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Contact Name
Zulfadli
Contact Email
zulfadlish598@gmail.com
Phone
+6285340933352
Journal Mail Official
alaqwaljurnalhukumislam@gmail.com
Editorial Address
Fakultas Syariah IAIN Fattahul Muluk Papua, Indonesia Jl. Merah Putih Buper Waena, Distrik Heram, Kota Jayapura, Provinsi Papua, 99351
Location
Kota jayapura,
P a p u a
INDONESIA
Al-Aqwal : Jurnal Kajian Hukum Islam
ISSN : -     EISSN : 28299736     DOI : https://doi.org/10.53491/alaqwal
Al-Aqwal : Jurnal Kajian Hukum Islam merupakan jurnal akademis yang berfokus pada kajian ilmu hukum Islam yang diterbitkan oleh Fakultas Syariah yang berfokus pada pemikiran hukum Islam, Kajian literatur, sertata gagasan konseptual yang berkaitan dengan : Hukum Keluarga Islam; Hukum ekonomi Syariah; Hukum Pidana Islam; Hukum Konstitusi Islam; Hukum Zakat dan Wakaf dan Hukum Islam Kontemporer.
Articles 5 Documents
Search results for , issue "Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam" : 5 Documents clear
Mitos Nasi Punar Pengantin Ditinjau Dalam Perspektif Urf: The Myth of the Nasi Punar Bride Reviewed in the Perspective of Islamic Law Aprilianti, Fani; Anisah, Inayatul
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

In the current era of globalization and easy access to information technology, people's beliefs that have developed and existed since time immemorial have not diminished, such as the myth of Nasi Punar Bride, this myth has developed and is still believed by the people in Gelang Village, Sumberbaru District, Jember Regency, this belief includes that This punar rice can improve the fortunes of brides and grooms, can quickly find a soul mate for those who are still single, can cause household harmony as well as cause separation. Starting from the facts that occur in society, the author is interested in researching the myth of the nasi punar bridal reviewed from the perspective of Islamic law. The aims of this research are as follows: firstly, to find out the law for people who believe in the myth of nasi punar bridal viewed from the perspective of urf, secondly, what are the legal consequences if they believe it? the myth of bridal rice punar from a urf perspective. This research is a type of empirical research / field research using the urf approach method. Data collection techniques were carried out by means of interviews, observation and documentation. Data analysis goes through the stages of data collection, data reduction, data presentation and drawing conclusions. In order to test the validity of the data, the author used a triangulation technique, so that the results of this research concluded that: the practice of nasi punar in Gelang village, Sumberbaru sub-district, Jember district is carried out by the entire community with the aim of respecting the cultural heritage of ancestors, the ingredients and procession do not violate the rules of Islamic law, Regarding the myths circulating about this tradition, it is only believed by some parents whose thinking is still old-fashioned. In terms of urf, this tradition is included in the category of urf authentic / good tradition because there is no harm found in it. This tradition is also carried out outside of marriage, and does not in any way harm the validity of the marriage contract, so this tradition is permissible or permissible to carry out and preserve.
Asas Mabda’ Ar-Radha’iyyah Dalam Keabsahan Perjanjian Over Kredit KPR Syariah: Mabda' Ar-Radha'iyyah Principles on The Validity of Sharia Mortgage Over Credit Agreements Jamil, Nury Khoiril Jamil; M. Ghufron; Abd. Syakur
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

The research focuses on the over-credit phenomenon which is often carried out due to customers' inability to carry out obligations or other reasons for Sharia KPR agreements in Indonesia. This phenomenon is important to study in order to determine legal certainty regarding the agreement between the giver and recipient of overcredit which ultimately does not cause losses for either party. This research focuses on two topics that will be studied, namely, first, related to the characteristics of Sharia KPR over-credit agreements in Indonesia, second, related to the validity of Sharia KPR over-credit agreements from the perspective of the Mabda' Ar-Radha'iyyah Principle. This research uses a normative research type with a statutory and regulatory approach and a conceptual approach. This research produces an analysis that, first, there are 2 (two) types of over-credit agreements in Indonesia, namely under-the-hood and legal procedural. Especially in this type of over-credit under the hand, it is an agreement with a new party without prioritizing good faith, especially towards the bank. Second, the validity of a sharia contract is assessed from the consent of the parties. One important element in consent is shown by the presence of complete information, which is an element of openness in the contract. In the context of over-credit carried out privately, this element is not achieved until the contract becomes invalid (fasakh) and the validity of the actions of the giver and recipient of over-credit becomes null and void and has no legal force.
Implementasi Maqashid Syariah dalam Perniagaan Dropship: Implementation Of Maqashid Syariah In Dropship Commercial Sidanatul Janah
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

The Rapid technological developments have an impact on human activities directly and indirectly. Having a market place makes it easier for a seller to sell their products. Dropship can be interpreted as a business activity that uses small capital. This business does not stock goods like sellers in general. So if a buyer comes to the dropshipper (the person who does the dropshipping), he will contact the party he is working with for the goods. Furthermore, the goods purchased by consumers will be sent directly from the party collaborating with the dropshipper to the consumer. Dropshipping activities can be interpreted almost the same as brokering. In this article we will discuss the scope of dropshipping, the use of wakalah contracts, the use of samsarah contracts, and their correlation with the concept of maqashid Sharia. The research approach used is a qualitative approach in the form of a literature study which leads to providing a description of the research object and its relation to everything being researched in the form of dropshipping in Maqashid Syariah. In this research, a qualitative descriptive design type was used and focused more on library research. The results of this research are that based on Islamic law, dropship activities are related to wakalah contracts and samsarah contracts. Based on analysis using Sharia maqashid, Dropshipping can be carried out as long as it meets the pillars and requirements of Islamic behavior and there is benefit for humans, as well as benefits for both parties.
Implementasi Solidaritas Sosial Emile Durkheim Bagi Pasangan Suami Istri: Suatu Bentuk Perwujudan Keharmonisan Keluarga: Implementation of Social Solidarity for Married Couples: A Form of Manifestation of Family Harmony Marwah, Marwah; Nur Khotimah, Adiva; Isnaini, Lailatul
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

Seeing husband and wife disputes that lead to divorce caused by a lack of belonging and respect for each other, this study aims to describe the form and efforts of husband and wife solidarity in realizing harmony with them. The method used in this research is a literature study with a sociological normative approach. Next this research will be analyzed using Emile Durkheim's theory of solidarity. The results showed that family harmony can be obtained through the closeness and openness of husband and wife. Closeness and openness here according to Emile Durkheim in the theory of social solidarity is obtained through mutual assistance and cooperation. Furthermore, this study shows the realization of harmony through mechanical solidarity where each married couple has a sense of mutual awareness or mutual help in achieving common goals. Then the forms of business in realizing family harmony that can be done by husband and wife through mutual assistance and cooperation are Doing housework together, mutual openness in managing family finances, being open to each other in communicating and understanding each other's roles
Persepsi Harta Bersama Menurut Hukum Islam dan Hukum Positif Indonesia: The Perception of Joint Property According to Islamic Law and Positive Law in Indonesia Anri, Andi Fini Rathi
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

This article focuses on the issue of joint property or marital property that arises as a result of marriage between men and women in Indonesia. The matter of marital property is interesting to examine, considering that the issue of joint property arises as a consequence of divorce, which is a possibility in a marriage. In fact, culturally, discussing joint property is still considered taboo in Indonesian society in general. People tend to trivialize this issue because of cultural perceptions that consider marriage as sacred, holy, noble, and eternal, making it inappropriate to discuss before the marriage takes place. However, addressing joint property before marriage can provide certainty regarding the assets involved before the marriage is consummated. This research employs a normative research type with a statutory approach and a conceptual approach. At the very least, this study offers an in-depth analysis of joint property arising in a marriage, viewed from the perspectives of Islamic law and positive law in Indonesia.

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