cover
Contact Name
Muhammad Zuhdi
Contact Email
alrasikh@uiidalwa.ac.id
Phone
+6281937074144
Journal Mail Official
alrasikh@uiidalwa.ac.id
Editorial Address
Jl . Raya Raci No. 51 PO Box 8 Bangil Pasuruan Jawa Timur
Location
Kab. pasuruan,
Jawa timur
INDONESIA
Al-Rasikh : Jurnal Hukum Islam
ISSN : 20891857     EISSN : 25802755     DOI : https://doi.org/10.38073/rasikh
Core Subject : Religion,
Journal of al-Rasῑkh, is a journal published by the department of Shariah at Darullughah Islamic Institute Waddawah Bangil Pasuruan. This journal is published twice a year, November and July. Journal Al-Rasikh is a journal that accommodates several articles either the results of research or the concept of the study of Islamic Law, especially kesyarihan Islam. The Islamic Sharia covers some of the related Shariah areas such as Law, Judge, and Religious Courts that can be observed from several disciplinary perspectives. It is expected that with the publication of Al-Rasikh journal will add to the repertoire of scholarship about the study of Islamic Studies, especially the study of sharia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol. 12 No. 2 (2023): November" : 8 Documents clear
SUDUT PANDANG PENGONTRUKSIAN PRO DAN KONTRA DALAM KONSEP SYIRIK DI POLITIK ISLAM Setiyawan, Joko; Suganda, Rifki
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1260

Abstract

This article examines Islamic politics from the Al-Qur'an, Surah Al Imran verse 159 concerning deliberation. This paper argues that deliberation and consensus is one of the values ​​and principles of Islamic politics in the Al-Qur'an. These interpretations even suggest that the Prophet Muhammad SAW, as the leader of the Muslim community at that time, often took decisions suggested by his friends, not based on his own opinion. Several religious figures also stated that politics without a state would not be successful and a state without politics would be impossible, because politics and religion are an inseparable unity, politics itself is simply the application of the absolute mind in humans regarding instruments. It is important in achieving a goal that every human desires, and religion itself has a role in decision making and guiding humans in taking and carrying out tasks in a maslahah way. Therefore, this paper shows that one of the principles of Islamic politics from the Koran is achieving consensus in making decisions that involve many parties and by involving them in decision making
ANALISIS HUKUM ISLAM TERHADAP TEKS TAKLIK TALAK DALAM BUKU NIKAH MENURUT MADZHAB AS-SYAFI’I Rahman, Arif
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1421

Abstract

This research aims to examine further the text of taklik talak as a form of marriage agreement in the marriage book according to the Imam Syafi'i school of thought. Using literature research in reviewing it, the law of divorce in marriage is permissible and depends on the agreement of the husband and wife. Although not mandatory, this agreement is usually included in the marriage certificate book. After the marriage contract, PPN offers the husband to read and sign the divorce agreement. If the husband agrees and signs, the agreement is considered valid, even if it is not read during the marriage contract. Even though the law is permissible, the contents of the agreement have been determined by the Ministry of Religion, making it a standard agreement. The determination of the divorce agreement in the marriage certificate reflects custom, although it is not legally required. The validity of the taklik talak agreement cannot be revoked once it is deemed valid.
CRYPTOCURRENCY SEBAGAI ALAT TRANSAKSI MENURUT TINJAUAN HUKUM ISLAM Said, Muhamad Siraj Umar; Mustofa, Imron
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1482

Abstract

Cryptocurrency is a blockchain-based technology widely used as a digital currency. Basically, Cryptocurrency has almost the same function as other currencies, but this currency does not have a physical form like currency in general. This study employs a descriptive method and is classified as qualitative research. The findings indicate that Cryptocurrency is a novel phenomenon, particularly with regard to transactions. The 4.0 revolution era's rapid technological advancements force people to adjust to the many conveniences that Cryptocurrency offers, but if The government has not formally granted approval due to the illegal nature of cryptocurrencies and the lack of oversight from financial services regulatory organizations, particularly in Indonesia. In the meanwhile, as per Islamic economic law, The idea of Cryptocurrency involves both gharar and dharar because it lacks intrinsic value, its creator or inventor is unknown, there is no authority to guarantee the legitimacy of transactions, and it is inextricably linked to price speculation which is highly volatile and primarily intended to be a tool for profit and loss. Then, Maysir is present in Cryptocurrency.
PENGGANDAAN UANG DALAM PERSPEKTIF PASAL 378 KUHP DAN HADITS RIWAYAT IMAM MUSLIM Angraeni, Muthiara; Arifin, Tajul
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1489

Abstract

This article analyzes the prohibition of money duplication as stipulated in Article 378 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana) and the perspective of a hadith narrated by Muslim. The research aims to gain insights into the conception of this prohibition in the context of criminal law and the Islamic religious view. A normative research method is employed, which involves examining available legal sources. The legal sources used include primary legal sources based on Article 378 of the Criminal Code and Islamic legal sources, namely the hadith narrated by Muslim. Secondary legal sources obtained from journals, books, and supporting documents are also utilized. The analysis indicates that Article 378 of the Criminal Code prohibits actions of money duplication involving manipulation or fraud to obtain unlawful profits. This article provides a more comprehensive understanding of the prohibition of money duplication from the perspectives of criminal law and Islam.
STANDARISASI KEKERASAN DALAM RUMAH TANGGA DALAM PERSPEKTIF HUKUM KELUARGA ISLAM Kadir, Abdul
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1636

Abstract

The aim of this study is to look at the standardization of domestic violence from the perspective of Islamic Family Law, in particular according to Mazhab Syafi’i, as well as the positive laws in force in Indonesia. KDRT is a serious problem that affects victims as well as families and society as a whole. As a Muslim-majority country, Indonesian law incorporates positive laws and Islamic values. This research uses qualitative methodology. Data in this research was collected through the study of literature from a variety of relevant sources, including books, journals, and legal documents. Mazhab Syafi’i’s view and positive law on the definition, legal action, and sanctions of the KDRT compared. The results of the research show that the KDRT is recognized by both Indonesian positive law and Mazhab Syafi’i as an act that violates the principles of justice and household welfare. However, there are differences in the way they deal with the KDRT issue and its enforcement. Through the integration of the perspective of Islamic law and positive law, the research is expected to make a significant contribution to the prevention and management of KDRT efforts in Indonesia, as well as improving protection and justice for KDRT victims. The benefits of the research include theoretical contributions to legal literature, improvement of public policy, empowerment of the public, and improved access to justice for the victims of the KDRT.
ISLAMIC LEGAL ANALYSIS OF QARDHUL HASAN AGREEMENT IN BITUL MAL WA TAMWIL INTEGRATED JOINT BUSINESS SIDOGIRI BRANCH BAWEAN Robi'in, M.
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1777

Abstract

This study examines the role of Islamic Banks and Baitul Maal wa Tamwil (BMT), especially BMT UGT Sidogiri Bawean Branch, in supporting the community's economy through sharia principles. Islamic Banks act as financial intermediaries that comply with sharia principles, avoid usury, and transactions that contain uncertainty. As a sharia-based microfinance institution, BMT focuses on developing productive businesses and distributing zakat, infak, and sedekah funds to improve the quality of the community's economy, especially in the small and medium enterprise (SME) sector. This study uses a qualitative approach with a case study design to explore how BMT UGT Sidogiri Bawean Branch operates and overcomes challenges in implementing sharia principles. Data collection methods include in-depth interviews, participant observation, and document analysis, while thematic analysis is used to identify significant patterns and dynamics. The research findings indicate that although BMT UGT Sidogiri Bawean Branch has succeeded in providing interest-free loans through the Qardhul Hasan product, there are inconsistencies with sharia principles that need to be fixed. This study confirms the important contribution of Islamic Banks and BMTs in creating a fair and sustainable financial system, as well as their role in building a more inclusive and ethical economy.
MENUJU KELUARGA SAKINAH DENGAN BERSIWAK Zuhdi, Muhammad
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1781

Abstract

This study aims to explore how the use of siwak can contribute to creating a sakinah family, namely a family full of tranquility, peace, and affection. Using a qualitative approach with a descriptive method, this study involved 10 Muslim families who routinely use siwak in their daily lives. Data were collected through in-depth interviews, participant observation, and document analysis. The results of the study indicate that the use of siwak is not only beneficial for oral and dental health, but also has high religious value, which can strengthen spiritual and emotional bonds between family members. The habit of using siwak together creates valuable moments of togetherness, improves communication, and reduces stress in the family. Thus, siwak can be an effective way to support the achievement of a sakinah family. This study provides practical recommendations for Muslim families and religious institutions to promote the use of siwak as part of efforts to create harmonious and healthy families.
STRATEGI MEDIATOR NON HAKIM UNTUK MENCAPAI KEBERHASILAN DALAM MEDIASI PERCERAIAN DI PENGADILAN AGAMA BANGIL Faizzati, Savvy Dian
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1801

Abstract

Divorce mediation in the Bangil Religious Court plays an important role in resolving domestic conflicts peacefully. This study explains the importance of mediation as an alternative to resolving disputes in court and highlights the challenges faced in the mediation process. The writing method used in this article is an in-depth literature review and analysis of mediation practices in the Bangil Religious Court. Data collection was carried out through observation, interviews and documentation related to divorce mediation practices in the Bangil Religious Court. This study covers various strategies applied by non-judge mediators, including religious, psychological, beautiful past, family, and mathematical logical approaches. This study shows that the success of divorce mediation is highly dependent on the mediator's ability to apply appropriate strategies, taking into account the cultural, psychological, and social contexts of the conflicting parties. This study makes an important contribution to the development of mediation practices in the religious court environment, especially in the context of divorce.

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