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Ulul Albab: Jurnal Studi Islam
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : 18584349     EISSN : 24425249     DOI : 10.18860
Core Subject : Religion, Humanities, Art,
Religion Arts Humanities
ULUL ALBAB Jurnal Studi Islam (ISSN 1858-4349 and E-ISSN 2442-5249) is the journal published biannually by Universitas Islam Negeri Maulana Malik Ibrahim Malang. The journal puts emphasis on aspects related to Islamic studies, with special reference to Islamic law, Islamic education, Islamic politics, society, Islamic philosophy, Quran and hadith, and theology. Ulul Albab has been accredited by The Ministry of Research Tecnology and Higher Education of the Republic of Indonesia (SK Dirjen Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi No. 48a/E/KPT/2017). The languages used in this journal are Indonesia, English and Arabic.
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Articles 7 Documents
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Search results for , issue "Vol 18, No 2 (2017): Islamic Law" : 7 Documents clear
STUDI FIKIH DI PERGURUAN TINGGI: Kajian Model Pembelajaran Andragogi Rosidin, Rosidin
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (587.795 KB) | DOI: 10.18860/ua.v18i2.4440

Abstract

Constraints often encountered by lecturers in educating students is still attached pedagogical mentality like students of secondary education; has not moved on andragogical mentality like a college student. These constraints can be found in the context of basic principles of andragogy. As a library research, this paper examines the data sources in the form of literature relevant to Islamic law (fiqh) studies and andragogy (adult education). The study results in six models of andragogical learning for the development of Islamic law (fiqh) courses in higher education. First, the learning model of “learn how to know” that emphasizes aspects of epistemology to increase students’ curiosity (need to know). Second, independent learning model that emphasizes student activeness in learning. Third, experiential based learning model, especially literature and field research practice, to foster inclusive thinking. Fourth, actual life-based learning model, either related to worship or muamalat. Fifth, contextual learning model to find alternative solutions to real life problems from the perspective of Islamic law (fiqh). Sixth, the learning model to develop students’ intrinsic motivation.
KONTRIBUSI IRAN TERHADAP SEJARAH PEMBAHARUAN HUKUM KELUARGA ISLAM: Potret Sistem Kewarisan Islam dan Wasiat Wajibah di Iran Fauzinudin, Muhammad
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (183.989 KB) | DOI: 10.18860/ua.v18i2.4492

Abstract

This article aims to analyze the extent to which the Iranian state, which is predominantly Shiite Muslims contribute in reforming the Islamic legal system, especially on inheritance by right and inheritance by will (wajibah). Both are interestingly studied because in the study of jurisprudence this term is a very fundamental topic (religious affairs involving others). Since this study is only a study of texts, the approach taken is to look at some of the chapter in the laws relating to inheritance prevailing in Iran and to relate them to the majority of schools there. This article concludes that in the Iranian shrimp system, a wife will get all the inheritance of her husband, not just half of heritage. She also obtained to get her husband's land that was previously banned in the old law. The cause of renewal of inheritance law in Iran state can not be separated from some aspects, covering normative and socio-political aspects as well as social reality, including the turbulence of difference of schools. All material of inheritance law and family is based on Shi'ah Itsna ‘Asyariyah (Ja‘fari) family law.
PROTECTION OF BANK DEPOSITS IN ISLAMIC JURISPRUDENCE AND ALGERIAN LEGISLATION Lakhdar, Rabhi; Abdelmadjid, Benyekken
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (659.214 KB) | DOI: 10.18860/ua.v18i2.4297

Abstract

Bank deposit of all kinds is the main money source and lifeblood of the commercial bank, so that no other party has the right to receive the money from the public. The issue of deposit protection has received considerable attention from Islamic jurisprudence, for its role in achieving economic development through spreading confidence in depositors and increasing deposits, which leads to increased investment and financing operations. The Algerian legislation also gave great attention to bank deposits, with specific and detailed provisions, both in a bank law and in commercial law. Questions have been raised about the concept of bank deposits, its legal nature, and what protection it is for. These are described in this study on the protection of bank deposits in Islamic jurisprudence and Algerian legislation, relying on a collection of references and texts of jurisprudence and legal, as well as some websites. This study covers four axes regarding the relevant concept. First, a conceptual introduction to the key terms in this study. Second, the legal nature of bank deposits. Third, types of bank deposits; fourth, protection of bank deposits.
TIPOLOGI MULTIAKAD DALAM PRODUK FATWA DEWAN SYARIAH NASIONAL-MAJELIS ULAMA INDONESIA PERSPEKTIF TEORI DAN BATASAN MULTIAKAD AL ‘IMRANI Arfan, Abbas
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.057 KB) | DOI: 10.18860/ua.v18i2.4787

Abstract

Multi-contract theory or hibryd contracts (al ‘uqud al murakkabah) is one of the new theory in contemporary Islamic jurisprudence and among academicians who did a study about the multi-contract in fiqh perspective is Abdullah bin Muhammad bin Abdullah al ‘Imrani. Some fatwa products of NSB-IUC also used this multi-contract theory. This research type is qualitative with descriptive-qualitative and descriptive-quantitative method, the retrieval data technique with a literature review to research multi-contract typology in NSB-IUC fatwas perspective al ‘Imrani multi-contract theory and its limits. The conclutions of this research are: (1) among five typology multi-contract perspectives al ‘Imrani multi-contract theory only found two kinds of multi-contract in NSB-IUC’s fatwas, which are first; mutaqabilah (totalled by 7 or 31.8%) and second; mujtami’ah (totalled bt 15 or 68.2%), while third (mutanafiyah), fourth (mukhtalifah), and fifth (mutajanisah) each of them are 0, which means no (0%) multi-contract with those three typologies; (2) as for multi-contract typology in NSB-IUC’s fatwas, it is al ‘Imrani multi-contract perspective limits which means all multi-contract does not contradict al ‘Imrani multi-contract limits, therefore it is allowed by Sharia, but there are some alternative multi-contract in fatwa products wich kind of doubtful (syubhat), moreover it could lead us to riba, like Pembiayaan Rekening Koran Syariah (PRKS) transaction especially in two multi-contract options, which are: wakalah-murabahah and wakalah-qardh.
MANAJEMEN INKLUSIF DENGAN PRINSIP MAQASHID AL SYARI‘AH DALAM PENGHITUNGAN ZAKAT DAN PAJAK Musnandar, Aries
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.802 KB) | DOI: 10.18860/ua.v18i2.4412

Abstract

This article describes the condition of applying zakah and tax calculation management in Indonesia. The enactment of tax regulation is to get the government to obtain the maximum national income to be utilized for social welfare.In fact, zakah as a potential economic instrument inincreasing the national income, has been paid less attention by the government rather than the issue of tax payment. Although the government has issued regulations on the integration of zakah and tax calculations, some weaknesses found especially related to the implementation of the zakah and tax calculation. This paper concludes that the governement is expected to implement and inclusive management based on principle of maqashid al syari‘ah in determining the amount of zakah and tax for better collection and distribution of zakah and tax. The principle of maqashid al syari‘ah means that Islamic law has a purpose to prosper the people. Similarly, zakat together with taxes essentially aims at alleviating poverty and improving the welfare of Muslims.
WAKTU PUASA ARAFAH PERSPEKTIF MUHAMMAD BIN SHALIH AL ‘UTSAYMIN: Telaah Kajian Hukum Islam dan Astronomi Islam Afwadzi, Benny; Alifah, Nur
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (245.675 KB) | DOI: 10.18860/ua.v18i2.4449

Abstract

All this time there was a different opinion about the time for Arafah fasting. Whether to comply with the provisions of Saudi Arabia or adjust the territory of each person. In Saudi Arabia, there appears a mufti named Muhammad bin Shalih al ‘Utsaymin who holds that fasting of Arafah must follow the country where a person lives. This opinion is interesting because it is different from other Salafis, such as ‘Abd al ‘Aziz bin Baz, Abdul Hakim bin Amir Abdat and HTI. Using the analytical tools of Islamic law and Islamic astronomy, the authors conclude that the fatwa issued by al ‘Utsaymin is considered quite representative, because considering the locality of a country, realizing the time of worship should adjust the kamariyah time of the country, and also in accordance with the mathla‘ in the form of mathla‘ wilayah al hukmi. Opinions as expressed by al ‘Utsaymin is conformable with the implementation of the time of the fasting of Arafat by the majority of Muslims in Indonesia.
ANALISIS WACANA KRITIS TERHADAP FATWA BAHTSUL MASA’IL TENTANG PEREMPUAN Musarrofa, Ita
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.256 KB) | DOI: 10.18860/ua.v18i2.4523

Abstract

This article examines the fatwa of Bahtsul Masa’il on women using Critical Discourse Analysis. Two matters of research problem is how Bahtsul Masa’il fatwa on women and how the Critical Discourse Analysis of the fatwa Bahtsul Masa’il about women. There are twelve fatwa on women decided by Bahtsul Masa’il forum, seven of which talk about the role of women in the public world. They were analyzed using Critical Discourse Analysis framework involving three levels of analysis, namely text, social cognition and context. Texts of Bahtsul Masa’il decision on women represent women as being vulnerable to libel and can bring slander. Women are also represented as weak creatures who need supervision and protection of men. Fatwa text that is bias arises from the procedure of making fatwa which highly favor the yellow book. While the yellow book itself tends to put women in the private sphere and look down on women. In addition, the frame of the community producing Bahtsul Masa’il fatwa (religious leader and religius students) are also the result of the internalization of norms and values of yellow book as the idol at the pesantren. In context level, the fatwa which tends to give a negative identity toward women is born out of the context of the patriarchal society.

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