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IRTIFAQ
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irtifaqjurnal@gmail.com
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Prodi Hukum Ekonomi Syariah Fakultas Agama Islam Universitas Hasyim Asy’ari Tebuireng Jl. Irian Jaya No. 55 Tebuireng Jombang 61471
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Kab. jombang,
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INDONESIA
Jurnal Ilmu-ilmu Syari'ah
Published by Universitas Hasyim Asy'ari
ISSN : 23560983     EISSN : 28290704     DOI : https://doi.org/10.33752/irtifaq.v11i01
Core Subject : Religion, Economy,
Religion Economics, Econometrics & Finance
Focus IRTIFAQ aims to enrich readers’ understanding of Sharia Economics, the History of Sharia Economic Thought, Islamic Law, Local Wisdom from a Sharia Economic Perspective, Management, and other topics related to Sharia Economics and its current developments through scholarly article publications. Scope The IRTIFAQ Journal specializes in Sharia Economics, Sharia Economic Law, Sharia Finance, and Management. It warmly welcomes contributions from scholars in these and other related fields.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 6 Documents
 1 
Search results for , issue "Vol 3 No 2 (2016)" : 6 Documents clear
PENCATATAN PERKAWINAN DALAM PERPSPEKTIF MASLAHAH AL-GHAZALI Faruq, Ahmad
Irtifaq Vol 3 No 2 (2016)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v3i2.231

Abstract

Marriage in UU No. 1/1974 is referred to as a mental bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family. The ultimate goal of marriage is essentially happiness. Happiness means the benefit or justice for all family members that arise due to the marriage relationship. Marriage recording aims to realize marital order in society. It is an attempt to protect the dignity and sanctity of marriage, and more particularly for women (wives) in domestic life. If according to the Law of marriage must be registered and as a proof of registration it is a Marriage Certificate, then it is a form of state protection to the citizens to obtain legal certainty and rights of both parties husband and wife and child. Recording of marriage will give mashlahah impact to all parties, as the rule of fiqh which reads tasharruf al imam ala al ra'iyah manuth bi al mashlahahKeyword : perkawinan, akta nikah dan mashlahat
PERKAWINAN DI BAWAH TANGAN PERSPEKTIF UU 1/1974 DAN VICTIMOLOGI Khuluqi, Luthfah
Irtifaq Vol 3 No 2 (2016)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v3i2.232

Abstract

As a sacred bond, marriage contains the value of ritual doctrine and is related to cultural social problems. Marital status gives an explanation of the consequences of legal obligations and responsibilities for husband and wife. To demonstrate the emergence of legally-enforceable legal consequences, the state makes a rule that marriage should be recorded by the Marriage Officer through the KUA. Unregistered marriage from law is considered never present. From Victimology, the legal act of marriage will bring harmful effects and cause casualties. Husbands and wives, parents may each be victims of marriages that are not registered under applicable laws. Circumstances can not get legal protection can occur when marriage bonds remain, especially when the marriage bond breaks up.Keyword : marital status, victimology, legal protection
MAHAR MUQADDAM DALAM ALUR ISTINBAT HUKUM AL-SYAFI’I Istadha, Datul
Irtifaq Vol 3 No 2 (2016)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v3i2.233

Abstract

Before the wedding when the prospective husband applying for his wife's wife often by giving something something. The duty of the prospective husband to give something of value is in the event of aad marriage sebgai dowry. The time of granting the dowry is at the time of the marriage contract and can be agreed whether the payment is given in cash or can be postponed. If a prospective husband presents something before the marriage ceremony and is intended to be a dowry, in al-Shafi'i's line of law after the discovery of the rest of the Book, references can be found as following what the Prophet did when he married Shafiyah.Keyword : Mahar Muqaddam, Istinbat al-Syafi’i, fi’l Nabi
ANALISIS MASLAHAH TERHADAP WAKAF MUAQQAT (Studi Pasal 1 ayat 1 UU |No. 14/2004 tentang Wakaf) Makinudin, -
Irtifaq Vol 3 No 2 (2016)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v3i2.234

Abstract

Waqf is one part of alms. In Islamic community assumes that wakaf is muabbad not muaqqat. If wakif has pronounced the pledge of waqf, then the object that is represented out of his possession can not be withdrawn based on Shafi'i school so that if there is another opinion, they reject it, whereas the wakaf is a matter of ijtihad. Article 1 Paragraph 1 of UU Wakaf 41/2004 explains that wakaf is a muabbad and muaqqat, in contrast to the previous regulation, namely Government Regulation No. 28/1977 concerning Ownership of Land Owned and Compilation of Islamic Law by combining several schools of Malikiyyah, H{anafiyyah, Shafi'iyyah, and Malikiyyah by way of talfiq. The implementation of wakaf muaqqat in accordance with ulama Ma>likiyyah which states that the waqf objects can not be separated from the ownership of wakif and H}anafiyyah, who argue that wakaf is like 'a>riyah (loan), which can be withdrawn at any time. Meanwhile, from the side mas} lah} ah, the mueqqat wakaf, which is part of Article 1 paragraph 1 of UU No. 41/2004 is included in mas}lah>ah ha>jiyyah (secondary), which is refining mas}lah}ah d}a>ruriyyah (primary) related to keeping the offspring (muh}a>faz}ah 'ala> nas}l/al-nasab), so avoid the wakif family in poor condition.Keyword : Wakaf muaqqat, UU 1/2004, d}aru>riyyah, h}a>jiyyah.
PERPINDAHAN HARTA SECARA IJBARIYAH-IKHTIYARIAH DAN WASIAT WAJIBAH Masrokhin, -
Irtifaq Vol 3 No 2 (2016)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v3i2.235

Abstract

In Islam mayyit property is governed by the rules of inheritance and the rules of was}iyyah. In naz}a>riyat al-tamalluk both of the corners of the shari'a is to have property with khala>fiyah. There are two ways khala>fiyah namely ijba>riyah and ikhtiya>riyah. The legislation states that there is a term of wills must have a different meaning from the mandate of the will of the understanding of the word kutiba in al-Baqarah: 180. The adopted son, and the foster father, is mentioned by the KHI in article 209 as the object of testament obligation not as the courage to revive the custom of the inheritance of jahiliyyah which clearly has been abolished by shari'ah through the Qur'an and the Sunnah of the Prophet. However, within the KHI there is an emphasis on the transition of responsibility for maintenance and not on the transition of nasab that arises from the initial meaning of adoption or tabanni and there is pressure on the Court's decision also provides the opportunity that adopted children remain valid as the object of testament because nothing is violated from nash. Dala>lat pronunciation al-aqrabi>n gives an opportunity for it, and KHI has put it as an object of wills obliged in the provisions of one of the chapters.Keyword: wasiyyat wajibah, KHI, adopted son
URGENSI PENERAPAN SYARIAH DALAM BISNIS JASA KONSTRUKSI Firmansyah, Kholis
Irtifaq Vol 3 No 2 (2016)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v3i2.236

Abstract

In the case of national development, it is very necessary to involve construction service companies, because construction services have an important and strategic role, given the construction services produce the final product in the form of buildings or other physical forms, both in the form of infrastructure and facilities that support the growth and development of various fields. In the implementation of construction services business, the implementation of sharia is very urgent. Anything that causes the implementation of sharia becomes very urgent in the construction services business, partly due to the rise of unhealthy business culture in the business world of construction services where there is fraud, bribery and kong kalikong / agreement to do no good in the effort to get the project and the reduction of scales or dose in project implementation; as well as the efforts made by Muslim businessmen in eliminating the illicit elements in the business, namely eliminating the haram element in terms of capital by obtaining a kosher capital and non ribawi, eliminating the haram elements of how to get the project and eliminate the element of haram in the implementation of the project. So in that case the understanding of Islamic sharia and its implementation is needed in business-oriented happiness of the world and the hereafter.Keyword : Syari’ah Principle, Construction, riba

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