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IRTIFAQ
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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,
Jawa timur
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 109 Documents
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PERANGKAT-PERANGKAT KONSTRUKSI HUKUM ISLAM Chamim, M.
Irtifaq Vol 2 No 1 (2015)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v2i1.86

Abstract

A construction of thought certainly has a number of important devices that became a cornerstone of thought itself, no exception in Islamic legal thought. Devices construction of Islamic law is the first and foremost element of Islamic law before being applied to the mah}kum fi>h. There are three devices that became a cornerstone of the construction of Islamic Law, namely: (1) h}ukm/hukum, (2) h}a>kim, (3) mah}kum ‘alayh.. Despite talk of Islamic Law, however, is ultimately up to the implementation to mah}kum fi>h. But on the other hand, the application was actually determined by the readiness of the devices construction. This paper focuses on the discussion of the three sets of construction of Islamic Law and the implications arising from differences related to the understanding of three construction device of Islamic Law itself. Keywords : hukum, h}a>kim, mah}kum ’alayh
PERSPEKTIF AL-QUR’AN TENTANG MAHAR PERNIKAHAN DALAM MASYARAKAT TERBUKA Masrokhin *, - -
Irtifaq Vol 2 No 1 (2015)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v2i1.87

Abstract

This article discusses the variant of dowry in religious texts (Qur'an and Hadith). This research bibliographycal concluded that first the Qur'an never express with word mahar to the dowry, which connotes a transactional-materialistic, but rather use the word s}aduqat that leads to the philosophical significance of universality and restore meaning to the meaning that must be given a dowry by the male thus shifting the materialistic perception symbol of love. Second , an order to giving dowry is not a absolute command but the command is relative and tentative in the socio-cultural context that is constantly changing. So, looking at the concept of dowry from the perspective of the Qur'an affirms that the concept of al-Qur'an is true in any society. Keyword : bride-price, al-Qur’an perspectif, s}aduqat.
KEHARUSAN PELAKU USAHA MEMBERIKAN INFORMASI YANG BENAR DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN Azizah, Ninik
Irtifaq Vol 2 No 1 (2015)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v2i1.88

Abstract

The law is needed to regulate social life in all its aspects, including economic activity. There are a synergy of law and economics. Consumer awareness causes most businesses take advantage of the weaknesses of the consumer. Consumers suffered losses doubled, without realizing that they have been cheated. Therefore, this paper attempts to map the legal provisions adopted in Indonesia, namely the Consumer Protection Act (BFL) obligations related businesses in providing product information distribution. The mapping results further compared with the provisions of Islamic Law to note the similarities and differences. Keywords : Business communities, Edar Product Information
ANALISIS MASLAHAH TERHADAP FATWA MUI SUMENEP TENTANG PROFESI MENGEMIS Fitria, Norma
Irtifaq Vol 2 No 1 (2015)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v2i1.89

Abstract

Profession of beggars causes mental damage to the moral order and the whole of society, ranging from adults to small children. Majelis Ulama Indonesia (MUI) has issued a fatwa about the prohibition of beggars. The concept of ‚Mas}lah{ah‛ to the Fatwa of MUI Sumenep on the prohibition of the profession of beggars aims to find out how MUI formulated methodological ushul rules of fiqh of language by testing against is adillah al-ahka>m used by MUI and how the fatwa correlation with maqa>s}id al-shari>'ah approach of rules of Ushul Fiqh. From the analysis, it can be understood that all the arguments of law used in the fatwa of MUI, beggar profession can be argued as to establish a law with permanent legal of force and binding. Besides, the fatwa is also very relevant to maqa>s}id al-shari>'ah in which aims to bring serious benefits and avoid mafsadat in human life. Keywords: Mas}}lah}ah, Fatwa MUI, Beggars
TRANSAKSI DERIVATIF DALAM PERSPEKTIF EKONOMI SYARIAH Dimyati, - -
Irtifaq Vol 2 No 1 (2015)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v2i1.90

Abstract

A product of Islamic financial that are still debating is the products derived from derivative transactions. It is carried out to support business investment. In Islam, money does not as a medium of exchange (medium of exchange) and is not a traded commodity. So it actually does not recognize the term sharia money trading. On the other hand, Islam allows the buying and selling of commodities either in cash or tough. In this case the company shares or bonds can be categorized as a commodity because it can not be considered as appropriate the money that serves as a medium of exchange for all goods. Keywords: Derivative Transactions, Salam, Istishna', Arbūn, Khiyar Shart
SEJARAH LEMBAGA KEUANGAN DALAM ISLAM Syai’in, - -
Irtifaq Vol 2 No 1 (2015)
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v2i1.91

Abstract

In the times of financial institutions in general, it has developed so rapidly. Similarly, the financial institution in Islam, something revolutionary that is carried the Prophet Muhammad is the establishment of a depository institution called Bayt al-Mal, whose function is to receive the income and expenditure transparent. Umar was also known for fairness and thoroughness that supervision be authoritative institution under his rule. He dropped himself whether market mechanism works properly, rebuked those who seek profits in a way that is not true and congratulated the honest merchant. Only one caliph in this dynasty were admired for justice and piety, namely Umar bin Abdul Aziz, also known as Umar II. In the short reign, about 2.5 years, he was able to distribute income countries such that it can be welfare of its people. It is said that because sejahteranya people at that time so hard to find people who receive zakat. Keywords: Financial Institutions, Bayt al-Ma>l
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.

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