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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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Polygamy in Islam: The Truth Unveiled Nazia Fayaz Azad; Iqra Firdous; Bilal Ahmad
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.v2i2.85

Abstract

Marriage in Islam is a sign of god’s power and glory. The Quran says: “From his signs is that He has created for you spouses from yourselves that you may get peace and tranquility through them; He placed between you love and mercy. In these are signs for the people who reflect”. Islam did not invent the system of polygamy. It existed long before Islam came into the scene of world events. When it came into world scene in the seventh century of the Common Era, it inherited the existing marriage system. It is to the credit of Islam that it modified and reformed the system in existence at the time firstly by limiting the number of wives a person could have at a time i.e. four and secondly it put stringent conditions on a person who wanted to marry a second wife like his ability to maintain and provide for the family, to be fair and just to both the wives and so on. Islam is a practical religion; its laws are in line with human nature. It does not deny natural forces in humans; rather it confronts them and provides guidance to control the peace in society. If a man wants to fool around, Islam will hold him responsible and tie him down to duties towards that second wife and her children. If we talk of western countries, almost all have forbidden polygamy but adultery is most rampant in these countries. Many married men have mistresses or are involved in extra-marital affairs resulting in higher divorce rates, broken families and children growing without fathers. This paper explores the concept of polygamy and rulings through the realm of Quran and Hadith. It also clears the misconception associated with the eleven marriages that our beloved Prophet Muhammad[1] (SAW) solemnized and it also brings to bear that how Islam has given clear guidelines on all kinds of relationships: monogamy to polygamy.   [1] The last messenger of Allah who brought Islam into existence
Implementation of the Istishna' Contract in BTN Syariah Surabaya's Indent IB Mortgage Financing Dila Iska Ariyanti; Mashudi
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.80

Abstract

The dense population in Indonesia makes the housing needs of each individual with ease of ownership an opportunity for Islamic banks in marketing their mortgage products. This study aims to determine the implementation of the Istishna contract in financing the Indent Ib Mortgage Bank BTN Syariah Surabaya. Methods used Qualitative research on library studies (Library Researc) with data collection techniques through interviews with staff of Bank BTN Syariah Surabaya. In mortgage financing, Indent Ib uses an istishna contract, the realization of funding is divided into stages. The first stage is 40% for the work on the house foundation, the second stage is 40% for the work on the roof cover, the third stage is 10% for the completion of the house construction and the fourth level is 10% for the issuance of IMB and Certificates.
Disharmony in Fishermen's Families in Blimbing Village: Perspective of Marriage Law Andhika Septian Anharil Huda
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.87

Abstract

This research was conducted because it was motivated by the occurrence of disharmony among fishing families in Blimbing Village, Paciran District, Lamongan Regency. Disharmony in question includes quarrels, lack of affection, child mischief, and even divorce. This is reinforced by the existence of divorce data at the Lamongan Regency Religious Court, that in 2023 until November the total number of divorces that occurred in Paciran District reached 148 cases. This type of research is field research Then the primary data in this research was obtained from interviews. Meanwhile, secondary data is obtained from various sources such as books, journals, laws, and so on. The results of this research explain that the views of fishing families regarding family disharmony vary. Then the factors causing disharmony among fishing families in Blimbing Village are different from each other. One of them is that the partner does not carry out their duties and obligations. So if reviewed based on Law no. 1 of 1974 and the Compilation of Islamic Law, the disharmony that occurs in fishing families in Blimbing Village is not in line with what is stated in these provisions, both in terms of the purpose of marriage and the rights and obligations of husband and wife.
Custom and Its Impact on Hanafi Jurisprudence and Applications in Contemporary Fatwas Shariati, Nasir Ahmed; Haqyar, Fazul Rahman
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.90

Abstract

Among the cosmic laws of Almighty Allah are the change of conditions, the alteration of circumstances and times, and the continuity of renewal. Every time has its own customs and characteristics, and what is unique to this time is scientific development and technological progress. We know that modern discoveries have an impact on changing some fatwas, there is no doubt that changing customs, times, and conditions have their impact on fatwas. In this research, we study the impact of changing customs on changing fatwas, as we witness a change in some contemporary fatwas from what they were in past times, which raises a question about the reasons for this change. This research answers this question with some scientific foundations, demonstrating contemporary jurisprudential applications that indicate the extent of the impact of changing customs on changing fatwas, and the impact of all of that on the movement. Jurisprudence, especially in recent times. In addition, custom in the custom of jurists, as Imam Al-Shafi’i said: (And custom is what people know and agree upon among themselves in dealings). Custom is a great need, especially in issues that have mentioned. In general and were not specified in Islamic law, and many evidences have been reported on the influence of custom in building Islamic rulings. This is clearly that indicates its status and position in Islamic law, and custom is considered an argument and a ruling, when it does not contradict a legal text in many areas. Moreover, the method followed in this article is the descriptive analytical method with the collection of scientific material from authentic sources and the information network (the Internet). It is good and benefit to the writer and reader of these papers, for who is the best responsible and the best supporter.
Revisiting the Legacy of Islamic Legal Scholarship: The Influence of Sharia on Contemporary Legal Systems Salman Faris TC
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.96

Abstract

This paper explores the enduring legacy of Islamic legal scholarship and its profound impact on the development of legal systems, with a particular focus on Sharia. Beginning with an introduction, the study navigates through the historical roots of Islamic legal thought, unraveling its evolution in the early centuries of Islam. It examines the establishment of the four major Sunni schools of thought and the Shiite Ja'fari school, marking pivotal milestones in the codification of Islamic jurisprudence. A critical analysis of the key principles of Sharia forms a central part of the exploration. The study elucidates the dynamic nature of Sharia, which extends beyond a mere legal code to encompass a comprehensive ethical framework governing personal conduct, family matters, commerce, and criminal justice. The five maqasid al-Sharia, or objectives of Sharia, namely preservation of life, religion, intellect, progeny, and property, provide a robust ethical foundation for legal rulings. The paper also delves into the contributions of Islamic legal scholars to legal theory, emphasizing concepts such as 'ijtihad,' 'qiyas,' and 'istislah.' These principles have facilitated the adaptability of Sharia, allowing for independent reasoning and analogical deduction in response to evolving societal needs. Furthermore, the influence of Islamic legal principles on legal systems globally is examined, highlighting the integration of Sharia into the Ottoman legal system and its impact on legal traditions in the Middle East and beyond. The study concludes by exploring the contemporary relevance of Islamic legal scholarship. It reveals that Islamic legal principles continue to inform legal debates and policymaking, particularly in Muslim-majority countries striving to reconcile traditional Sharia principles with modern legal norms. The principles of fairness, justice, and equity found in Sharia have transcended borders, contributing significantly to the global discourse on human rights and legal pluralism.
Is Democracy Halal or Haram? A Critical Examination of the Democracy Debate in Nigeria Abdulkadir Salaudeen; Muftau Abidemi Balogun
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.97

Abstract

Is democracy halal or haram and can Muslims participate?  There are three major perspectives. At one end of the spectrum is a school of thought that argues democracy is disbelief—both in its specific and general sense. At the other extreme end is another jurisprudential school that views democracy to be at par with Islam. This school argues that like other typologies of democracy, there exists Islamic democracy. In the middle of the spectrum is the third perspective. It argues that democracy is a necessity in a multi-religious country with no state religion (like Nigeria) where the Sharia is entirely not applicable or only applicable to personal statues issues like marriage and inheritance. Evidences marshalled by advocates of each of these scholarly perspectives are worthy of discussion. Without questioning the scholarship of advocates of other perspectives, this paper takes the middle course. It argues, focusing on Nigeria, that democracy is a necessity that should not be blindly rejected. Conceptually, it finds that democracy is not intrinsically kufr (disbelief). It concludes with a caveat that democracy does not, in any case, substitute the Sharia. For some overriding public interests, it recommends that Muslims in Nigeria should participate in their country’s politics.
Constitutional Thought of Abu Al-Hasan Al-Mawardi in Political Islam Mohamad Latif; Ahmad Hisyam Syamil; Amir Reza Kusuma; Iqbal Maulana Alfianysyah
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.104

Abstract

The Western thinkers believe that Muslim scholars were the pioneers of philosophical thought ethics, yet provided no significant contribution to the field of political thought. Furthermore, the former treats the latter as possessing no clear views on political thought and that religion and Islamic civilization have by no means political thought. This point of view is faulty since the sixteen and seventeenth centuries. Europe failed to acknowledge the character of Muslim political thought. Al-Mawardi was one of the Muslim thinkers who came forward to construct an attractive paradigmatic contribution between social concepts or systems with institutions (state).
A New Perspective on the Ruling Regarding The Sale of Dead Animals dnd Slaughterhouse By-Products Abd Ulrahman Raad Nouri
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.98

Abstract

The mass death of animals for any reason is known as dead animals, and this mass death is considered a significant economic loss. Should they be thrown in the streets and become a cause for spreading diseases? Or should they be thrown into the water to cause another disaster for aquatic animals? Of course not, the damage remains the same. In fact, recycling these animals and deriving useful products from them contributes to environmental preservation on one hand and economic development on the other. And the carcasses of dead animals and slaughterhouse remains can be utilized in many ways after being processed in appropriate methods. God Almighty said: (And the cattle He created for you, in them is warmth and [numerous] benefits). The Bee [5]. The Hanafi scholar, Al-Din Al-Babarti, may Allah have mercy on him, said: "There is no harm in selling the bones, tendons, wool, horns, hair, and hides of a dead animal and benefiting from all of them; because they are pure and not rendered impure by death due to the absence of life.
The Influence of Political Regulation on Sharia Economic Development in Indonesia: A Qualitative Approach Nuzhuliya Mega Avifa; Elisa Tri Rahayu; Putri Firda Febrianti; Mashudi
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.88

Abstract

Through a qualitative approach, this research examines the impact of political regulation on Indonesia's sharia economic growth. With the largest Muslim population in the world, Indonesia has the potential to become a global sharia economic center. The study highlights the importance of strict regulation, such as Act No. 21 of 2008 concerning Sharia Banking, in creating a system conducive to sharia-based economic growth. Among other things, overlapping regulations, a literate sharia monetary system and damage to infrastructure continue to be significant constraints. Literature analysis shows that halal product development, financial stability and policies are important factors in driving sharia economic growth. In addition, cooperation between government, industry and the general public is needed to resolve disputes and improve the state of the sharia economy. It is hoped that the results of this research will provide recommendations to optimize political regulations in accordance with sharia principles, thereby enabling the Indonesian economy to grow in an inclusive and durable way.
Why did Prophet Muhammad Sallallahu Alayhi Wa Sallam Marry Aisha at the Age of 9 Years Old? Guru Dev Teeluckdharry
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.89

Abstract

According to many Jewish, Christian, and Hindu opponents of Islam, Prophet Muhammad Sallallahu Alayhi Wa Sallam (The Last and Final Prophet of Islam - Peace Be Upon Him) was a sexual pervert and pedophile because he was betrothed to Aisha at the age of 6 years old and married her at the age of 9 years old which is the age of puberty following consummation of the marriage. Many Muslim Scholars, Ulemas, Mawlanas, and Clerics have refuted such a blasphemous allegation through the statement that the marriage of Aisha with Prophet Muhammad Sallallahu Alayhi Wa Sallam (The Last and Final Prophet of Islam - Peace Be Upon Him) occurred due to a Divine Inspiration from ALLAH, The Most Merciful and Most Gracious who knows best.  

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