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Ali Audah
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Sekolah Tinggi Agama Islam At-Tahdzib Jl.Ngoro-Kandangan KM 3 PA Rejoagung, Ngoro, Jombang, Jawa Timur, Indonesia 61473
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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
 1 
Search results for , issue "Vol 12 No 2 (2024): At-Tahdzib" : 10 Documents clear
Franchise in The Perspective of Islamic Contract Law Arifin, Bustanul
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.361

Abstract

Background. The construction of an agreement based on Islamic Law must fulfill the principles of mu’amalah, the pillars (rukun) and conditions for the validity of the agreement, the provisions of the agreement and the prohibition of cooperating in committing a sin, and the ability of the parties to carry out legal acts. The valid condition of an aqad (agreement) is that the purpose of the agreement is fulfilled as the main consequence of an aqad. Aims. This article examines franchise business agreements according to the normative provisions of Islamic Law. Methods. Library research studies emphasize the legal aspects of franchises. Conceptual data are tracked on the internet with the keywords franchise and Islamic perspective and the results are analyzed descriptively. Results. Franchise is a form of cooperation agreement (syirkah) which provides special rights and authorities to the franchisee as the recipient. Franchise is a reciprocal agreement, because the franchisor as the franchiser and the franchisee, both are obliged to fulfill certain achievements. Franchise agreements are permitted according to Islamic Law because they are beneficial and do not contain elements that conflict with the concept and process of syirkah and fulfill the pillars of ijarah: ‘uqud (people who have aqad, namely the franchisor and franchisee), sighat ‘uqud (found during negotiations), ujrah (wages), and benefits (business).
Wife’s Obligations According to Marriage Law: Perspective of Legal Purpose Theory Hidayat, Deden Adi; Nurcholis, Moch
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.395

Abstract

Background. The wife’s obligations under marriage law are contrary to Islamic law.. This difference raises questions about the suitability of the law with social values. Social history records significant developments in the role of the wife in the dynamics of household affairs. Aims. To analyze the basis of Article 34 paragraph 2 of the Marriage Law concerning the wife's obligation to manage household affairs and theoretical views on the purpose of the law on the article. Methods. Normative legal research uses a conceptual approach to explore the understanding of the basis of law. Data were obtained through literature studies and analyzed descriptively based on the theory of the purpose of law. Results. Article 34 paragraph 2 iin terms of justice, reflects distributive and commutative justice. The fair division of roles between husband and wife is reflected and affirms equality in lineage and family identity. Justice will be achieved by avoiding exploitation or inequality in the exchange of roles. The wife's obligations in terms of benefits are considered an effort to achieve the greatest possible benefits for individuals and families. Consistent and clear application of the law is very important in terms of certainty. The history of marriage law shows the complexity in the interpretation and application of the law. Efforts to create legal certainty have been made through the unification and simplification of laws, as well as the affirmation of norms that regulate the wife's obligations firmly and unambiguously.
Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah Kamaluddin, Imam; Ismail, Taufiq
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.399

Abstract

Background. Multi-contract (hybrid contract) is currently widely applied in Sharia Banking. The contract is used in various transactions in Sharia Banking products such as the Ijarah Muntahiyah Bit Tamlik and Musyarakah Mutanaqishah contracts. In practice, the application of the multi-contract raises schematic problems, but Sharia Banking still applies the contract. It is interesting to study the practice of multi-contract in Sharia Banking from the aspect of maqasis sharia. Maqasid sharia analysis is used to see the maslahah side. Aim. This study aims to review the practice of multi-contract in Sharia Banking in the perspective of maqasid sharia. Methods. This study uses library research. Results. The results of this study indicate that the jurists (fukaha) agree on the permissibility of multi-contracts, but the validity of the results of the merger depends on what contracts are combined. The elements prohibited by the maqashid sharia in this hybrid contract include coercion, elements of fraud to gain profit, and no one is harmed between the two parties.
Analysis of Securities Crowdfunding from the Perspective of Maqashid Al-Shari'ah Ulumuddin, Moh.
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.435

Abstract

Background. Shari’ah fintech has great potential to promote financial inclusion and improve access to financial services that comply with Islamic principles. The challenges in financial literacy, regulation, and Shari’ah compliance still need to be addressed to maximize this potential. Aim. This study aims to describe and analyze the implementation of fintech in Shari’ah-compliant securities crowdfunding in Indonesia and evaluate its alignment with the principles of Maqashid al-Shari’ah. Method. The research employs a descriptive-analytical approach with a qualitative method. Primary data sources include literature, regulations issued by the Otoritas Jasa Keuangan (OJK), and industry reports related to Shari’ah fintech. Data collection is conducted through document studies, analyzing relevant regulatory and industry documents. The data is analyzed using thematic analysis to identify patterns and key themes. Result. The implementation of Shari’ah fintech in Indonesia generally aligns with the core objectives of Maqashid al-Shari’ah, namely the protection of religion, life, intellect, lineage, and wealth. Shari’ah fintech platforms successfully avoid elements of riba (interest), gharar (uncertainty), and maysir (speculation), adopting financing models like mudharabah and musyarakah. However, several challenges remain, including inconsistent regulations, cybersecurity issues, inadequate technological infrastructure, and low public financial literacy regarding Shari’ah fintech. To enhance transparency and security, technologies like blockchain and smart contracts are recommended.
Green Banking: The Perspective of Maqãshid Al-Syari’ah Ansori, Ahmad Insya'
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.453

Abstract

Background. Global environmental challenges are driving every sector. Banking must adapt and contribute to achieving sustainable development. Green banking has emerged as an innovative solution that focuses on financial benefits as well as environmental and social responsibility. Aims. Integrating the principles of maqãshid al-Syari̅’ah with the concept of green banking. Method. The literature study uses a qualitative approach with descriptive analysis to better understand the concept of green banking in the context of maqãshid al-Syari̅’ah Result. Green banking not only contributes to environmental preservation but also helps banks build a stronger and more sustainable portfolio. The conclusion of this research emphasizes the importance of applying maqãshid al-Syari̅’ah principles to support the sustainability of the banking sector in the future.
Nikāh Sirri and Its Impact: The Perspective of Maqashid Ash-Shari’ah of Imam Asy-Syathiby Fanani, Zainal
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.455

Abstract

Background. The legal status of nikāh sirri (secret or unregistered marriage) is controversial because it is not announced and not officially recorded. The views of scholars on secret marriage and the factors causing it, as well as the legal regulations in force in Indonesia, need to be studied. Aim. Examines nikāh sirri from the perspective of maqāṣid asy-syari’ah, which includes five essential goals of Islamic law: the maintaining religion (hifẓ ad-dīn), soul (hifẓ an-nafs), descendants (hifẓ an-nasl), property (hifẓ al-māl), and reason (hifẓ al-’aql). Method. This research utilizes a literature review with a descriptive-analytical approach to Islamic jurisprudence and relevant regulations. Result. Nikāh sirri causes more harm (mafsadat) than benefit (maslahat), particularly concerning the rights of wives and children in inheritance, financial support, and legal protection. Based on maqāṣid asy-syari’ah, nikāh sirri is considered impermissible (haram) due to its adverse effects on mental well-being, economic instability, and threats to legitimate lineage. The formal registration of marriage is crucial for ensuring the protection of family rights.
Calculating of Month and Day of Birth Ahead of The Wedding Day in The Javanese Culture: Perspective of Maqashid Al-Syari’ah Mas’ud; Mas'ud
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.456

Abstract

Background. Counting the month and day of birth is  ritual; respect for traditions and beliefs that have existed for a long time in society; considered as one way to ensure that the couple starts their new life well and receives blessings from God. Aim. Examines the role of Javanese culture in calculating the month and day of birth in relation to the upcoming wedding, as well as its relevance from the perspective of maqashid al-shari’ah. Method. Qualitative approach involving in-depth interviews and participatory observation. Thematic analysis was employed to identify key themes of data and to connect with the theory of maqashid al-shari’ah. Results. The practice carries values aligned with maqashid al-shari’ah, such as the protection of offspring and the formation of harmonious family relationship; provides spiritual and social reinforcement for the Javanese community; fostering mutual respect and strengthening the bonds between individuals and their traditions and beliefs.
Islamic Family Law Perspective on Marrying Pregnant Women Anfasa, Farid; Ja’far, A. Kumedi
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.465

Abstract

Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.
Urinary Ethics in the Perspective of Hadith: (Analysis of the Contradictions of the Prophet's Hadith) Purwantoro
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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.v12i2.484

Abstract

Backgound. The ethics of defecating in Islam are not only related to physical cleanliness, but also include the spiritual and social dimensions of Muslims. The hadiths of the Prophet Muhammad SAW provide clear guidance on the procedures and manners of defecating, which aim to maintain cleanliness, health, and social harmony. Although textually we often encounter contradictions between hadits mukhtalif the ethics of defecating. Aim. This article aims to analyze the ethics of defecating taught in the hadith, especially hadiths that textually appear to be mukhtalif. The author analyzes the main principles contained therein, and explores the relevance of these teachings in modern life. Methods. With a textual and contekstual analysis approach to relevant hadiths. This article will reveal how important it is to interpret hadith contextually, and how to understand the mukhtalif hadiths. Results. The hadith of the Prophet Muhammad SAW shows the Islamic religion's concern for cleanliness, politeness, and respect for certain places. After conducting in-depth research, it was found that there were no contradictions between the hadiths were found.
Analisa Fatwa Dewan Syariah Nasional No. 07/DSN-MUI/IV/2000 Tentang Jaminan dalam Pembiayaan Mudharabah Piryanti, Meri
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): 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/j3n43z63

Abstract

Background. The National Sharia Council (DSN-MUI) Fatwa No. 07/DSN-MUI/IV/2000 on Mudharabah Financing regulates provisions regarding the use of collateral in mudharabah contracts. This issue is significant because, in principle, sharia emphasizes trust between the shahibul maal (capital provider) and the mudharib (entrepreneur), while collateral is viewed as a means of risk mitigation. Aim. This study aims to analyze the content of the fatwa, particularly the position of collateral in mudharabah financing, and to assess its relevance and implications for the practice of Islamic financial institutions in Indonesia. Methods. The research applies a library research method with a normative-juridical and qualitative approach, examining the text of the fatwa, literature on fiqh muamalah, Islamic banking regulations, as well as practical applications in financial institutions. Results. The analysis shows that the DSN-MUI Fatwa allows the use of collateral in mudharabah financing not to cover business losses, but rather as a safeguard in cases of negligence or misuse of funds by the mudharib. This provision aligns with the prudential principle in Islamic finance. However, in practice, the use of collateral sometimes shifts the meaning of mudharabah from a trust-based partnership toward a more transactional nature. Therefore, a balance is required between sharia compliance and the practical needs of financial institutions to ensure that the essence of justice and partnership in mudharabah contracts is preserved.

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