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Articles 49 Documents
Elaborasi Hukum Membayar Zakat Fitrah Menggunakan Dompet Digital dalam Perspektif Islam Afif Surya Fakhrian; Ari Prasteyo; Pinki Cahyaningrum
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 2 (2022): December 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i2.1304

Abstract

Islam teaches that in property in which there are rights of others. Therefore, Islam requires the existence of zakat, qurban, waqf, almsgiving, infaq, aqiqah, zakat, respecting guests and neighbors, as well as issuing hartanta to realize public welfare and various other worship in social terms. Zakat can be termed as the right of Allah that exists in man that must be conveyed to others who are entitled, in which all Muslims who have achieved nisab and haul are obliged to carry out zakat. Along with the times, muamalah activities in this life can be carried out digitally. Especially in terms of worship such as zakat fitrah. There are several digital platforms that provide various services, one of which is online or digital zakat payment services. This raises questions among the public, regarding the definition, legal basis, mandatory requirements and legal requirements, and wisdom of zakat fitrah? How is the application of zakat fitrah with digital money or online? And how is the law of zakat fitrah with digital money? In the Islamic view, zakat which is done online is allowed, but this still does not leave the terms or conditions in zakat. Muzakki from the outset of the berzakat had expressed the intention to make a difference. The zakat funds will still reach the hands of amil zakat to be handed over to people who are entitled to receive them. Zakat Fitrah would be better done directly with staple food, but if in urgent circumstances it can be carried out online or using digital money.
Penggunaan Wasiat Wajibah bagi Ahli Waris Beda Agama Perspektif Hukum Islam Fitriyaningsih Marfuah; Nurul Afifah; Ziadatus Salamah
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1305

Abstract

The purpose of this research is to find out about the law on the distribution of inheritance to heirs of different religions in Islam. This study uses library research methods with a case study approach. The focus of this research is in the form of research in the form of the legal concept of fiqh mawaris regarding the division of inheritance. The results of this study indicate that: the law on the distribution of inheritance to heirs of different religions through the intermediary of the obligatory testament is valid based on the decision of the Supreme Court Number 368K/AG/1995 which has been developed from Islamic Compilation Law.
Marriage of Transgender Men and Women from the Perspective of Fiqh Munakahat Alfi Nur Hidayati; Dita Natasha Irviana; Isnaini Wardatun Nafi’ah
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i2.1307

Abstract

Marriage in Islam is an agreement that binds two people, namely a man and a woman, both parties have fulfilled the prerequisites according to applicable regulations based on willingness and preference to live together in a family, to receive peace and happiness both physically and spiritually. Islam has regulated legal and lawful biological relationships through marriage, but deviations can still occur, whether in the form of adultery, homosexuals, lesbians, bisexuals, and transgenders. In the midst of an increasingly diverse society, the question will inevitably arise about transgender marriage laws in Islam. This the paper uses a qualitative descriptive approach with the library research method. With this research, it aims to find out the marriage law of transgender surgery actors from the perspective of Islamic law. The results of the study show that someone who performs transgender surgery is included in actions that are prohibited or unlawful according to Islam. Meanwhile, when a person performs transgender surgery because they have abnormalities in their genitals, it is permissible to carry out the operation. So when a transgender operation actor wants to carry out a marriage, he uses his status before becoming transgender. For example, his initial status is male, he must marry a woman if he wants his marriage to be valid in the eyes of law and religion.
Konflik dalam Keluarga Modern dan Akar Permasalahannya Maudy Fathia; M. Ibrahim Aziz; Ais Surasa
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1339

Abstract

The family is a group of people who join together as one because of blood ties and kinship. The more members of his family the more opinions will be raised. Families are vessels for shelter, protection, spilling love and sharing all sorrows as well. In the digital age, many families are contaminated by constant change and circumstances. That’s when each opinion of the family members will clash, even tear each other down. It cannot be avoided by anyone because anyone is obliged to resolve it. This research is library research, which is a study that uses literature by studying books, books, and other sources of information that have relevance to the scope of the discussion. The results show that conflicts in modern families occur due to several things, namely childcare patterns, family economy, and unequal domestic burdens. The lack of communication space between family members is also a cause of conflict in the family.
Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Febrian Batubara; Hermanto Harun; Ahmad Nazori; Samsul Hadi J; Retno Kusuma Wardani; M. Yusuf
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Pengelolaan Zakat Produktif untuk Meningkat Usaha Kecil dan Menengah Pauzi Muhammad
NALAR FIQH: Jurnal Hukum Islam Vol. 9 No. 1 (2014): Juni 2014
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v9i1.1364

Abstract

In the kontext of productive charity, the intended meaning is the first meaning in growth. In economic terms in known as growth (growth capital) or wealth (wealth growth). How did it happen? One of the main functions of the zakat is one way to prevent hoarding property which may result in death or wealth does not grow. So it is recommended to place the property in the form of productive assets, such as funds placed in banks or gevernment-controlled institutions. The small dan medium businesses charity distribution sector include: (1) agriculture, livestock, forestry and fisheries; (2) trade, hotels and restaurants; (3) the processing industry; (4) services; and (5) transport and communications. While the economic sectors that have the smallest proportion of business units in a row is a sector: (1) Electricity, gas and water supply; (2) finance, leasing and business service; (3) building; and (4) mining and quarring. Indonesian muslims who are the majority, have great potential in helping to alleviate poverty through charity programs. However, this potential has not managed optimally, there are many muslims who angaged in small and medium business has not helped in developing venture capital. With the distribution of charity for small and medium businesses cas increase revenue for the community engaged in the small and medium enterprises, so as in improve the welfare of the people.
Kelebihan Pembayaran di SPBU dalam Kajian Filsafat Hukum Islam Helmi Yusnita; Busyro Busyro
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1376

Abstract

­Fuel oil (BBM) for vehicles can be obtained at the Public Fuel Filling Station (SPBU) closest to the sale and purchase transaction, filling is done according to the buyer's wishes. Payments are made according to the nominal value shown on the gas station monitor screen, but it often happens that payments are made in excess of what is shown on the gas station monitor. This research aims to explain the philosophical study of Islamic law regarding excess payments at gas stations, which exceed the bills that are monitored at gas stations. This research uses library research with the main data coming from journals, books, and the internet. Data collection was carried out by reading and grouping according to the themes discussed, then analyzed using descriptive, inductive theory and presenting it in writing. The research results show that philosophically in Islamic law, excess payments at gas stations are at the hajiyah level. Because it is done to make transactions easier and less difficult at the gas station.
Jual Beli secara Online (E-Commerce) dalam Islam Pauzi Muhammad
NALAR FIQH: Jurnal Hukum Islam Vol. 10 No. 2 (2014): Desember 2014
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

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

Abstract

Buying and selling is muamalah contract, the contract is carried oaut by the two parties oin which the first party and second party deliver the goods handed over in return, either in the form of money or goods. Where buying and selling online can streamline and streamline time so that one can make buying dan selling with very person anywhere and anytime. All buying and selling over the internet is done without any face-to-face between the parties that accorred was done electronically, based on the foundation of the rule fiqhiyah the buying and selling via online (internet) it is allowed, and valid, unless it is casuitry irregularities, manipulations, froud and the like, it is also legal csuitry applied, which is forbidden. In the problem of buying and selling online, fiqh considers that baying and selling in cyberspace allowed because mashlahah. Mashlahah is a benefit and harm refuse in order to maintain teh goal of personality. When e-commerce was seen as the with draw of trade in Islam, it may be analogous to that first seller is a marchant (internet service provider or ISP), where as buying fondly called customer. Second, the object is to offer goods and services (such as the ordering as-salam) with a variety of information, profile, price list, seen pictures of goods, as well as the official company. Third, sighat (consent-qabul) performed with the payment gateway system/ software support (authorities and monitors) for the acquirer.
Maintaining Family Harmony in Islamic Law According to Madhhab of Imam Shafi’i Wardah Mujtaba; Kasuwi Saiban; Soheila Rostami
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i2.1406

Abstract

­This research explores and discusses the importance of maintaining family harmony in Islamic family law according to the Madhhab of Imam Syafi'i. This article, explained that maintaining family harmony is started from the attachment between husband and wife in the marriage context. Both parties must respect, appreciate, and support each other and understanding self rights and obligations. Furthermore, this article also explained the importance of good communication between family members. Each family member have to own the ability of listening and sparing time to talk to each other, then problems arises can be resolved properly. In addition, good parenting from parents to their children is also very important in maintaining family harmony. This article also emphasized the importance of avoiding actions of damaging family harmony such as infidelity, harsh words, and household violence. This could endanger family harmony and potentially caused a rift in husband and wife relationship also between parents and children. This article also emphasized the importance of maintaining the unity and entity in family, thus each family member could feel the ownership of being part of a family that supports and holds each other in life. In conclusion, this article affirmed that harmony in the family is very important in Islamic family law according to the Madhhab of Imam Shafi'i. In maintaining family harmony, each family member need to support each other and maintain the integrity of the family as a whole unit. Therefore, promoting family harmony should always be a major concern for every Muslim family.
The Intervention of Islamic Law on Minangkabau Tradition Regarding Children Adoption Helmi Yusnita; Endri Yenti; Safrin Salam; Kayode Muhammed Ibrahim
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i2.1409

Abstract

The process of child adoption is not done widely based on The Traditional Law of Minangkabau because most of the adopted children are still their relative. The legal status of adopted child in the foster family can be obtained through the court where the status is the same with biological child or foster child, while the legal status of adopted child in the adopted relative can be gained through the tribe recognition or determination of Minangkabau Tradition namely as “kamanakan di bawah lutuik” (the closest nephew/niece). The purpose of this paper was to find out how was Islamic law intervention towards the law of Minangkabau tradition especially in child adoption. This research employed Field Research with the main data came from primary data obtained from informants in the field and the secondary data obtained from the materials related to the research. The data collection was carried out through interview, reading, and grouping in accordance with the theme being discussed, then were analyzed by using descriptive theory, inductive theory, and presented them in the form of paper. The results of this research state that in Islam and Minangkabau tradition basically forbid someone to adopt other people’s child by cutting the family ties with the child’s parents, then move it to the foster parents because it can cause chaos in the inheritance system either according to the traditional law or according to Islamic Law.