cover
Contact Name
IRTIFAQ
Contact Email
irtifaqjurnal@gmail.com
Phone
+62816-563-497
Journal Mail Official
Irtifaqjurnal@gmail.com
Editorial Address
Prodi Hukum Ekonomi Syariah Fakultas Agama Islam Universitas Hasyim Asy’ari Tebuireng Jl. Irian Jaya No. 55 Tebuireng Jombang 61471
Location
Kab. jombang,
Jawa timur
INDONESIA
Jurnal Ilmu-ilmu Syari'ah
ISSN : 23560983     EISSN : 28290704     DOI : https://doi.org/10.33752/irtifaq.v11i01
Core Subject : Religion, Economy,
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.
Articles 109 Documents
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
PERJANJIAN PERKAWINAN DALAM PERPEKTIF HUKUM PERDATA DAN HUKUM ISLAM Faruq, Ahmad
Irtifaq Vol 5 No 2 (2018): Irtifaq Vol.5 No.2 Tahun 2018
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v5i2.394

Abstract

Abstract: This article is aimed at discussing the marriage agreements in the perspective of civil law and Islamic law. The fact that there are many divorce rates in Tndonesia result the phenomenon of premarital agreements developing in line with the increasing number of people realizing that marriage is also a financial commitment like the importance of the purpose of marriage itself. As a marriage agreement if it has been agreed upon by the bride and groom, then each is obliged to fulfill it, as long as there is no force the agreement. The content of the agreement must also be not conflict with the Qur'an.. The agreement must not aim at justifying the forbidden or prohibiting the lawful. The marriage agreement does not lie in the essence of the material, but in the commitment that the husband and wife must respect each other, guard and remind him the obligations of the husband and wife so that pre marriage agreements are one of the important things in marriage, both at the time of making the agreement and at the time of application. In daily life.
TINJAUAN HUKUM ISLAM TERHADAP ISTRI YANG MENOLAK MEMENUHI KEBUTUHAN BIOLOGIS KEPADA SUAMI DENGAN ALASAN TIDAK TERPENUHINYA NAFKAH Afit, Abdullah; Mukhosis
Irtifaq Vol 5 No 2 (2018): Irtifaq Vol.5 No.2 Tahun 2018
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v5i2.395

Abstract

PENETAPAN HARGA DALAM JASA ANGKUTAN MENURUT PERSPEKTIF ETIKA BISNIS SYARI'AH (STUDI KASUS PADA PAGUYUPAN PENGEMUDI ANGKUTAN UMUM TERMINAL KEPUHSARI JOMBANG) Azizah
Irtifaq Vol 5 No 2 (2018): Irtifaq Vol.5 No.2 Tahun 2018
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v5i2.397

Abstract

PENOLAKAN ISTRI DALAM RUJUK PERSPEKTIF ISTIHSAN M. Chamim; Aziz, Abdul; Septya, Renylda
Irtifaq Vol 5 No 2 (2018): Irtifaq Vol.5 No.2 Tahun 2018
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v5i2.398

Abstract

EFEKTIVITAS PENYELESAIAN PEMBIAYAAN BERMASALAH MENGGUNAKAN TEKNIK RESCHEDULING DAN RECONDITIONING DI BMT MUAMALAH SYARI'AH TEBUIRENG JOMBANG Bahruddin; Afkari, Fahmi
Irtifaq Vol 5 No 2 (2018): Irtifaq Vol.5 No.2 Tahun 2018
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v5i2.399

Abstract

KONSEP PERLINDUNGAN HAK KONSUMEN PADA PASAL 4 HURUF B UU NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DITINJAU DARI HUKUM ISLAM Azizah, Ninik
Irtifaq Vol 6 No 01 (2019): Irtifaq Vol.6 No.01 Tahun 2019
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i01.427

Abstract

This article intends to find out the concept of consumer protection inLaw No.8 of 1999 article 4 letter b concerning the right to choose goods and/orservices in accordance with the exchange rate, conditions, and guaranteespromised. Furthermore, the concept of consumer rights is reviewed through theperspective of Islamic law. According to the law, in consuming a product,consumers have the rights to make their choice. They may not get pressure fromoutsiders so that he is no longer free to buy or not to buy. If consumers are notcareful in choosing the desired product or service, then it will be the object ofbusiness activity that reap large profits and adverse sales methods, so thatconsumers become the object of exploitation by irresponsible business actors. Inaddition, consumers also need to get quality goods that are in accordance with theprices set and agreed upon. In market freedom, businesses can dictate the marketby increasing prices and consumers becoming victims of the lack of choice. Keywords: Consumer Rights, Consumer Protection, Islamic Law
BATALNYA PERKAWINAN KARENA MURTAD DI TINJAU DARI HUKUM ISLAM Chamim, M; Rohim, Mif
Irtifaq Vol 6 No 01 (2019): Irtifaq Vol.6 No.01 Tahun 2019
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i01.428

Abstract

This article aims to examine the views of Islamic scholars related to thecancellation of marriage (fasakh) because of apostasy and the legal consequencescaused. Cancelation of Marriage (fasakh) happens later, there is a reason thatprevents the perpetuation of marriage or is a consequence of knowing somethingthat accompanies the contract, which makes the contract invalid. At the sametime, the cancellation of the marriage itself has the legal consequence of it. One ofthe consequences is related to the legal consequences of the child and the jointproperty of the marriage, one of which is apostasy. The legal consequences thatoccur due to the conversion of religion (apostasy) to one Muslim couple have twomajor effects on the child and on the common property. While the status of thechild the author concludes that the child who is one of his parents is an apostate,the child is rested on his mother. As for assets, they acquired prior to apostasy and it can be divided equally between two sides, but if the assets obtained afterapostasy, then there is no right for anyone to share. Keywords: Islamic law, cancellation of marriage, apostasy
KEABSAHAN JUAL BELI OLEH ANAK DIBAWAH UMUR MENURUT MADZHAB HANAFI DAN SYAFI’I Aziz, Abd; Bahruddin
Irtifaq Vol 6 No 01 (2019): Irtifaq Vol.6 No.01 Tahun 2019
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i01.429

Abstract

This article discusses the validity of buying and selling byunderage children according to Hanafi and Syafi'i. It is known that thepractice of it in Islam must meet the conditions that have beendetermined, one of which is adult in thinking, with his own will, notselfish, and adult in view (baligh). However, in practice there are manytraders who sell food or snacks to children who have not entered the ageof baligh (underage). Buying and selling by children who are underage inIslamic law has been a difference of clerics' opinions, namely the Hanaficonsiders that little children have not received a legal burden, whereasthe Syafi'i considers it illegitimate because underage children areineligible. Keywords: Validity, Buying and Selling, Underage Children

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