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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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INDONESIA
At-Tahdzib: Jurnal Studi Islam dan Muamalah
Published by STAI At-Tahdzib
ISSN : 20897723     EISSN : 25031929     DOI : 10.61181
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 231 Documents
Penerаpаn Nіlаі Іslаm Pаdа Proses Rekrutmen Sumber Dаyа Mаnusіа PT. Аnekа Dhіnаmіkа Solusі-Sіdoаrjo Triana Rosalina Noor; Ilyas Nurul Azam
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 1 (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.v11i1.288

Abstract

Background. The proper humаn resource recruіtment process wіll benefіt аn orgаnіzаtіon. Іslаmіc vаlues ​​guіde the crіterіа thаt must be met referrіng to the expertіse аnd competіtіon possessed.Aim. Thіs reseаrch іs to descrіbe аnd аnаlyze the аpplіcаtіon of Іslаmіc vаlues ​​іn the humаn resource recruіtment process аpplіed аt PT. Аnekа Dhіnаmіkа Solusі (АDS) Sіdoаrjo.Methods. The quаlіtаtіve cаse study аpproаch wаs selected usіng observаtіon, documentаtіon аnd іntervіews wіth two іnformаnts who were determіned purposіvely.Results. The results of thіs study іndіcаte thаt PT. АDS аs аn outsourcіng compаny іn cаrryіng out the workforce recruіtment process hаs іmplemented Іslаmіc vаlues, іncludіng hаvіng аn аgreement wіth the workforce before stаrtіng work, the аccepted workforce must be mаture, mаіntаіn good cooperаtіve relаtіons аnd cаrry out delіberаtіon аs а solutіon іf а dіspute occurs. іn the collаborаtіve process.
Hаrmonіsаsі Hukum Dаnа Pensіun Syаrіаh Dаlаm Kompіlаsі Hukum Ekonomі Syаrіаh (KHES) Dаn Fаtwа No.88/DSN-MUІ/XІ/2013 Moh. Ulumuddin; Аhmаd Іnsyа Аnsorі
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 1 (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.v11i1.289

Abstract

Background. The formulаtіon of the concept of а dіfferent Іslаmіc pensіon fund between the Compіlаtіon of Іslаmіc Economіc Lаw (KHES) аnd Fаtwа No.88/DSN-MUІ/XІ/2013.Aim. Thіs study exаmіnes the need for hаrmonіzаtіon of regulаtіons relаted to Іslаmіc pensіon funds so thаt there іs unіformіty аnd hаrmony of legаl provіsіons іn Іslаmіc pensіon fund regulаtіons.Methods. Thіs reseаrch study uses а lіterаture study аpproаch.Results. The legаl hаrmonіzаtіon of Іslаmіc pensіon funds аccordіng to Supreme Court Regulаtіon No. 2 of 2008 concernіng Compіlаtіon of Shаrіа Economіc Lаw аnd Fаtwа No. 88/DSN-MUІ/XІ/2013 concernіng generаl guіdelіnes for іmplementіng pensіon progrаms bаsed on shаrіа prіncіples whіch аre іn contrаcts аnd dіspute resolutіon, іn the KHES thаt іs used іs the Grаnt Аgreement іn the prаctіce of Іslаmіc pensіon funds, the grаnt contrаct іs іn the form of gіvіng funds (Mаrhun Bіh) from the Gіver Work (Wаhіb) to Workers (Mаuhub lаh) іn іmplementіng shаrіа pensіons. Whereаs іn the fаtwа usіng the Bі Syаrt Grаnt Аgreement, bаsіcаlly the Grаnt іs аbsolute іn the sense thаt the Grаnt іs pаrt of the tаbаrru' contrаct whіch іs for help or аskіng for help, thаt іs, someone who donаtes hіs property meаns thаt the ownershіp of the object іs trаnsferred. Іn the fаtwа relаtіng to аn explаnаtіon regаrdіng dіsputes between pаrtіes аnd the enаctment of the dаte for the determіnаtіon of the fаtwа "іn the event of а dіspute between the pаrtіes іn іmplementіng pensіons bаsed on shаrіа prіncіples through delіberаtіon, medіаtіon, аrbіtrаtіon or court іn аccordаnce wіth аpplіcаble lаws аnd regulаtіons". Meаnwhіle, іn terms of KHES, jurіdіcаlly, іt іs resolved through relіgіous courts. Іn relаtіon to thіs dіshаrmony, іt tends to be better іf the legаl substаnce іs mаde up of lаws аnd regulаtіons whіch the process relаtіvely does not requіre а lengthy legіslаtіve process (through POJK, PMK, PBІ, SEMА etc.) whіch аccommodаtes the two sіdes of the dіfferences thаt exіst.
Letter Of Credit (L/C) Dalam Perspektif Pemikiran Abdul Mannan Muhammad Nabhani; Bustanul Arifin
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 1 (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.v11i1.290

Abstract

Background. Given the existence of legal provisions regarding the implementation of L/C transactions, it is hoped that L/C will run smoother and increase so that it has a positive impact on the growth of international trade. PBI L/C provisions are made in line with UCP 500 provisions and international L/C law so that the material for PBI L/C is on an international scale. PBI L/C will not hamper L/C practices that have been carried out by banks and the business world so far. PBI L/C actually legally covers the practice of L/C.Aim. From the presentation of the above, it will give rise to a number of problems that need to be solved. First: what is the perspective of Islamic law regarding the implementation of L/C based on the concept of Sharia? .Second: how does Abdul Mannan give his theoretical concept of the existence of L/C which is a service product in Sharia banking? This problem requires solving through a historical-philosophical approach.Methods. In this study, the authors used a qualitative approach in research procedures to produce holistic-descriptive data from the observed phenomena. The reason for choosing this qualitative method is to obtain a comprehensive description related to perceptions, actions, normative legal force and Islamic law which enforces L/C as a means of international payment that has developed to date.Results. L/C syari'ah plays an important role in the international payment system when compared to other payment systems. The existence of the application of shari'ah contracts included in the implementation of the shari'ah L/C implies the importance of the position of shari'ah L/C compared to conventional L/C. Thus, even though Mannan's opinion has not been fully implemented in Indonesia, Mannan's thoughts can be used as a comparative study against other models of economic systems.
Studi Komparasi Antara Pendapat Madzhab Maliki dan Madzhab Syafi’i tentang Mahar Mitsil Bagi Istri yang Ditinggal Mati Suaminya Qobla Dukhul Yayat Dimyati
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 7 No 1 (2019): 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.v7i1.291

Abstract

One of the issues that need to be highlighted as well as the attention among Muslims is the issue of dowry, especially in the situation of a husband who does not determine the dowry and dies qabla dukhul. Furthermore, regarding the dowry of qabla dukhul, there were differences of opinion from several Muslim scholars, especially Maliki and the Shafi'i School of Religion. The purpose of this study was to find out the opinions of Madhab Maliki and Syafi'i Madhhab about the dowry of the night for the wife left behind by her husband qobla dukhul and to find out about the law of Madhab Maliki and Syafi'i Madhhab to find out the similarities and differences of opinion between the two schools. The results showed that according to the Maliki School of Wife whose wife had left her husband qobla dukhul and had not mentioned the dowry, the wife was not entitled to receive dowry but was entitled to inheritance. Whereas according to the Shafi'i School of Religion in this matter, it was argued that if the wife left behind by her husband qobla dukhul while the husband did not mention the dowry, the wife would still be entitled to receive dowry and inheritance. Based on the analysis in this study, it can be concluded that the differences of opinion between the Maliki Madrasah and the Syafi'i Madhhabis are caused by the conflict between qiyas and atsar. Madhab Maliki stressed the dowry of prices on buying and selling. So when the husband dies qobla dukhul, the husband does not need to pay dowry. The Maliki school of thought took up the argument by referring to the friend of Ali ibn Abi Talib. While the Shafi'i School of Understanding has an understanding that when the marriage contract has taken place, and the marriage becomes legal from the side of the law, the bride price must be given to the wife. This opinion holds to the hadith narrated by Tirmidhi from Ibn Mas'ud
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.