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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 231 Documents
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PERKARA PERPINDAHAN WALI DARI WALI NASAB KEPADA WALI HAKIM KARENA WALI ADHOL (Studi Penetapan Perkara Nomor : 0097/ Pdt.P/ 2010/ PA. Kab. Kdr): (Studi Penetapan Perkara Nomor : 0097/ Pdt.P/ 2010/ PA. Kab. Kdr) Ahmad Khotim
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.v11i1.367

Abstract

Background. A woman who wants to marry a man must go through her parents (guardians) and with the consent of both, so that her household is in harmony with her parents' household. Don't let the newly built household have a bad impact on the parents, because the daughter marries a man her parents don't approve of. Therefore, it is appropriate to hand over the marriage to the guardian without forgetting the daughter's consent. Aim. This research was written to answer the questions outlined in two problem formulations, namely: (1)What is the reason for submitting a request for appointment as Wali Adhol to the Kediri Regency Religious Court (2) What is the judge's legal consideration regarding the granting or rejection of the application for appointment of adhol guardian Number: 0097/pdt.p/2010/PA.Kab.Kediri 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 experts related to the issues the author discusses. Results. The reason the applicant's parents refused to become guardians was because they were following the wishes of their parents (the applicant's grandfather) that their child not marry someone from the same village. The judge's considerations in granting the application for the appointment of adhol guardians were because the parents' reasons for refusing to become guardians could not be justified either according to religion or law.
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.
Prinsip Keadilan Dalam Poligami: (Studi kasus KH. Ahmad Masruh IM, M.H Dan KH. Muhammad Farid Zaini Lc.) Yayat Dimyati; Ferlina Revian Astuti
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.v11i1.369

Abstract

Abstract: The factors studied in this study relate to the principle of fairness in polygamy: multisite kh studies. Ahmad Masruh IM and KH. Muhammad Farid Zaini. The purpose of this research is to know the practice of polygamy as well as the principle of justice according to kh thinking. Ahmad Masruh IM and KH. Muhammad Farid Zaini on justice in polygamy.This research uses qualitative method with qualitative field research method and this research uses descriptive qualitative approach related to events and events that occur at this time. The result of this study is about the principle of justice in the practice of polygamy where the principle of justice is only given to the husband, if the husband is able to provide for a living, a place to live, and a turnaround time, then the husband is said to be able to do justice.Polygamy is an inevitability that exists in Islam. The basic principle of polygamy is an element of justice. One factor shows fairness in clothing, food, boards and mu'amalah between his wife. As for justice that is love and compassion will not be able to be fair. So that a husband keeps himself, do not overdo it with one of his wives. It can be seen in the historical fact that the prophet, companions, tabi'in and many Muslims who do polygamy is a man who has goodness above good, this is special personally and in general for the wider community. As for those who argue that polygamy is forbidden because it considers the impossibility of justice in polygamy. Justice in polygamy in Islam is limited in three ways, the first is the amount, the second is the living and the third is justice between wives. In principle, the two verses above state that the principle of marriage is polygamy and an exception to monogamy. But by the rule that al-ahlu da'iman yuqoddamu al-istitsna'. It means adalag istisna' always preceded by principle, because knowledge is strengthening.
STATUS DAN KEDUDUKAN SAKSI PEREMPUAN DALAM HUKUM ISLAM DAN KUHPerdata Fanani, Zainal; Ansori, Ahmad Insya’
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.v12i1.373

Abstract

Background. The issue of gender equality that arises essentially lies in human rights (al-kulliyyât al-Khaimah), by placing more equality before the law as the core of equality of opportunity, spreading in the aspect of women's testimony before the law. For this reason, it is important to underline that the main problem of testimony is inseparable from gender. Aim. This research focuses on women's testimony to Islamic law and the Civil Code. Methods. Using comparative techniques with descriptive analysis, the following research results were obtained: the status and position of women as witnesses in religious courts from the point of view of Islamic law, the status of the testimony of one man is the same as that of two women. Results. The point of the difference is not to doubt the ability of women, it's just because in the business world that is done during the day until night men should do the signing and testimony of all kinds of business. Suppose there is a woman who is a witness. In that case, she must have an additional woman who serves to strengthen the testimony they do, because it could be that at any time one of the two is unable to attend to give testimony or has forgotten the object he witnessed in the past. The equal value of male and female testimony in the Law of Civil Procedure in Religious Courts is because the witness is positioned as one of the evidence, the task of witnesses in civil procedural law is to prove the existence or absence of something legal action. In short, if the witness is positioned as a pillar, it must follow as specified in the Qur'an.
Keberpihakan Hukum Perkawinan di Indonesia Terhadap Hak Perempuan dalam Memilih atau Menolak Perkawinan Mutrofin, Akmam; Syarifah, Faradhina Millatul Maula
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.v12i1.379

Abstract

Background. ​Indonesian laws and regulations provide protection for women's rights in determining their life partner. However, there are still some parents who still use their ijbar rights to marry off their daughters. Meanwhile, the custom and etiquette of a girl is to obey her parents' orders and she is not allowed to argue in the slightest against her parents' orders, because if a girl refuses, her parents and even the community will label her as a child of disobedience. In fact, after marriage, a woman is no longer the responsibility of the woman's parents, but her husband. However, when a divorce occurs, it is clear that parents will not want to be blamed for the forced marriage they have imposed on their daughter. Aim. This research was conducted with the aim of answering the following questions: (1) Women's Rights in Choosing or Rejecting Marriage, (2) Legal Principles of Partiality KHI Articles 16, 17 and Marriage Law No. 1 of 1974 article 6 Concerning Women's Rights. Method. This research is a type of qualitative research in the form of a research library with a normative approach and library documents as data collection techniques. The data sources were obtained from laws and books and then analyzed using content analysis with an inductive-deductive mindset. Results. The results of this research show that under marriage law in Indonesia a girl has the right to choose her own partner and can also annul a marriage even if her guardian uses his right of consent to marry off an older child. This does not mean eliminating the power of the mujbir guardian because the terms of a marriage still require the presence of a guardian for the bride. This can be shown during the khitbah process, or during the rafa' process in front of the head of the KUA, a bride and groom will need his consent to get married. However, when one of the bride and groom refuses the marriage, the state cannot marry the bride and groom. This is stated in KHI articles 16, 17 and Marriage Law no. 1 of 1974 article 6. The specific principles of marriage (lex specialis) used are the principle of consent, the principle of consent of both parties, the principle of freedom of choice, the principle of eternity in order to achieve a happy marriage.
Opinion of Public in Da’wah of K.H. Zainuddin, MZ Adrianto; Sitorus, Chalid
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.v12i1.380

Abstract

Latar belakang. KH. Zainuddin, MZ adalah seorang Mubaligh era tahun 1980an dan 1990an, dikenal sebagai da’i sejuta ummat yang kesohor karena ceramah-ceramah/pidato-pidato da’wah Islam yang tegas dan tajam di radio dan televisi maupun di berbagai acara langsung. Tujuan. Studi mengkaji opini masyarakat tentang ciri dan metode da’wah KH. Zainuddin MZ Metode. Studi kepustakaan ini menggambarkan opini masyarakat terhadap da’wah KH. Zainuddin MZ. Data dikumpulkan dari berbagai sumber utama yang berupa buku dan opini-opini. Data-data dianalisis secara deskriptif-kualitatif dalam bentuk hubungan sebab akibat, hubungan asosiatif, dan perbandingan. Hasil. Opini masyarakat menyatakan, karakteristik Ustad Zainuddin MZ adalah pendalaman agama dan analisis yang tajam, komunikatif dengan para pendengar tausiyah, ceramah dengan bumbu humor khas anak Betawi, mengembangkan khazanah tema ceramah yang luas, spontan dalam humor yang penuh makna¸ dan menyampaikan kritik yang seringkali tajam.
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.
A Status Hukum Wali yang Dianggap Mafqud Bagi Anak yang Orang Tuanya Bercerai: (Studi kasus di Kantor Urusan Agama Kecamatan Gudo) Zahro, Ahmad; Khotim, Ahmad; Abdur Rohman, Ahmad Aminuddin
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.v12i1.404

Abstract

Background. Requests for a guardian judge due to the guardian's nasab mafqud often occur with children whose parents are divorced, often found when a divorce occurs, one of the parents does not get custody of their child, does not care about their obligations to their child, as if they have disappeared without giving any news, especially visiting. to provide a living, and his whereabouts are unknown after the separation of the child's parents' relationship. Which ultimately makes it difficult for the child to carry out the marriage because the guardian is hampered by mafqud. Aim. This research aims to understand the implementation process of determining guardian judges as a result of mafqud in the Gudo Religious Affairs Office and how the proof of guardian mafqud carried out by the Gudo District KUA is viewed from an Islamic legal perspective and a positive legal perspective. Methods. This type of research is field research which is descriptive in nature using a phenomenological approach. Primary data sources were obtained through interviews and documentation from Gudo District KUA officials and supported by secondary data in the form of written literature or scientific works. Results. The results of this research explain that in determining the guardian of the judge because the guardian of the nasab is mafqud, the KUA officials refer to the procedures contained in Minister of Religion Regulation Number 20 of 2019. However, in proving the guardian of mafqud only with the testimony of the village head and there is no need for a judge's decision, in this case there is a lack of synchronization with the laws and regulations. -Existing invitations in Indonesia need to be improved.
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.

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