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Al-Arfa: Journal of Sharia, Islamic Economics and Law
Published by Penerbit Hellow Pustaka
ISSN : -     EISSN : 29880483     DOI : https://doi.org/10.61166/arfa.v1i1.4
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
FOCUS Al-Arfa: Journal of Sharia, Islamic Economics and Law provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in economics. SCOPE Al-Arfa: Journal of Sharia, Islamic Economics and Law encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: Shariah Islamiyah Fiqh and Ushul al-Fiqh Maqasid al-Sharia Islamic Banking Islamic Microfinance Islamic Marketing Islamic Finance Zakat and Waqf Islamic Capital Markets Insurance and Takaful Corporate Social Responsibility in Islam Fatwa and Islamic Jurisprudence Islamic Family Law Islamic Economic Law Islamic Criminal Law Islamic Constitutional Law Islamic Philanthropy
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 45 Documents
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Implementation of Islamic Inheritance Law: Study of History, Law and Its Principles Irfan Abdurahman; Asep Lukman Daris salam; Parhan Taqwa Ali Hasan
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 1 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i1.53

Abstract

Islamic inheritance plays a pivotal role in Islamic teachings, holding significant importance. Within certain Muslim societies, conflicts often emerge among heirs regarding the distribution of inheritance. Consequently, it becomes imperative for the Muslim community to comprehend the intricacies of inheritance in Islam. This study conducts a literature review to delve into the subject matter. The authors gather data through a comprehensive search of various books, articles, and scholarly works. The findings of the study elucidate the extensive historical practice of Islamic inheritance, dating back to pre-Islamic times and the revelation of the Qur'an. In the practical implementation of Islamic inheritance, it becomes essential to understand the legal framework, principles, and related aspects such as pillars, conditions, causes, and barriers.
Implications of Fines in Sharia Procurement in the Early Stages of the Contract Agun Pradika
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 1 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i1.54

Abstract

The imposition of late payment penalties in Islamic pawnshops at the initial stage of the contract has sparked debate. This study examines the implications of such penalties on the principles of justice, customers, funders, and Islamic financial institutions. Literature study and fatwa review are the basis of the discussion. The results show that fines that are not agreed upon at the beginning of the contract have the potential to cause legal and sharia uncertainty, and open up opportunities for abuse of authority. The negative impact is a decrease in customer trust and tarnishing the reputation of Islamic financial institutions. The proposed solutions are the inclusion of a clear amount of fines in the contract, the involvement of the Sharia Supervisory Board, customer education, and the establishment of industry standards. The application of fair fines can be in the form of tiered fines, adjusted to the customer's ability, and accompanied by alternative fine options. Transparency and accountability of Islamic financial institutions are key to the sustainability of a fair and sharia-compliant Islamic pawnshop system.
Juristic Differences on Salat Within the Maliki School and Its Relevance to Nigerian Muslims AbdulWahhab Danladi Shittu; AbdulWaheed Olarewaju Yakub
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 1 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i1.62

Abstract

Salat, or Islamic prayers, is central to Muslim devotion globally. However, different schools of Islamic jurisprudence interpret and apply Salat uniquely. The Maliki school stands out for its distinct approach, influencing how Salat is performed. In Nigeria, where Maliki jurisprudence predominates among Muslims, these differences are especially relevant. Nigeria's diverse Muslim population offers an ideal setting to explore how Maliki jurisprudence impacts Salat practice and religious identity. This study examines the unique interpretations and rulings of the Maliki school regarding Salat, focusing on prayer methodology such as mode of Iqᾱmah, Adhᾱn, recitations, Al-Qunũt, Qabd and Sadl, and evaluates their relevance to Nigerian Muslims. The research employs textual analysis and comparative jurisprudence to uncover doctrinal differences and practical implications of Maliki rulings on Salat. Empirical data from Nigerian Muslim communities shed light on how these differences affect contemporary Salat practices and perceptions. Findings revealed that Maliki jurisprudence remains influential among Nigerian Muslims, providing a foundational framework for religious guidance. Despite divergence, the core principles of Shari’ah and its sources remain intact. Conclusively, the paper emphasisesthe importance of fostering dialogue and understanding among scholars, policymakers, and religious leaders to enhance spiritual experiences and communal cohesion in Nigerian Muslim society.
Nationalism and the Ottoman-Arab Dynamic: From Cultural Renaissance to Political Revolt Nasir Hassan Wani
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 1 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i1.63

Abstract

This paper delves into the intricate relationship between the Ottoman Empire and its Arab Muslim subjects amidst the backdrop of rising nationalist sentiments during the late 19th and early 20th centuries. It traces the historical evolution of Arab nationalism, examining its cultural origins and political dimensions, while also dissecting the Ottoman administration's response to nationalist aspirations. Through an analysis of historical documents, scholarly works, and contemporary accounts, the study illuminates how nationalist movements reshaped the political, social, and cultural dynamics within the empire, leading to increased tensions between the central government and Arab nationalists. The paper highlights key events such as the Tanzimat reforms and the Young Turk Revolution, which exacerbated these tensions, culminating in the Arab Revolt of 1916 supported by the British. It also explores the impact of World War I on Ottoman-Arab relations and the subsequent dissolution of the empire, as reflected in treaties like the Treaty of Sèvres and the Treaty of Lausanne, which paved the way for the establishment of modern Arab states under European mandates. Through a comprehensive examination of historical sources and scholarly literature, the paper elucidates the multifaceted nature of nationalism's influence on the Ottoman Empire's relationship with its Arab Muslim subjects, underscoring its profound and enduring significance in shaping the modern Middle East.
The Role of Sports in Islamic Festivals and Its Relevance to Pluralistic Society: An Analysis from the Prophet Muhammed’s Tradition Mohammed Ghous Mohammed Insaf; Mohamed Ashath
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 1 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i1.86

Abstract

The celebration of Islamic festivals, primarily Eid al-Fitr and Eid al-Adha, traditionally encompasses spiritual practices and communal activities, including sports that foster unity among Muslims and others. However, in contemporary times, the role of sports within these celebrations has diminished, leading to a disconnect from the holistic nature of these festivities as practised during the Prophet Muhammad's (PBUH) time. This paper explores the historical significance of sports in Islamic festivals, drawing upon the Prophet's (PBUH) traditions that emphasise physical activities as an integral part of celebratory events. In contrast, other religious traditions, such as the celebration of Buddha's birthday in Sri Lanka, maintain sports as a central feature of their festival celebrations, often involving diverse communities, including Muslims. This paper argues that reintroducing sports into Islamic festival celebrations can serve as a vital platform for intercultural and interfaith exchanges, enhancing mutual understanding in pluralistic societies. By analysing the potential of sports to bridge communities, this study highlights how such integration can contribute to a more inclusive and harmonious social fabric, aligning with the broader goals of interreligious engagement and cooperation.
Legal Analysis of Taklik Talak in Indonesian Marriage Law and Compilation of Islamic Law Irfan abdurahman; Mochamad Nurdin; Galuh Cahya Noer
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.52

Abstract

Taklik talak is an agreement between a husband and wife aimed at protecting the wife from the arbitrary actions of the husband. The recitation of the taklik is done by the husband after the marriage contract (ijab kabul) is performed. In practice, the recitation of the taklik talak is seen as obligatory, as it is almost always carried out in every marriage ceremony. However, according to Article 46 of the Compilation of Islamic Law, taklik talak is not mandatory.The issues arising from this background include:a) The position of taklik talak in Indonesian marriage law and the Compilation of Islamic Law.b) How taklik talak is implemented in society.The approach used to address these issues is a juridical-sociological method, which links events in the field with legal aspects or applicable laws. Taklik talak has existed in Indonesia since the reign of Sultan Agung Hanyakrakusuma, the king of Mataram (1554 Java/1630 AD), with the purpose of protecting wives who are abandoned by their husbands due to state duties.The law states that taklik talak is not mandatory. It is recited only if both spouses agree to it. However, once recited, taklik talak cannot be revoked. Many people perceive taklik talak as a necessary part of the marriage process, as it is customary for it to be recited in every marriage.In society, divorces often occur due to violations of taklik talak. To prove that taklik talak has been violated, judges consider evidence such as letters and witnesses, especially from family members or close acquaintances. The consequences of divorce due to the violation of taklik talak include issuing a talak satu or talak khuli against the wife, and the wife may be subjected to an iwadh penalty of Rp. 10,000.00.
Permissibility of Family Planning in Islam Ali Miqdad Ali; Musa-Jeje Ibrahim Aladire
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.61

Abstract

This research delves into the nuanced perspective within Islamic teachings regarding the permissibility of family planning. Acknowledging the importance of family in Islam, the study aims to explore the religious and ethical considerations surrounding family planning practices within the context of Islamic jurisprudence. The research employs a multidisciplinary approach, integrating textual analysis of Quranic verses and Hadiths with a review of scholarly interpretations and contemporary Islamic jurisprudential discussions. Furthermore, qualitative interviews and surveys are conducted among Islamic scholars, community leaders, and practitioners to capture diverse perspectives and experiences related to family planning in Islamic communities.  The findings of the study reveal a spectrum of opinions within the Islamic community regarding family planning, with some scholars emphasizing the importance of procreation while others advocate for responsible family planning within the framework of Islamic ethics. In conclusion, this research offers insights into the permissibility of family planning in Islam by navigating through traditional Islamic sources and contemporary discussions. The findings contribute to a nuanced understanding of family planning within the Islamic context and provide valuable perspectives for both scholars and practitioners seeking guidance on this complex and vital aspect of family life in Muslim communities.  
Application of Mirath sheriah in Kakamega County Ngeri H.B Gimway
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.69

Abstract

This study, conducted in Kakamega County examined whether or not mirath is applied with regard to women; if there were any factors that promoted or impeded the application of mirath in the County and sort to identify strategies for implementation of mirath in the context of Islamic teachings and the Constitution of Kenya 2010. The study was guided by the Feminist Conflict Theory (propounded by Karl Max 1818-1883). Purposive sampling identified respondents from among the various segments of Muslims living in the County. The study employed a qualitative cross-sectional descriptive research design. Primary data was collected using interviews and focus group discussions from purposively sampled key respondents who included: Kadhi, Imams, widows, widowers, sons and daughters whose parents are deceased. Interview schedules and focus group discussion were the tools used. Secondary data was collected from the internet, journals and books. Data collected was analyzed thematically. This study examined the application of Islamic laws of inheritance with particular reference to Luhya indigenous Muslims and specific reference to women in Kakamega County. The findings demonstrated that the Luhya inheritance rules are patriarchal thereby favouring male children over females despite the advent of Islam in the region. The male chauvinistic tendencies in the Luhya community have pushed Muslim women to a subordinate and inferior position hence their intrinsic value is negated. The study established that Luhya inheritance rules are so entrenched that they have not been fully altered or replaced by the Shariah. Many respondents consented that Luhya Muslims still practice the indigenous patriarchal inheritance rules though they have adopted other Islamic beliefs and practices
Islamic Ruling of Consuming Meat-Birds that Go through the Contemporary Scalding and Evisceration Process Mohammed Mouaz bin Maulana Abed Ali Hafeji; Mohammed Farid Ali al-Fijawi
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.75

Abstract

Islam requires the consumption of meat that has been sourced from an animal that has been slaughtered, processed, and delivered according to the Islamic requirements. The lawful status of meat is not tied to the slaughtering only. The processes of plucking feathers, removing entrails, etc., all have to be taken into consideration before the meat can be deemed lawful (halāl) and wholesome (tayyab). The nominal process in Islam to avoid impurity and contamination of the meat is to remove the entrails before immersing the chicken in hot water to soften the feathers for plucking. However, the current industrial practice switches this process. The mechanical plants are designed to immerse the chicken in hot water and pluck the feathers before gutting the chicken. This has given rise to inquiries and doubts to the Muslim consumers whether the meat of such birds are lawful or not. In order to provide an Islamic response to this issue, this paper is looking into, first the scientific and industrial perspective of the scalding and evisceration processes. Second, the paper is evaluating the scientific-industrial practice in the light of Islamic jurisprudence (Fiqh).
The Role Played by the Jinn in the Marriage Breakup: an Account from the Qur’an and a Hadith Abdillah Kitota
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.84

Abstract

All over the world, marriage breakup is a growing problem that has affected many families and societies in various ways. This study was descriptive study design that collected qualitative data from the Qur’an and six canonical books of ahadith of ahlul sunnah wal jama’ah to describe the role of the evil jinn in marriage breakup. The findings show that the evil jinn are the prevalent and hidden factor for the marriage breakup, that may either initiate or amplify the factors for the marriage breakup. The findings from this study may help Tanzanians and the world at large to avoid and overcome the effects of the evil jinn in their marriages; which include the marriage breakup. This study suggests further studies on this subject by using case study and longitudinal study designs, in order to broaden the scope of this subject.  

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