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Moh. Zamili
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Istidlal: Jurnal Ekonomi dan Hukum Islam
Published by Universitas Ibrahimy
ISSN : 2548754X     EISSN : 25487957     DOI : https://doi.org/10.35316/istidlal
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
AIM Istidlal: Jurnal Ekonomi dan Hukum Islam is a peer-reviewed journal providing for educators, lawyer, scholars, and policy makers to address the current topics in the field of ecomonic and Islamic law from many perspective. Istidlal publishes original academic articles that deal with issues of relevance in theory of economy, Islamic law, methodology of Islamic law, budgeting in Islamic society, and practice in Sharia economy. Articles should focus on studies and systematic analysis that employ qualitative, quantitative, plural (mixed-methods), research and development (RnD). SCOPE The scop of Istidlal is wide range of disciplines that provide relevant research for current issues in ecomonic and Islamic law: Islamic business, accounting, banking management, and more. Istidlal welcomes papers in Indonesia, English, and Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 105 Documents
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Perspektif Hukum Islam terhadap Jual Beli Hak Arisan di Desa Kropoh Sumenep Hali Makki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.95

Abstract

Historically buying and selling is an existing custom of both Muslim and non-Muslim, of course, buying and selling has a very binding regulations that can be used as the foundation for people who will buy a contract. seller and buyer need to submit on requisites and principles of buying and selling, while the law will provide protection that covers requisites and principles of buying and selling. The practice of buying and selling the claim of social gathering (arisan) in the Kropoh village invalid because it has fulfilled the regulations of buying and selling.
Kafaah dalam Pernikahan Endogami Pada Komunitas Arab di Kraksaan Probolinggo Ahmad Muzakki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.96

Abstract

In Tradition of Habaib obligation similarity nasab in forbidden marriage between syarifah women and non Sayyid men because there is not kufu` between they and not continue of nasab by Rasulullah.The purpose of this study was to determine the views tradition of marriage Syarifah in Arabic village Kraksaan Probolinggo and to determine factor of forbidden marriage between syarifah women and non Sayyid men perspective Islamic law. Based on the results of research the traditional views of marriage Syarifah in Arabic village Kraksaan Probolinggo same of tradition other habaib that is forbidden marriage between syarifah women and non Sayyid men because there is not kufu` between they. And other factor cause obligation similarity nasab in marriage Syarifah in Arabic village Kraksaan Probolinggo is factor of ancestry, social and religion followed. In this problem there is difference between ulama of four madzhab about similarity nasab in marriage Syarifah. According to Malikiyah kafaah just in religion, while three madzhab kafaah nasab is important component in marriage, then Syafi`iyyah and Hanabilah obligation of marriage between Syarifah women and non Sayyid men for keep noble and continue of nasab.
Metode Istinbat Imam Malik Husnul Khatimah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.97

Abstract

The proverb that probably almost every Indonesian knows it, “unknown unloved.” That is proverb perhaps described what will be explained in this simple article. This article seeks to know one of the great teachers whom had been meritorious in the development of Islam. He is Imam Malik bin Anas, the Islamic scholar of hadith and fiqh specialist. He is the central figure of the Maliki Madh-hab, one of the Islamic major streams in the world. This article will be explained about Imam Malik argument which has relation with intinbath method for getting Islamic law, as we have known he is one of the mujtahid mutlaq. Istinbat method was done by Imam Malik with reviewed Al-Qur’an, Al Sunnah, Ijma’ Ahl al-Madinah, Fatwa Sahabat, Khabar Ahad dan Qiyas, Al-Istihsan, Al-Maslahah al- Mursalah, Sadd al-Zhari'ah, Istishab, Syar'u Man Qoblana. Books that wich used for references in Maliki Madh-hab such as Al-Mudawwanah Al-Kubra, Bidayatul Mujtahid wa Nihayatul Muqtashid (by Ibnu Rusyd), Matan Ar-Risalah fi Al-Fiqh Al-Maliki (by Abu Muhammad Abdillah bin Zaid), Ashl Al-Madarik Syarh Irsyad Al-Masalik fi Fiqh Al-Imam Malik (by Syaikh Shihabuddin Al-Baghdadi), dan Bulghah As-Salik li Aqrab Al-Masalik (by Syaikh Ahmad As-Shawi).
Legislasi Hukum (Parliament Made Law) dengan Pendekatan Fiqh Nawawi Nawawi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.98

Abstract

Law made by parliament is not value-free or neutral, because of political configuration in that process. Dominant party that has the power of authority becomes the winner in trade-offs of various concerns. At the result of that product made by parliament does not reflect the real case and the public concerns. If the political configuration tends to be authoritarian, it will generate a conservative law and orthodox law, but if the political configuration tends to be democratic, it will generate a responsive law and autonomous law. In order to accommodate all the public behavior and fair society, it should meet at least three criteria. First, limitative in very detailed which there is no interpretation in authorities profitable. Second, participatory in the process of establishment contains the aspirations and interests of the grass root. Third, aspirational-democratic in the legal materials accomodate the aspirations of the people in order to apply democracy. The function of the law as a political tool can be understood that the system of law in Indonesia, acts is a product of the Indonesian Legislative Assembly and Indonesian government so that very difficult to separate between law and politics. It is directly related to the state.
Pengukuran Kinerja Badan Usaha Koperasi dengan Balanced Scorecard Achmad Achmad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.99

Abstract

Performance measurement is an important factor for the company. It can be used to assess the success and detect of debility in the company. It was focussed to financial affairs, which describe to the company condition in short-term, The success in the financial perspective cannot be separated from the other non-financial perspective. Balanced scorecard was counteracted the model of performance measurement are not based on financial affairs, but increased by customer’s perspective, internal business process perspective, and learning and growth perspective are the real of instigator to the successful financial performance. Balanced scorecard gived the balanced of standart among finacial aspect and non-financial, among short-term and long-term and was involved internal factor or eksternal of the company. Cooperation as implement national economic development, demanded to be able to develop themselves in an increasingly competitive business competition. Side by side with other sectors for progress Indonesian economy. Because of it, the cooperation need apllied all and good methode of performance measurement for estimating the company’s condition, concurrently for facility the development of business strategy. With Balanced scorecard, as continuousness cooperation can be determine program effectiveness and report performance improvement plan.
Hak-hak Anak Zina Perspektif Fiqh Empat Madzhab Muhammad Ihwan
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.100

Abstract

Islam was very attentive to the child rights, regardless of who their parents. A child has the lineage right, to get their inheritance right, to get living right, to get equal treatment right, etc. However, this has not been fully achieved. One of them happens to children born out of wedlock, or better known as the bastard. They were treated unilaterally from the society, society looks bastard is a disgrace. As if that bastard follow their parent’s behavioral depravity. This study contains the views of the jurists of four mazhab associated with bastard. There are three issues discussed in this article involve problem of bastard be the imam of shalat, mu'adzin, and witness. This study aimed to find out the views of the jurists about bastard. The method used in this research is qualitative method, which describe the views of the jurists of four mazhab thought about natural child. Of the three problems associated with natural child, jurists of four mazhab have different opinions.
Prosedur Pencatatan Perkawinan dan Perceraian di Negara Indonesia dan Malaysia Perspektif Hukum Islam Fahmi Basyar
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.101

Abstract

One phenomenon that emerged in the Islamic world in the 20th century is the family law renewal efforts undertaken by countries with Muslim majority. This was done in response to the dynamic development of society life. There are at least three points that is the objective of family law renewal in the Islamic world, as a law unification effort, raising the status of female, and responding to developments and demands to provide solutions to existing problems. A review of Act Number 1 in 1974 "named this law as a form of unification that is unique with respect fully the variation based on religion and belief to God, besides that unification aims to complement what is not regulated by religion, because in that matter, the state has the right to set it in accordance with the developments and the demands. From the aspect of the history of the Islamic family law renewal in South East Asia spearheaded by Malaysia. It is the first country that has been undertaking the renewal effort, with the birth of Mohammad Marriage Ordinance Number 5 in 1880 in the countries of the straits.
Bisnis Multi Level Marketing dalam Tinjauan Fatwa DSN MUI No: 75/DSN-MUI/VII/2009 (Studi Kasus Pada Member MLM 4Jovem di Situbondo) Lailatur Rahmah; Wawan Juandi; Muhammad Shaleh
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i2.102

Abstract

One of form economic that develop in this modern era is MLM (Multi Level Marketing) business. One of MLM business that can interest Situbondo society is 4Jovem MLM. This business promise exciting rewads like money, HP, car, umroh, and others. Requirements about Islamic MLM contained in DSN MUI No. 75/DSN-MUI/VII/2009 as one of reference in determining the halal haram of MLM. This research have purpose to present practice 4Jovem MLM business completely and it’s analysis based on Fatwa MUI until the society can take a stand about this 4Jovem MLM. Based on analysis presented, it be concluded that the implementation of the 4Jovem MLM business in Situbondo especially, most of them is have been fulfilled provisions and applied the contract in Fatwa MUI about Syari’ah Direct Sales. However, in the fied practice, there are some 4Jovem practice that have not been fulfilled provisions of Fatwa MUI, that is advanced prerequirement in the Agya reward. For reach that agya car, must recruit of 700 point or members at right and 800 point or members at left. Not only this is gharar in marketing plan, but also 4Jovem practice is ighra’.
Tinjauan Istihsan terhadap Bai’ Al-Wafa’ dan Implikasi Konsistensi Bermadzhab di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso Ubaidillah Ubaidillah; Nawawi Nawawi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i2.103

Abstract

The birth of the first Syaria Bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging syaria-based financial institutions other, cultivated syaria cooperative in the form of BMT. While the legal basis bai 'al-wafa' according Hanafi’s madhhab is istihsan. Istihsan is the turning of a mujtahid from qiyas street jaly (real) to qiyas the khafi (vague) or the turning of a mujtahid from law kulli (general) to the law istitsna`i. The result of the research shows the bai 'al-wafa agreement in BMT Sidogiri Bondowoso Branch is in accordance with the existing syariat in syaria economic theory. because it has fulfilled the terms and conditions, there are many differences among the ulama. But it can be underlined that this contract is based on the concept of mature istihsan, so it can be applied in Islamic finance institutions and the implications of consistent following this madhab is very good because it does not come out of the line Ahlussunnah Wal jama'ah which became a pillar firm for the Islamic religion.
Akad Pembiayaan Ijarah Muntahiya bit-Tamlik (Leasing) di BMT Sidogiri Cabang Situbondo: Perspektif Maqashid Syari’ah Umi Khoiriyah; Khairul Umam Al-Basit
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i2.104

Abstract

This research is under several reasons: First, the contradiction between as-sunnah and IMBT implementation cause differences opinion among of ulama. Second, the recommendation from the director of BMT to resolve this problem and how IMBT can interested more customers the next time. The focus of this research is: 1). How is the implementation of leasing in Sidogiri BMT?, 2). How is the implementation of leasing in Sidogiri BMT according on Maqashid Mu’amalah perspective? The theory of maqashid in this research is belongs to “Maqashid Mu’amalah wa Marashidul Waqi’at” by Abdullah Ibn Bayyah. The reason this theory is more relevant to the content and data of this research. The conclusion is In leasing procedural, BMT supply a thing, that thing is rent to the members, BMT promise that it will sell that thing in the last time of rental tempo. The Tamlik transaction is implemented in the last tempo of rental tempo.

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