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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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Pengembalian Barang Hutangan dengan Format Gotong Royong dalam Pembangunan Rumah Ach. Fadlail; Nur Hasana
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 1 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i1.126

Abstract

Islam has taught all aspects of life, both of ritual worship and muamalah, worship which is needed to maintain the strength and harmony of human relations as servants with to Allah, while muamalah is said to be rulers of the game. It is one of the noble cultures of the Indonesian people which is always inherited and continues to be preserved from generation to generation until now, from this togetherness a tradition emerges in some societies known as "building materials". This custom has become a rooted tradition in the midst of community life including in Sumberejo Village, Banyuputih District, Situbondo Regency. Based on the results of this study, it can be seen that the practice of returning debts with the format of mutual cooperation in the construction of houses of them that are practiced in the form of debt-receivable transactions. Practices like this in fiqh are known as Qardh. The view of Islamic law on the practice of debt-debts with the format of legal cooperation because it has been based on the basis of mutual willingness and the existence of benefits that return to both parties.
Pola dan Perkembangan Perbankan Syariah di Indonesia Ahmad Khoirin Andi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 1 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i1.127

Abstract

The development of Islamic banking in Indonesia with the complexity of the problem in its journey has shown good results and as a reference for the pattern and strategy for developing financial institutions. Islamic banking with its (the) sharia principles of avoiding usury practices and prioritizing mutual benefits have proven to be a complete banking system. But besides that, additional supervision is needed to ensure the implementation of sharia principles, namely by the existence of a sharia supervisory board (DPS) to implement fatwas as guidelines for the operation of Islamic banks issued by the National Sharia Council (DSN).
Akad Qardl Hasan sebagai Solusi Ekonomi Kerakyatan Subaidi Subaidi; Ahmad Muzakki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 1 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i1.129

Abstract

Qardl hasan is the treasure given by the debt provider (muqridh) to the debt recipient (muqtaridh) then to be returned to them (muqridh) according to the amount received when he has been able to pay without obligation to pay interest or other benefits, because in qardl actually there is no clause with coercion where one side does not abuse the other. Muqtaridh is only burdened with paying off debts as big as the loan within a certain period. However, muqtaridh is recommended to return the better of debts to muqridh. Because the essence of qardl hasan is to reward Allah for Islamic interests, and of course the repayment is not same as the repayment made by humans. In this case of Islamic banking represented by Bank Muamalat Indonesia has completely arranged matters relating to qardl hasan which are generally in accordance with the rules in fiqh. If qardl hasan is implemented properly and those distributions of funds can reach all levels of middle to lower class in society, so it will be the solution for the economic progress in society.
Hak dan Kewajiban Istri yang Berkarier: Studi Komparatif antara Kitab ‘Uqudullujain dan Kitab Fikih Wanita Yusuf Qardhawi Muhammad Jufri; Rizal Jupri
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 1 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i1.130

Abstract

The rights and obligations of husband and wife according the book of ‘Uqudullujain is not some different from the books of fiqh for women. It's just that the book of ‘Uqudullujjain the description of the obligations of the wife is more, with the reason that the wife is like a prisoner for her husband. Whereas the rights and obligations of a wife who have a career according to the book ‘Uqudullujain and the book of fiqh for women are the same as the rights and obligations of the wife normally. But according to the book of ‘Uqudullujain the rights of the wife can be hindered if the wife works without the permission of the husband. Whereas according to the book of Jurisprudence Women are not hindered because the husband's permission is not required, only the work must be in accordance with the feminine nature of women and permitted by the Shari'ah.
Transformasi Fikih Munakahat tentang Hukum Menikahi Wanita Ahli Kitab ke dalam Kompilasi Hukum Islam Pasal 40 Huruf (C) Ilham Mujahid
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 1 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i1.131

Abstract

There are three elements examined in this article, namely: legal transformation, Islamic law, and compilation of Islamic law. Legal transformation is a change of law from a legal system to another legal system with characteristics that are not the same so that it changes shape, nature and substance. Islamic law question is the dimension of marriage fiqh which is transferred to the Compilation of Islamic Law, with the process of national legislation. The substance of Jurisprudence about the prohibition of marrying expert women of the Book from the books of Jurisprudence became the focus of the study, then traced how the transformation process into the Compilation of Islamic Law Article 40 letter (c).
Penerapan Manajemen Risiko Pembiayaan di BMT Maslahah, Cabang Pembantu Olean Situbondo Subaidi Subaidi; Ikmalul Ihsan
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 2 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i2.154

Abstract

BMT Maslahah Sub-Branch Olean in Situbondo still faces several problems and risks in providing financing to customers, because the customer intentionally does not return the financing he has obtained, even though he was able to repay the loan. This study focuses on how the applications of risk management in the financing, the causes and the solutions in BMT Maslahah Sub-Branch Olean of Situbondo. This study uses a qualitative approach with a case study strategy. Data collection is done by connecting questions with data obtained from conclusions from the interview of several persons in BMT Maslahah Sub-Branch Olean in Situbondo. The results of the study indicate that the risk of loss is the high number of problematic financing, starting from the difficulties and even payment defaults from customers caused by the loss of the ability of customers to pay installments and profit sharing to them. The effort carried out by them in saving the problematic financing is by rescheduling, reconditioning, and restructuring. They also cooperate with insurance companies to cover the losses.
Studi Komparatif Asuransi Shari’ah dan Konvensional Moh. Asra; Rizqiyah Rizqiyah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 2 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i2.155

Abstract

Insurance is an institution engaged in services and helping people. In Arabic, insurance is called "Al-ta’m?n", means to provide protection. According to the National Sharia Board-Indonesian Ulama Council (DSN-MUI), shari'ah insurance is an effort to protect one another and to help one another among people or groups through investments in the form of assets or tabarru’ funds (endowment), and repayment. The essential of the Islamic insurance implementation is cooperation (ta'âwun). To maintain consistency in the implementation of sharia in the financial sector and the enhancement of the nation’s prosperity, tabarru’ funds (endowment) are considered to be the same as grants (donation) so that the funds donated cannot be canceled. There are fundamental differences between conventional insurance and shari’ah insurance because shari’ah insurance uses the principle of risk-sharing so that sharia insurance companies called the operators wouldn’t call the guarantors. Customers in sharia insurance companies called participants wouldn’t call guaranteed. Besides other differences are the contract, premium elements, ownership of fund, investment of fund, payment of claims, profit sharing, there is Sharia Supervisory Board, vision and mission, accounting methods, there is no charred fund, and there is no charge (loading).
Hukum Islam, HAM dan Maqashidu Asy-Syari’ah: Upaya Menyatukan Jasad dan Ruh Nahe’i Nahe’i
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 2 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i2.156

Abstract

One debate that will not be finished is a debate about the relationship between human rights and Islam. Even though the Cairo Declaration was established which declared human rights in Islam and also declared the efforts to transform human rights into the National Law. It does not end, especially among "conservative Muslims". There are several questions regarding that debate, they are, are human rights contradict to Islam because it is the product and agenda of the West? Or is it support to Islam? Or is it precisely the substance of Islam itself? These questions have arisen along with the strengthening of populism, identity politics, and politicization of religion (ad-din al-musayyas). This paper tries to look at human rights within the framework of maqhashidus syari'ah, because the compatibility of human rights and Islam can be seen only by this approach. Maqhashidus syari’ah here is a concept that developed over time in line with changes in human civilization. This paper assumes that there are some points where human rights and Islam can be connected, but there are also some points difficult to be connected.
Pandangan Hukum Islam Terhadap Implementasi Akad Mudharabah dengan Jasa di Bank Muamalat Hali Makki
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 2 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i2.157

Abstract

According to the study of Islamic law, Bank Muamalat’s services are unlawful because those services require interest and provide an offer for profit sharing. Therefore those services are unlawful because those only make promises. According to some scholars, those like usury. Bank Muamalat should have the legal variables that are binding on the banking laws under Bank Indonesia’s regulations. Islamic law also becomes the main reference in akad mudharabah, so that akad mudharabah does not come out from fiqh scholars thought or does not come out from fiqh studies.
Tinjauan Hukum Islam tentang Upaya Wanita Karir dalam Mewujudkan Keluarga Sakinah: Studi Kasus Dosen Wanita Akademi Kebidanan Ibrahimy Sukorejo Situbondo Mawardi Mawardi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 3 No. 2 (2019)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v3i2.158

Abstract

People are the noblest creatures of Allah, who have gharizah al-fitriyyah (aptitude) and have love with others and the opposite sex in their household life. When a woman has a career, she has a double responsibility as a wife. From that phenomenon, there are several problems in this research. They are how is the understanding of the female lecturers at Akbid Ibrahimy about sakinah family? How are their efforts to create a sakinah family? And how are career women’s efforts in realizing a sakinah family from Islamic law perspective? This research uses a descriptive qualitative approach, which describes some data obtained from the field by interview, observation, and documentation. Then followed by the editing, classifying, and analyzing process. Female lecturers’ efforts in realizing a sakinah family from the Islamic law perspective is they are permissible to initiate a career according to her expertise and motivation but must prioritize the family. She must be able to provide good control and service to her husband and children so that her responsibilities in the household and in the work are equally balanced.

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