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Al-Aqwal : Jurnal Kajian Hukum Islam
Published by Institut Agama Islam Negeri Fattahul Muluk Papua
ISSN : -     EISSN : 28299736     DOI : https://doi.org/10.53491/alaqwal
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 37 Documents
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Pandangan Kiai Pesantren terhadap Fenomena Long Distance Realationship (LDR) Pasangan Suami Istri di Kabupaten Jember: Kiai Pesantren's Views on the Long Distance Realation (LDR) Phenomenon of Married Couples in Jember Regency Awaliya Safithri; Hasbi Ash Shiddiqi; Fajar Ainol Yakin
ISTIDLAL Vol 2 No 1 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v2i01.430

Abstract

The basic concept of marriage in Islam is the formation of a family that is Sakinah mawadah Warahmah. However, due to a situation that requires husband and wife to be separated by distance, they are in a long-distance relationship (LDR). In a household, husband and wife have rights and obligations that have become normative law (legal norms) that need to be considered by all parties in the household, both husband and wife. This type of research is field research, namely research conducted directly into the field to obtain complete and valid data. Data collection techniques are interviews and documentation. This interview was conducted to obtain information by interviewing informants, interviews were conducted with pesantren kiai in Jember district. The research method used is a qualitative research method. Data collection in this study was carried out using interviews and documentation techniques. While the analysis technique used is descriptive qualitative analysis. The results of this study indicate that the factor that causes the Long Distance Relationship (LDR) phenomenon for married couples in Jember Regency is the factor of career demands, there are some migrants from outside Jember Regency who have the status of a wife leaving her husband to carry out their duties as servants of the state (PNS). , and vice versa. There is a difference of opinion among Islamic boarding school kiai, the first group argues that LDR is not permitted for a wife, meaning that a wife must always be by her husband's side because a wife cannot possibly carry out her obligations to serve her husband in the household at a distance. And this has deviated from maqasid marriage, namely the creation of harmony in the household. the second group allows LDR if in an emergency. For example, the goal of a wife or husband is to be away from their partner for the demands of family maintenance, the argument for this group is the rule of ushul fiqh addhorurot bodiul mahdzurat.
Pola Distribusi Zakat Infak dan Sedekah dalam Mewujudkan Kesejahteraan Sosial : Distribution Patterns of Zakat Infak and Sadaqah in Realizing Social Welfare Rusmadi Rijal Saleh
ISTIDLAL Vol 2 No 1 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v2i01.468

Abstract

Allah SWT encourages Muslims to pay zakat and also voluntary funds in the form of infaq and sadaqah. The recipients of zakat to 8 groups of Asnaf that have been determined by sharia, but the recipients of infaq and alms are much broader than zakaah because they can be channeled to anyone in need. This research is a type of library research with a qualitative approach. Data sources are secondary data obtained from library data in the form of journals, research and books relevant to the discussion. Data processing and analysis techniques are carried out by reading, reviewing, and analyzing various existing literature, as well as existing research results then reduced, presenting data until conclusions are obtained. The results showed that various patterns of distribution of zakat, infaq and alms were created by several collecting or receiving institutions by realizing them in various programs. The distribution of ZIS that is carried out in addition to consumptive is also carried out at a productive level. The existence of this distribution pattern has had an impact on its recipients both in the fields of education, health, improving human resources and various other fields.
Pembaruan Islam Bidang Keluarga dan Relevansinya dengan Pelarangan Terhadap Penyimpangan Seksual: Islamic Family Reform and its Relevance to the Prohibition of Sexual Deviations Suud Sarim Karimullah; Arif Sugitanata; Fawwaz Elmurtadho
ISTIDLAL Vol 2 No 1 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v2i01.530

Abstract

Sexual deviations caused by the urge of lust that cannot be adequately controlled and the lack of understanding of religious teachings make humans no different from the actions carried out by animals. This research aims to see the prohibition of sexual perversion in Islamic teachings to maintain the sanctity of human nature. While this research is qualitative, with data collection done through literature studies, the data collected from these sources are analysed descriptively analytically with a historical dimension. The results of this study state that Islamic reform in the family field regulates the distribution of biological needs through marriage because Islam recognises that humans have a huge desire to have sex. In addition, Islam also prohibits various sexual deviations because it is a terrible act and far from human nature, so there are also legal sanctions for the perpetrators. Punishment for perpetrators of sexual perversion is intended to warn humanity and minimise actions that harm oneself or others.
Konsep Poligami Dalam Hermeneutika Amina Wadud : The Concept of Polygamy in the Hermeneutics of Amina Wadud Rizki Afrianto Wisnu Wardana; Wendi Parwanto
ISTIDLAL Vol 2 No 1 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v2i01.534

Abstract

Scientific advances occur in all disciplines. The sciences of the Qur'an are no exception. In the West, a woman was born who continues to shock the Islamic world to this day. The name is Amina Wadud. He is a professor of Islamic Studies who leads Friday prayers as an imam, both the imam and the speaker are women, and the congregation is made up of both men and women. Only Amina Wadud dared to lead Friday prayers, more than 1,400 years after the Prophet Muhammad preached. Amina Wadud didn't do this haphazardly, but she also had reasons. Its foundation is monotheistic hermeneutics. A person's marital status should not affect his or her ability to worship; as long as he is monotheistic, he is allowed to worship. In addition, the geographic environment in which Amina Wadud lives is the main reason for doing so. This study aims to consider Amina Wadud's views on polygamy and women's rights based on Islamic Sharia. The method used is descriptive qualitative. This research is included in the category of heritage research (library research), which collects data through books, articles, writings related to research. Research results show that polygamy is allowed under certain circumstances. Which relates to the custody process.
Keragaman Kaidah Dharar Sebagai Landasan Hakim Dalam Memutus Permohonan Dispensasi Kawin; Studi Putusan Perkara Nomor 82/Pdt.P/2023/PA.Pmk: The diversity of dharar rules as a basis for judges in deciding applications for marriage dispensation; case verdict study no. 82/rev.p/2023/pa. Pmk M Ainun Najib Qosim; Mohammad Alif Lukman Hakim; Ilham Yulian Syah Dwi Rachmatullah; Fita Fazalia Rohmah
ISTIDLAL Vol 2 No 1 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v2i01.491

Abstract

Changes in the age of marriage in positive law in Indonesia, which was marked by the passing of Law no. 16 of 2019 as a change from Law no. 1 of 1974 seems to be the main trigger for the increase in requests for dispensation of marriage in the Religious Courts. This is of course a challenge for the Judge who will decide on the Marriage Dispensation application, for example case number 82/Pdt.P/2023/PA.Pmk, in which case the Judge is faced with two facts that if granted it will disrupt the child's development , and if it is rejected there are fears that unwanted things will happen in the form of adultery. The purpose of this study is to offer new rules that can be taken into consideration by judges in deciding applications for dispensation of marriage. Normative-empirical is the method used in this research. The results of the study show that judges have limited space in using rules as the basis for deciding applications for marriage dispensation, because new rules are needed that can be used as a basis for judges to have more complex considerations.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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
Optimalisasi Sumber Daya Manusia di Lembaga Amil Zakat Pengurus Wilayah NU Care-LAZISNU Daerah Istimewa Yogyakarta dalam Mewujudkan Kesejahteraan Masyarakat: Optimizing Human Resources at the Amil Zakat Management Institution for the NU Care-LAZISNU Special region of Yogyakarta in Realizing Social Work Goals Mella Putri Ayuningtyas; Yuniyasari; Lessy, Zulkipli
ISTIDLAL Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

This research aims to analyze several problem formulations, including: 1) examining the optimization of amil zakat in PWNU Care, 2) the impact of amil zakat optimization on program success at LAZISNU Care, 3) the impact of amil zakat optimization on the realization of the welfare state. This research uses descriptive qualitative research. The data collection method used is through observation, documentation and interviews with the director, secretary of the board of directors, manager of the Public Relations division, and manager of the fundraising division at PW NU CARE-LAZISNU DIY. The results showed that the management of amil zakat in PW NU CARE LAZISNU DIY is carried out by applying the functions that exist in human resource management, in the form of planning, organizing, directing, controlling, procurement, development, compensation, integration, maintenance, discipline, dismissal. Good management of amil zakat will produce optimal programs such as programs in LAZISNU DIY, namely, a) economic programs in the form of cash and non-cash assistance, b) education programs in the form of educational scholarships, c) health programs in the form of health assistance and free ambulance facilities, d) humanitarian programs in the form of assistance to natural disasters. The creation of programs that can help the welfare of the community, competent amil zakat in LAZISNU DIY is considered capable of helping social workers in realizing their ideals, namely the creation of a welfare state.

Page 2 of 4 | Total Record : 37

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