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Syarah: Jurnal Hukum Islam dan Ekonomi
Published by Institut Agama Islam Negeri Lhokseumawe
ISSN : 23029978     EISSN : 27152642     DOI : -
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Social Sciences
Syarah: Journal of Islamic Law and Economics invites scholars, researchers, and students to contribute the results of their studies and researchers in the fields related to Islamic law and Economics which includes textual investigations, both in terms of theory and practice of Islamic law and economics and fieldwork related issues updated with the perspective of the Koran, Hadith and Ijma. This journal warmly welcomes contributions from scholars from related fields who consider the following general topics; (1) Sharia Economic Law, (2) Agreement Law in Islam; (3) Comparative Law on Economics; (5) Community Economic Institutions; (6) Civil, Economic, Business (Conventional) Law; (6) Contemporary Islamic Legal though; (7) The Law of Zakat and Waqf; (8) Anthropological Law and Sociological Law;
Arjuna Subject : Umum - Umum
Articles 87 Documents
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Kekerasan dalam Rumah Tangga (KDRT) Dampak Sosiologis Anak Tinjauan Maqasid Syar’iyah Chaliddin, Chaliddin; Nazaruddin, Nazaruddin
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 1 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i1.476

Abstract

Household as a place of violence often is a phenomenon of a life of its inhabitants consisting of various statuses, such as husband and wife, parents, children, people who have blood relations, people who work to help the household life, others who live, and people who still or have lived together in a household. The intensity of domestic violence in Indonesia in general and Aceh is particularly significant which leads to the sociological impact of children in their growth and development in terms of maqasidul Syariyah. Problem formulation 1. How is the cause of domestic violence (KDRT)? 2. How is the sociological impact of children due to domestic violence (KDRT) and maqasid syar'iyah perspective? 3.What are the steps taken to minimize the occurrence of domestic violence (KDRT)? Writing methodology which writer use in this research is library research which is descriptive analysis, The result of this writing are: 1. Cause of violence because of lack of education, existence of unequal power relationship between husband and wife. 2. Impact on the wife feeling depressed, shock, trauma, fear, anger, high emotion and explosive, couples, and depression, the impact of children make it has a tendency as nervous, easy to worry when faced with problems, often wetting, restless and uneasy, poor performance at school. 3. Lankah to minimize socialization to the community about domestic violence is an act that can not be justified, the role of mass media. Print media, television, cinema, radio and internet are very influential to prevent and reduce domestic violence.
Otoritas Wilayatul Hisbah dalam Pemerintahan: (Suatu Kajian terhadap Penegakan dan Pengawasan Hukum Islam di Aceh) Abdullah, Asnawi; Safriadi, Safriadi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 1 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i1.477

Abstract

This research wants to discuss about “wilayatul hisbah” authority in government. A review of the enforcement and supervision of law in Aceh. In this study, the authors use the library research (library research), and data collection is done by reviewing the literature that relates to wilayatul hisbah and other books related to the discussion of this study as a secondary material, so that the pattern is in the form of qualitative. In addition, the analysis by the writer is descriptive analysis. From the results of this study found the conclusion that the authorities Wilayatul Hisbah (WH) in government in a historical perspective covering prevent unjust enjoining enforcement and supervision. Wilayatul Hisbah (WH) is one of the judiciary in the government system, and is an official institution established by the government of the Islamic state. Hisbah region oversees things seem (Zahir) and already ma'ruf in the community. In addition to overseeing, Hisbah region also has the authority to sentence those who violated the Shari'ah. While authorities Wilayatul Hisbah (WH) in the context of the Aceh government can be detailed as follows: first, To supervise the implementation and violations of laws and regulations in the field of Islamic Shari'ah, both friendly, spiritual guidance and advocacy against any person based on preliminary evidence worth is alleged to have violated the laws and regulations in the field of Islamic shariah. Third, Slate advised, prevent and prohibit any person who should presumably have been, are or will be in violation of the laws and regulations in the field of Islamic Shari'ah. fourth, Bestows case a violation of legislation in the field of Islamic Shari'ah to investigator.
Pengoperasian Penalaran Bayāni dalam Alqur’an (Analisis Metode Amar dalam Perintah Shalat) Hana, Yusro
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 2 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i2.697

Abstract

In essence, fiqh law is an extract from the arguments of the Al-Quran and Hadith which are the main priority sources of Islamic law and are carried out by the method of reasoning in ushul fiqh. The need for the operation of ushul fikh rules is felt to be very important because the problems that arise in society arise and grow in various ways. Therefore, this paper wants to examine how the pattern of bayani reasoning in ushul fiqh? and How is the operation of ushuliyyah rules in fiqh cases? This research is in the qualitative realm which is more directed to conceptual ideas based on literature analysis (Library Research). The result of this study is that bayāni reasoning is a pattern of reasoning that is based on linguistic rules or on the meanings of pronunciation to find out the arguments that are 'amm and hash, muthlaq-muqayyad, nasikh-mansukh, amr, nahy, musytarak, majaz, essence, and others. According to majority ulema, dalalah amar muthlaq is essentially obligatory. unless there is an indication that turns it to other than obligatory, then amar is interpreted in accordance with the demands of the indication. According to majority ulema, amar muthlaq does not refer to repetition and haste to carry out actions. Whereas nahi muthlaq refers to repetition and haste to leave an act.
Transplantasi Organ Tubuh Menurut Perspektif Hukum Islam Yusriadi, Yusriadi; Zulhamdi, Zulhamdi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 2 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i2.698

Abstract

The Qur'an does not mention transplantation explicitly as specifically, but there are several verses of the Qur'an that contain a discussion of transplantation in general, as mentioned in (QS. 2: 2), (QS. 2 : 195), (Qur'an 5: 2), (QS. 59: 9), (QS. 17: 70), (QS. 5: 32). The research technique here uses the library research method, which is done by searching for research data or information through reading scientific journals, reference books and publication materials available in the library. The majority of fiqh scholars consisting of some Hanfiyyah scholars, some Malikiyyah scholars, Syfi'iyah scholars, some Syfi'iyah scholars, Hanbali scholars and Zaidiyah scholars, are of the opinion that using human organs as treatment is permissible in a state of arȗrat. It is required that there must be permission from the heirs who can be considered and their abilities with the will of a person who has died. According to Jumhur ulama, it is permissible to transplant, with the concrete reason that all rights of a corpse when it is still alive become the right of the owner to inherit the organs of the body before he dies. From the International Fatwa Council, it is permissible to transplant human vital organs, and cannot be traded.
Innovation of Baznas Rural Microfinance: Economic Stability Solutions in the Middle of the Covid-19 Pandemic Nurma Khusna Khanifa; Kurniawati Mutmainah; Achmad Affandi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 2 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i2.862

Abstract

Since the beginning of 2020, precisely in March, Indonesia was shocked by one of the phenomena, namely the Covid-19 pandemic. The deployment and an increasing number of Covid-19 cases occurred rapidly with a tremendous impact (extraordinary) on health, humanitarian, financial system stability and the reduction of the Indonesian economy. At that time, Indonesia experienced a difficult situation. Moreover, the difficulties were faced by the people of Indonesia. Both the state and the people need financial support. One of the largest financial sources in Indonesia, other than taxes, is zakat. Then, effective zakat empowerment needs to be done, especially during the Covid-19 pandemic. In the era of the Covid-19 pandemic, such a breakthrough needs to be made by zakat management institutions by looking at the situation and condition of the community. Zakat needs to be managed by a credible institution, such as BAZNAS. BAZNAS is an Islamic philanthropic institution dedicated to empowering the poor with a cultural approach through philanthropic activities (compassion/affection) and prophetic social entrepreneurship. To support this, innovations from zakat management institutions are needed so that the distribution is right on target to people in need. One of the innovations owned by BAZNAS is BAZNAS Rural Microfinance. BAZNAS Rural Microfinance is a program that utilizes zakat for productive businesses for people who are classified as weak (mustahiq) and have a commitment to entrepreneurship. This breakthrough in mustahiq empowerment is one of the programs that aim to meet the basic needs of people affected by Covid-19.
Batasan Riba, Gharar, dan Maisir (Isu Kontemporer Dalam Hukum Bisnis Syariah) Zulfahmi, Zulfahmi; Maulana , Nora
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 2 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i2.863

Abstract

The original law in muamalah is permissible. Islam gives freedom to its people to innovate in doing business or dealing with other people in terms of muamalah. However, the principle of freedom must comply with the recommendations and leave the prohibitions. Among the prohibitions in Islamic economic transactions are gharar, gambling, and usury, namely transactions that are expressly prohibited by the Qur'an and hadith. Because the treatment is classified as an act of vanity. Allah has commanded buying and selling and forbidden usury, just as Allah has forbidden the deceptive consumption of human money, and Allah has encouraged reciprocal trading (mutual benefit). The majority of scholars, from classical scholars to modern scholars, agree that this practice is prohibited. This prohibition is also intended so that property is not lost and to eliminate situations that create hostility between the people who transact.
Manhaj Al-Wasṭiyyah Yûsuf Al-Qaraḍâwi dalam Kitab Fatawa Muˋâṣirah Safnita Novriati
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 2 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i2.864

Abstract

This study aims to find out how the understanding of al-wasaṭiyyah taught by Islam according to the Qur'an and Hadith, understand Yûsuf al-Qaraḍâwi's thoughts about manhaj al-wasaṭiyyah, and how the application of manhaj al-wasaṭiyyah in the Muˋâṣirah Fatawa book. This research uses a qualitative descriptive research approach with library research. In data collection techniques, the author examines the books related to Yûsuf al-Qaraḍâwi which consist of primary data, namely the works of al-Qaraḍâwi which are related to manhaj al-wasaṭiyyah especially Fiqh al-Wasaṭiyyah al-Islamiyah wa at-Tajdîd, Sentences fî al -Wasaṭiyyah al-Islamiyah wa Maˋâlimiha and the book Fatawa Muˋâṣirah. While secondary data are books or articles about Yûsuf al-Qaraḍâwi's thoughts which are the results of interpretations of other people and other books related to the object of this study. In terms of analyzing data, the author uses the method of content analysis. Al-wasaṭiyyah is one of the characteristics of Islamic teachings, namely all aspects that arise in the life of a Muslim whose principles are justice and balance, as well as conformity with the Shari'a, without elements of exaggeration (ifrâṭ) or facilitating a matter (tafrîṭ). Yûsuf al-Qaraḍâwi views manhaj al-wasaṭiyyah as a balance and neutrality between two conflicting sides. One side may not dominate the other side nor eliminate it. One of the sides also does not exceed the level that should be his right so that he wrongs the other side. In his fatwa, al-Qaraḍâwi applies manhaj al-wasaṭiyyah by paying attention to legal balance and compatibility with maqâṣid ash-syarî'at.
Relevansi Pembiayaan Haji pada Pegadaian Syariah Lhokseumawe dengan Fatwa MUI No: 92 Tahun 2014 Iswandi, Iswandi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 2 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i2.868

Abstract

The presence of arrum haji products in Islamic pawnshops KCP Lhokseumawe makes people obsessed with borrowing money at Islamic pawnshops. However, this has also led to a sense of doubt and curiosity and even anxiety to customers about arrum Hajj products. This is because indirectly financing Hajj through arrum Hajj products seem the same as financing Hajj through Hajj bailout funds. In addition, the Qur'an also states that Hajj is only required for those who are able to carry it out, not vice versa. Of course this becomes a dilemma that has implications for customer anxiety and unrest. To get a definite answer related to the legal status of Hajj financing through arrum Hajj products, this study was studied using qualitative methods. The nature of this study is normative empirical. The results of this study is that the product arrum Hajj at pegadaian syariah KCP Lhokseumawe different from the financing of Hajj through bailout Hajj. In addition, the financing of Hajj through arrum Hajj products in terms of mechanisms and operations is relevant to the provisions of the Mui DSN Fatwa number: 92/DSN-MUI/IV/2014 on financing accompanied by Rahn, the law may register Hajj through arrum Hajj products. However, it is better to perform Hajj do not use borrowed funds or debt.
Preferensi Objek Zakat Fase Klasik dalam Aklimatisasi Hukum dan Problematika Fikih Kontemporer Maulana, Nora
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 12 No. 1 (2023): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v12i1.1503

Abstract

Academic discourse regarding classical zakat objects that are mapped with modern problems has not been investigated much, so it needs to be underlined that the lack of available literature is one of the causes of low public literacy so that zakat assets are not optimally realized. These conditions make this research more feasible and important to study in Islamic philanthropic work. This study is also interesting to study because it discusses the classical phase of zakat objects which are interconnected with the conditions of society in the modern era so that they are very useful in broadening the scope and literacy of society regarding zakat objects in a comprehensive manner. This study uses a descriptive qualitative method with a Systematic Literature Review (SLR) approach. The research data sources were obtained from books, journals, articles, and scientific sources related to the topic of study. Data analysis was carried out by adopting Miles and Huberman's theory through reduction, presentation, and conclusion. The research findings show that the development of classical zakat objects in the contemporary era occurs in agricultural, livestock and fisheries zakat. In agricultural zakat, it is obligatory to pay zakat on productive plants. Meanwhile, zakat on livestock and fisheries includes zakat on poultry livestock, both broiler and laying eggs, zakat on honey livestock, zakat on land fisheries, and zakat on marine products.
Menyewakan Kembali Objek Sewaan dalam Kajian Filsafat Hukum Islam Firdaus, Zulkifli; Busyro, Busyro
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 12 No. 1 (2023): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v12i1.1515

Abstract

One of the requirements of the leased object is that the object is perfectly owned by someone. In some cases, a person who rents a certain object sometimes rents it back to others even though he is not the owner, only as a beneficial owner. This paper aims to examine the acquisition of property obtained as a result of renting out the leased object from the perspective of hifz al-mal which is part of the discussion of maqashid al-syariah (philosophy of Islamic law). This research uses the library research method by collecting existing data from various related literature, then it is described and analyzed objectively with the maqashid al-syariah theory in the field of hifz al-mal. The results showed that re-renting a rented object without the permission of the object owner is a prohibition of Islamic law in obtaining property at the al-hajiyah level which makes it haram to do so, as well as the property obtained from these activities. Therefore, this action must be stopped to realize the benefit of the acquisition of property.

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