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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
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.
PERKAWINAN BEDA AGAMA DALAM UNDANG-UNDANG PERKAWINAN DAN HAK ASASI MANUSIA Syahputra, Ali
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (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.v12i1.327

Abstract

Background. This research is motivated by differences in understanding studying the Marriage Law and Human Rights in interfaith marriages so there is an unfinished debate, this is because religious teachings do not allow interfaith marriages. As we know that in Indonesia many interfaith marriages are practiced in various ways, such as holding weddings abroad, submitting to the religion of one of the partners, court decisions, and marriages under the umbrella of non-governmental organizations. These are the efforts to legalize interfaith marriages. Aim. The refore the author is interested in studying how interfaith marriages are in Marriage Law and Human Rights. Methods. The method used in this research is library research. Regarding reading dissertations and journals that explain interfaith marriages using a descriptive approach. Results. The results of this study are that the Marriage Law and Human Rights in interfaith marriages are interconnected, where Human Rights return to the Marriage Law and the Marriage Law returns to the teachings of their respective religions. Indonesia uses the Margin of Appreciation theory in which each country has the right to determine its laws without having to follow or be based on the Universal Declaration of Human Rights (UHDR). With the existence of a margin of appreciation, each individual has different rights from the national interest.
Kontroversi Akad Nikah Secara Daring Herdiansa
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (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.v12i1.328

Abstract

Background. The terms and conditions of marriage are things that must be considered in the marriage contract. One of the pillars of shigat in marriage is ittihād al-majlis (being in the same assembly). Nowadays, marriage contract activities can be carried out from different places due to developments in technology, information and communication. The marriage contract carried out online (because of different locations) appears to be contrary to the pillars and requirements of ittihād al-majlis. Aim. The function and aim of research on the practice of online marriage contracts in general is to increase knowledge in the scientific discourse of Islamic law and provide legal understanding regarding the phenomenon of online marriage contracts for readers. Methods. The data analysis used in the research is qualitative research with a normative approach using the library research method (library study), which is research by reviewing literature related to the object of research regarding online marriage contract controversies, both primary and secondary references. This research is descriptive-analytic in nature, in the process it will describe and analyze matters relating to the object of research regarding the online marriage contract controversy. Results. Online marriage contracts receive legal certainty by issuing a fatwa from the fatwa institution regarding the validity of online marriage contracts. Decisions regarding the legality of carrying out online marriage contracts can be found in existing jurisprudence. And Mafhum mukholafah communicating long distance online has become a habit which then makes parties who are far away become closer and belong to the same assembly and according to the author this has fulfilled the elements contained in ittihād al-majlis.
Menelaah Konsep Li’an Suami Sebagai Cara Mencegah Sanksi Menuduh Zina dari Kaca Mata Medis dan HAM Dalam Konteks Kekinian Anwar, Muhamad Ridho; Musip, Muhammad
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (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.v12i1.336

Abstract

Background. Li’an is used as an alternative to free a husband from qozhaf sanctions (accusing him of adultery), with the condition that the husband cannot present 4 bayyinah (witnesses) as witnesses to his wife's unfaithful actions. One of the legal consequences of li'an is that it confirms the lineage of a child with its father. Aim. Analyzing the husband's Li’an as a way to prevent sanctions for accusing him of adultery from a medical and human rights perspective Methods. This library research uses a descriptive-qualitative approach. Literature comes from authoritative data, such as classical jurisprudence books, tafsir, articles and books. The data was analyzed qualitatively and presented in descriptive form. Results. DNA test results can be used as evidence of Qorinah (signs), in the category of evidence in the form of allegations. It’s can clarify the child's lineage status, whether it is a child from the mother's husband or from another man, and can also clarify the punishment that will be received by a husband who accuses his wife of infidelity, whether he will be subject to had qozhaf or not. The concept of li’an from a human rights perspective is appropriate, because in li’an there are human rights that must be fought for, namely children's human rights. The state is expected to pay attention to the human rights of li’an children, through regulations that regulate scientific evidence through DNA testing to clarify the status and rights of children.
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.
Relevansi Pemikiran Yūsuf al-Qaradāwī terhadap Perilaku Konsumsi Arifin, Bustanul; Ulumuddіn, Moh.
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (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.v12i1.350

Abstract

Background. According to al-Qaradāwī, Islam stipulates that spending wealth must not: exceed necessary limits, and; being too frugal, not because you can't afford it, but because you're being naughty. Islam teaches consumers to be simple. Aims. This study examines al-Qaradāwī's thoughts on consumption behavior. Methods. This library research uses a theological-philosophical approach to measure al-Qaradāwī's legal istimbath method. Data was collected using documentation techniques. Content analysis was carried out qualitatively using the descriptive-analytic method. Results. Regulation of consumption behavior according to al-Qaradāwī is not being stingy or bakhil, not being wasteful and being modest. Implementing al-Qaradāwī's thoughts about not being stingy or stingy means giving donations, both obligatory and sunnah, both for oneself and for the family, for society and for fi sabilillah (in the way of Allah). Not being stingy or stingy means that humans should be fair in using wealth. Not being wasteful means not spending wealth on something that has no benefit and on something that is forbidden, including spending wealth excessively, that is, exceeding the limit in terms of things that are halal. Simplicity must be instilled in every human's daily life, namely an attitude that is in the middle between an attitude of servility, a wasteful attitude, and an excessive attitude, including an attitude of luxury. Spending wealth for needs and pleasures in Islam is not prohibited, but needs and pleasures must be in accordance with abilities and according to what is needed.
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).
Membentuk Keluarga Sakinah, Mawaddah, Warahmah bagi Pasangan Suami Isteri Tuna Wicara Perspektif Hukum Islam Triyono, Very; Fadila, Rahma
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (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.v12i1.365

Abstract

Background. Forming a Sakinah, Mawaddah, Warahmah Family for a Spouse of a Speech Impaired Husband and Wife in the Perspective of Islamic Law (Study in Rebang Tangkas District, Way Kanan Regency) based on the results of pre-research to form a sakinah, mawaddah, warahmah family for a married couple with a speech impairment experiences several problems and challenges that are faced differently from other families in general, it does not even rule out the possibility in an effort to form a sakinah, mawaddah, warahmah family in a family of people with speech impairment is very complicated considering the imperfect physical condition that requires great effort and effort, because it has deficiencies. Aim. Based on the above background, the author formulates the main problem, namely, How does a married couple with a speech impairment form a sakinah, mawaddah, warahmah family from the perspective of Islamic law. Methods. This type of research is field research which is a case study located in Rebang Tangkas District. This field research was conducted on a married couple with speech impairment. Data obtained through several methods, namely, observation interviews and documentation, data analysis techniques are carried out through the stages of data collection, data reduction, and data presentation, then analysing using descriptive qualitative analysis methods. Results. The results of research on 4 speech impaired couples in Rebang Tangkas Subdistrict about forming a sakinah, mawaddah, warahmah family are all respondents try to carry out religious obligations as well as possible, participate in community activities and recitation, be patient, try to understand each other and understand the condition of the spouse, always be grateful, listen to parental advice, strengthen each other trying to set an example by acting to be a role model for children, especially in religious guidance. By paying attention to the efforts made by a married couple with a speech impairment, they can be grouped into a Sakinah family.
Tradisi Pengangkonan dalam Pra Perkawinan Adat Lampung dan Relevansinya dengan Pengangkatan Anak dalam Hukum Nasional Fitri Yanti, Meri; Saputri, Fitriyani
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (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.v12i1.366

Abstract

Background. In the past, Lampung people were only familiar with single-tribe marriages, that is, a person with Lampung tribe only married a partner with Lampung tribe. But over time inter-ethnic marriages began to be carried out frequently, one example is the Lampung tribe marrying a Javanese tribe, as is the case with inter-ethnic marriages in Tiuh Balak Village, Baradatu Way Kanan. This does not prevent the marriage from happening because of the seangkonan (child adoption) custom, Pengangkonan must be done if Lampung people want to marry people of different tribes or different Buay (Descendants). Aim. The problem in this research is how the tradition of Pengangkonan in the pre-marriage of Lampung customary tribe in Tiuh Balak Village Baradau Way Kanan and how the relevance of Pengangkonan to the adoption of children in national law. So that this research aims to find out how the tradition of Pengankonan in pre-marriage Lampung customs in Kampung Tiuh Balak Baradatu Way Kanan and how the relevance of Pengankonan to the appointment of children in national law. Methods. This research is a type of field research. The approach used is a qualitative approach with a descriptive nature, namely research that aims to describe the pre-wedding pengangkonan of Lampung customs and its relevance to adoption in national law in Kampung Tiuh Balak Baradatu Way Kanan. Results. Based on the research that has been conducted, the tradition of pengangkonan in pre-marriage Lampung customs in Tiuh Balak Baradatu Way Kanan Village has been running in accordance with the provisions of Lampung customs prevailing in the community, where when there is a person who is native to Lampung pepadun who wants to marry someone outside the Lampung pepadun tribe, then a foster father must be found first specifically for a person who is not native to the Lampung pepadun tribe. And this anchoring is done before the marriage or pre-marriage. Furthermore, pengangkonan in the pre-marriage of Lampung customary tribe in Kampung Tiuh Balak Baradatu Way Kanan is also relevant or in accordance with the appointment of children in national law, because pengangkonan of children in Lampung customary pre-marriage has the same purpose as the purpose of adopting children in national law, namely for the best interests of the child and is carried out based on local customs