimbatil ahkam in these issues. One of them is using the principle of idza tsaqata al ashlu tsaqata al far'u. Therefore, through this short paper, the author tries to explain the meaning and application of this method in the operational activities of muamalah business and especially in the world of financing transactions in Islamic banking
Paradigma Hukum Dalam Perspektif Taqi Al-Din Al-Subki Taufik Setyaudin
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.109

Abstract

The elements contained in a paradigm become a mode of thought, mode of inquiry, and mode of knowing. Through this paradigm, it will be seen how the conception and systematic thinking of scientists when looking at an object or a certain framework in understanding something. In the paradigm of Islamic law, there are broad and permissive legal principles and provisions, leaving room for human existence related to social and historical developments.Al-Subki was a Qadi, appointed by the Mamluk sultan, subject to a condition (whether express or implied) that necessitated restrictions on the Shafi'i school of thought. In addition, al-Subki is a mujtahid fi al-mazhab, that is, someone who is able to build a paradigm of rational law based on the elements of ikhtilaf in a school
Kaidah Fikih Dalam Halal Dan Haram Menurut Syaikh Yusuf Al-Qardhawi Wisnu Indradi
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.110

Abstract

In the teachings of Islam, the concept of halal and haram has a strategic role in regulating various lines of life for Muslims, including food, drink, social interaction, the economy, and various other activities. In this journal, we will provide a comprehensive explanation of the fiqh rules regarding halal and haram according to Shaykh Yusuf Al-Qaradawi. Rules regarding halal and haram are taken from sources of Islamic law, namely the Qur'an and Hadith. From the contents of these texts, it is then formulated in 11 principles of fiqh. As for the other side of these fiqh rules, they are as follows: First Rule, The Law of the Origin of Everything is Mubah, Second Rule, Deciding what is lawful and unlawful is the sole right of Allah, Third Rule, forbidding something lawful and making something lawful unlawful is the same as associating partners with Allah, Fourth Rule, forbidding something lawful will cause evil and danger, Fifth Rule, in halalness there is no need for what is unlawful, Sixth Rule, Everything that leads to unlawful is unlawful, Rule Seventh, deal with something that is unlawful, the law is unlawful, Eighth Rule, good intentions cannot change what is unlawful, Ninth Rule, stay away from doubt for fear of being involved in unlawful, Tenth Rule, there are no exceptions for servants in unlawful law and Eleventh Rule, in urgent situations it is permissible to do something that is forbidden. In addition to explaining the rules and their legal basis, we also include examples of each application of these rules.
Tindak Pidana Pencurian Yang Dilakukan Oleh Anak Dibawah Umur Dalam Tiga Perspektif Dhyah Nur Fitriana; Ghoniyah Zulindah Maulidya
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.111

Abstract

Theft is one of the actions that can damage relations between communities. If left alone, there will often be damage to public relations caused. Fatal if the perpetrators of theft from among minors who are still not of legal age. Because children are the future of the country, they will be the successors of the nation. Therefore, children must be facilitated with quality education so that later the country can develop well. Perpetrators of underage theft have different legal processes. Therefore, it is very interesting to conduct research and find solutions to the problem of minors as perpetrators of criminal acts, especially theft. The purpose of this study is to determine the position and punishment of cases of minors as perpetrators of theft crimes in three perspectives, namely the perspective of positive law, Islamic law, and the perspective of penology. This research uses normative law, namely library research that examines various secondary data so that it requires legal material as the main data
Pengukuran Kualitas Mashlahat dan Madharat dalam PenetapanDispensasi Kawin Islami, Azim Izzul
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.113

Abstract

Eventhough there are differences between hujjah principles of fiqh as theorem, judges at Religious Court (Indonesian Islamic Court) often citingprinciples of fiqh that dismiss mafsadat as preference which called “dar’u al mafasid muqaddamun ala jalb al mashalih” for supporting arguments oflaw as law reasoning in a case request for marriage dispensation. Underage marriage actually confronted between mashlahat and madharat all atonce. Application of principles of fiqh frequently done disproportionate and inappropriate so that it is not in line with the purposes of marriagewhich suppose forming happy and lasting family (household) founded on belief in God Almighty. This research is a normative research with qualitative approach in the form of critical study in applicating mashlahah theory in judge’s decision on marriage dispensation that using principles of fiqh that dismiss mafsadat as preference, but has potential to deviate marriage’s purposes. The result of this research giving description and analysis towards potential’s quality of mashlahat and madharat that will be emerge from underage marriage. A judge must done identification thoroughly towards a child’s readiness to marry, whether there is duress or not and urge reasoning to marry. Comprehensive analytic towards those aspects will generate mashlahat and madharat analysis that measurable so that principles of fiqh that dismiss mafsadat as preference’s application become accurate, proportional and in line with sharia’s goals.  

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