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At-Tahdzib: Jurnal Studi Islam dan Muamalah
Published by STAI At-Tahdzib
ISSN : 20897723     EISSN : 25031929     DOI : 10.61181
Core Subject : Religion, Economy, Education, Social,
Religion Economics, Econometrics & Finance Education Social Sciences
At-Tahdzib: Jurnal Studi Islam dan Muamalah is an academic journal that focuses (not limited) on in-depth studies on Islamic studies and muamalah (economic and social aspects of Islam). This journal aims to facilitate scientific discussion and dissemination of knowledge in the field of Islamic religious sciences and the application of sharia principles in economic and social life. Improve understanding of Islamic theory and practice in a modern context. Encourage high-quality research in the field of Islamic studies and muamalah. Provide a platform for academics, researchers, and practitioners to share knowledge and experiences. At-Tahdzib: Jurnal Studi Islam dan Muamalah covers various aspects of Islamic studies, including history, tafsir, hadith, fiqh, and contemporary Islamic theories. Research examining the development of Islamic thought and its application in modern society is also a major concern. Articles discussing the principles of Islamic economics, trade law, sharia financial management, and business ethics in an Islamic context. This includes studies on sharia-compliant economic practices as well as challenges and innovations in this field. At-Tahdzib: Jurnal Studi Islam dan Muamalah publishes articles in English. The article acceptance process is carried out through peer-review to ensure high quality and scientific contribution. Published since 2013 every March and September by the Institute for Research, Development and Community Service (LP3M) of the Sekolah Tinggi Agama Islam At-Tahdzib Rejoagung, Ngoro, Jombang, East Java, Indonesia. For more information about the latest edition, author guidelines, or access to articles, contact the editorial team via the email listed
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 11 No 2 (2023): At-Tahdzib" : 10 Documents clear
Implementasi Qanun No. 11 Tahun 2018 Tentang Lembaga Keuangan Syariah Pada Koperasi Makmu, Geubrina
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.296

Abstract

Background. Nanggroe Aceh Darussalam provinces is one the provinces that has special autonomy, namely the application of sharia law in all aspects of life, including financial intitutions. Qanun number 11 of 2018 concerning Islamic financial institution in the province of nanggroe Aceh Darussalam as a whole, including sharia financing cooperatives as referred to in article 28 Aim. This research is to show the implementation of qanun no. 11 of 2018 concerning Islamic financial institutions in cooperatives Methods. This research is s type of empirical juridical research with a sociological jurical approach, data collection techniques with interviews and documentation, data analysis is carried out by editing, classification, verification and analysis methods Results.from this study shows that in the implementation of qanun no. 11 of 2018 concerning Islamic financial institutions in cooperatives needs to be improved and reviewed from the mashlahah mursalahthe implementation of this qanun is the need to adapt to the new system but this gives a sense of security to cooperative members
Kontribusi Nyai Nur Khodijah: Telaah Historis Perintis Feminisme Pesantren Hamidah, Ani Mar’atul; Atik Masfiah
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.298

Abstract

Background.The founding figure of the Islamic boarding school is identical to the kiai. Even though it could be that the originator of this brilliant idea came from the figure of the nyai. Aim.This article will reveal and describe the forerunner of Islamic boarding school feminism through the figure of Nyai Nur Khodijah:the biography, tirakatan culture, and the history of Nyai’s struggle in pioneering women’s boarding schools even though women were marginalized at that time. Methods.The method used in this research isindividual life history with a qualitative approach. Results.The gait of Nyai Nur Khodijah with her husband, Kiai Bisri Syansuri in pioneering the Mamba’ul Ma’arif Denanyar Jombang Islamic Boarding School should be appreciated, especially women’s cottages. This Islamic boarding school always shows its existence in the world of Islamic education. In fact, now the curriculum has been transformed according to the times. In addition to focusing on Islamic science, female students are also equipped with knowledge about general skills to support their potential and provisions after graduation in society. His contribution succeeded in empowering female students so that women are seen as having dignity and are nevermore marginalized. The advice from Nyai Nur Khodijah who is able to motivate her female students, even women in general, is “Your tirakat, determines your husband's future”.
Pengangkatan Anak dan Akibat Hukumnya di Pengadilan Agama Jombang: (Analisis Penetapan Perkara Nomor : 611/Pdt.P/2022/PA.Jbg.) Mashudi
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.299

Abstract

Background. The process of adopting a child must go through a court order. This determination is made by the prospective adoptive parents and the biological parents of the child who is adopted to submit a case for the application for adoption to the Religious Courts. The government issued a policy for the welfare and protection of adopted children so that they have legal force by passing Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 Article 49 letter (a) number (20) concerning the Religious Courts. Methods. This type of research is field research. The research was carried out at the Class IA Jombang Religious Court. Researchers obtained primary information by interviewing judges who had experience in deciding child adoption cases. The secondary data used is in the form of copies of provisions and books relating to the provisions on child adoption. Aims.The research examines in more depth the adoption of children which is under the authority of the Religious Courts, especially in the Jombang Religious Courts, and what problems arise as a result of child adoptions. Results. The Panel of Judges granted and decided the case regarding the adoption of a child by the applicant by looking at various aspects and considerations, including the reasons and facts that exist and should be accepted and given a decision on the basis of positive law and the basis of Islamic law which regulates it, and strengthened the decision of the Panel of Judges in the trial to provide a decision regarding adoption of the child to the applicant. There is no repetition or duplication in the hearing to determine the adoption of a child because there is no dispute or opposition. The decision is only declaratory in nature.
Peran Hukum Keluarga dalam Menghadapi Tantangan Poligami dalam Masyarakat Kontemporer Muhammad Husni Abdulah Pakarti; Sofyan Mei Utama; Diana Farid; Hendriana
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.303

Abstract

Backgound. Polygamy has long been a matter of debate in society, especially in the increasingly complex and globalized contemporary society. In this context, the role of family law becomes very important to face the challenges of polygamy and maintain a balance between traditional values and broader social developments. Aim. The purpose of this study is to determine the extent of the Role of Family Law in Facing the Challenges of Polygamy in Contemporary Society. Methods. The research method used is library research or literature review, this research uses data such as books, journals and other literature obtained from previous studies. after the data is obtained, descriptive analysis is carried out to describe the findings clearly. Results. The results show that the role of family law is very important in facing the challenges of polygamy in contemporary society. The law, MUI fatwa, religious views, women's human rights, and multiculturalism approaches can be a reference in minimizing the negative impact of polygamy practices and maintaining justice and equality between husband and wife.
Penguasaan Kakek pada Hak Asuh Anak di Bawah Umur dalam Perspektif Maqashid Syariah Setiawati, Lilis; Ismail, Habib; Muhklishin, Ahmad; Arsyad, Mufid; Rakhmat
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.312

Abstract

Background. The marriage that every human desires is sakinah, mawadah, and warohmah and in marriage the most desired thing is to be blessed with a child. However, in the reality of married life, many of them end in divorce cases which result in disputes regarding child custody. Children under 12 years old must be raised by their biological mother, but this does not rule out the possibility of being raised by their father. Aim. The aim of this research is to determine the control of custody of minor children to grandfathers in Pekalongan, East Lampung and to analyze the control of custody of minor children to grandfathers from a maqashid sharia perspective. Methods. This type of research is qualitative by describing the facts that occurred in Pekalongan, East Lampung. The data sources in this research are primary data sources and secondary data sources as tools for conducting research. Meanwhile, data collection methods use observation, interviews and documentation. Results. The care of underage children by grandfathers which occurred in Pekalongan, East Lampung occurred because the child's mother was unable to care for the child due to economic factors, so the child was given to the father who apparently could not care for the child well, because his job was as a driver. In this way the child is raised by the grandfather. Mastery of custody of minor children to grandfathers occurs according to the maqashid sharia view, namely hifzun-nafs or caring for the soul and hifdz al-nasl or caring for offspring are said to be able to care for children, such as having affection for children, being physically healthy and having an economy that is able to provide for children's needs.
PRAKTIK PERJANJIAN UTANG ANTARA PETANI DAN AGEN SAWIT DALAM PERSPEKLTIF QARDH DAN URF’ (STUDI KASUS DI KEC. LONGKIP) : (Studi Kasus di Kecamatan Longkip) Lisnawati, Depi; Arbaina, Mik Imbah
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.313

Abstract

Background. This research is motivated by the practice of debt agreements for consumptive and productive needs in the people of Lae Saga Village, Longkip District, Subulussalam City. Aim. This study aims to find out the mechanism of the debt agreement and to examine the views of the qardh and urf contracts on the debt and credit agreements that occurred in Longkip District. Methods. This study uses a type of qualitative research with an empirical approach. The object of this research is the debt agreement. The subjects are palm oil farmers and agents. The data source for this research uses primary data from interviews and secondary data obtained through library research. Results. The results of the study show that the debt agreement is carried out by the people of the sub-district. Longkip occurs because of a sense of trust and awareness to help each other. The implementation of the loan agreement is in accordance with the provisions of the qardh contract. because the pillars and terms of the contract have been fulfilled, so that the practice may be carried out. if it is reviewed based on the customs and habits of local residents, it is included in urf 'sahih because it is a good habit to do.
Wasiat Khiyariyah dalam Perspektif Maqashid Al Syariah Imam Al Syathiby: (Studi kasus di Desa Gondangmanis Kecamatan Bandarkedungmulyo Kabupaten Jombang) Yayat Dimyati; Zainal Fanani; Nurul Huda
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.317

Abstract

Background. This research is intended to provide an analysis of Ikhiyariyah wills in the perspective of the maqashid Syariah Imam Al Syathibi (a case study in Gondangmanis Village, Bandarkedungmulyo District, Jombang Regency). The main problems are 1). What is meant by a khiyariyah will according to the scholars? 2). What is the khiyariyah will according to maqashib Imam Al Syathibi? Aim. After conducting an in-depth analysis, it was found that in terms of the obligatory testament, the maqashid perspective of Imam Al Syathibi and the opinions of the clergy and practice in Gondangmanis Village are in line. The opinion of the scholars stated that giving a mandatory will to adopted children or adoptive parents and not to the heirs. In Imam Al Syathibi's thought, the general rule of the first maqasid formulation is that the Shari'a is made to safeguard the benefit of the servant, both the benefit in this world and the benefit in the hereafter. The benefit of this servant includes benefit at the primary (dharuriyyat), secondary (hajiyat) and tertiary (tahsiniyyat) levels. Once the khiyariyah will that occurred in Gondangmanis Village was carried out for the benefit. Methods. In discussing this problem the research method used is qualitative research and this type of research is field research using a phenomenological approach to qualitative research which does not require in-depth knowledge of the literature used and certain abilities on the part of the researcher. Results. In terms of determining the number of levels of khiyariyah wills that will be obtained for those who are entitled to receive them, the ulama and the realization in Gondangmanis Village tend to be the same, namely a maximum of one third (1/3). According to maqashid Imam Al Syathibi, this is appropriate for the benefit of making Islamic law. This is done so that disharmony does not occur in the family and still maintain social relations between them.
Pandangan Ulama Tentang Larangan Menyentuh dan Membaca Al-Qur’an dalam Keadaaan Haid Hanik Latifah; Dzin Nun Naachy
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.325

Abstract

Background. This research focuses on aspects of prohibitions for women during menstruation from the views of ulama. As is known, the commentators have not provided sufficient studies on the various implications arising from the existence of this menstrual cycle except for a global explanation of all taboos and prohibitions for menstruating women. Including touching and reading the Koran, this article focuses on aspects of prohibitions for women in reading the Koran during menstruation from the perspective of the ulama. Methods. The method used in this writing is the literature method with a normative approach. This approach is then analyzed descriptively starting from data description, data formulation and data interpretation. Results. Based on the results of the study, some of the scholars' views regarding reading the Koran during menstruation are permissible, some are not. Imam Syafi'i and Imam Hambali consider that women who are menstruating are prohibited from reading the Koran unless they are not intending to read the Koran as a recitation of the Koran, only as dhikr or for teaching. Meanwhile, Imam Maliki considers that reading the Koran for menstruating women is absolutely permissible.
ASPEK HUKUM GADAI (RAHN) DALAM PERSPEKTIF HUKUM ISLAM Bustanul Arifin; Moh. Ulumuddіn
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.349

Abstract

Abstract: Background. Fiduciaryis one of the financing products available in financial institutions, where this financing agreement aims to make it easier for customers to obtain loans by fiduciary gold or other valuables that have resale value such as: land certificates or other building documents, Proof of Motor Vehicle Ownership (BPKB), and Employee Decree (SK), as collateral for the proposed loan and proof that he is able to make repayment at the agreed time. For this reason, in this practice the researcher will describe aspects of pawn law from an Islamic legal perspective. Methods. in this research, emphasizing the legal aspect of fiduciary, this research takes the form of library research (library), with data collection techniques through tracing major theories in literature studies related to fiduciary from an Islamic perspective. The analysis technique used is descriptive analysis, this technique begins by describing the data related to the pawn, then sorting it according to research needs, this pattern will be carried out repeatedly, to ensure the data obtained is in accordance with the research focus Results. Aspects of fiduciary law in an Islamic perspective include the basis for enforcement which is in accordance with Islamic principles, the pillars and conditions of fiduciary, control of collateral goods, binding of collateral goods, use of collateral goods, sale of collateral goods, destruction of collateral goods and expiry of collateral goods. In general, these legal aspects are stated in Islamic law in detail.
A ANALISIS TERHADAP PENETAPAN DISPENSASI NIKAH MENGGUNAKAN TEORI MASLAHAH : (Penetapan Perkara Nomor : 450/Pdt.P/2020/PA.Jbg) Ahmad Khotim; Ahmad Insya' Ansori
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.368

Abstract

Background. Underage marriage is a marriage that occurs by someone who has not reached the age as intended in Law Number 1 of 1974 concerning Marriage in article 7 paragraph 1 as amended by Law Number 16 of 2019 which states that marriage is only permitted if the parties -The parties are male and female and have reached the age of 19 years. Aim. This research was written to answer the questions outlined in 2 problem formulations, namely: (1) What are the reasons the judge considers when deciding on a request for a marriage dispensation? (2) What is the analysis of the determination of marriage dispensation using maslahah theory in the Jombang Religious Court? Methods. The problem approach method used in this research is a normative juridical approach model, namely an approach that focuses on the norms that apply and originate from juridical provisions. This means both from fiqh books, applicable laws and opinions from legal. Results. The Jombang Regency Religious Court Judge in deciding the Application for Marriage Dispensation uses legal considerations of expediency supported by evidence which according to the judge is quite strong, both written evidence and oral evidence. The judge's policy in giving a decision is in accordance with maslahah because the decision states that if the request for a marriage dispensation is not granted, it will raise fears of adultery or acts prohibited by religion.

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