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All Journal FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Yurisprudentia: Jurnal Hukum Ekonomi Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Kholidah Kholidah
UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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JUAL BELI UANG (FOREIGN EXCHANGE TRANSACTION) DITINJAU DARI PERSPEKTIF HUKUM EKONOMI ISLAM Kholidah .
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i1.5678

Abstract

Foreign exchange trading transactions are getting more and more in demand, Muslim investors/traders are no exception. Even recently, forex trading has been used as a speculation tool for traders to make a profit. Therefore, forex trading has become an important issue and has been in the spotlight of Muslim scholars and economists. In the study of fiqh, foreign exchange trading is known as al-sharf, namely buying and selling naqdain, gold for gold, silver for silver, or one of the two. This transaction is basically justified in Islam as long as it does not contain elements of usury. But unfortunately, the practice of foreign exchange trading is full of elements of usury, speculation, and gambling. According to the scholars, of these four forms of activity, only spot transactions are permitted, while forward, swap and option forms are prohibited.
QATHI’ DAN ZHANNI MENURUT MASDAR FARID MAS’UDI KHOLIDAH KHOLIDAH
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 2, No 1 (2016): 11 Articles, Pages 1-172
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (646.544 KB) | DOI: 10.24952/fitrah.v2i1.453

Abstract

Masdar Farid Mas'udi is one of the thought-leaders of Islamic law in Indonesia is a liberal. This is evident from his thoughts on the concept qath'i and zhanni reconstruction as a basis of interpretation and legal discovery method. He changed the general view of ijtihad, during which only reach things that are zhanni and less attention the dimensions of qathi. By placing the maslahah as the principle of ijtihad, the old concept of qath'i zhanni reconstructed to have a power on giving and solving various problems. Accordingly, the value of qathi is welfare and the justice system itself which is the spirit of the law itself, it can not be changed and not be a region of ijtihad. While zhanni category is the whole technical provisions or statutory normatively. The provisions of the law (normative) contained in the passage just a wasilah and will undergo changes, though not to be changed. Masdar’s thinking about the concept qath'i zhanni in turn, has changed the legal provisions because they are deemed no longer fit to the needs. Among the legal reasoning is, of zakat and taxes are also issues of women's reproductive rights. Thought zakat (tax) and also about the reproductive rights of women offered by Masdar is based on the principle of benefit-based justice. According to him, a double duty (pay zakat once taxes) inflicted on Muslims require that the concept of classical zakat should be revised. Similarly, the reproductive rights of women. Emasculation, inferior, and the subordination of women in all aspects of life should be terminated by giving a new meaning to the interpretation and nas
JUAL BELI UANG (FOREIGN EXCHANGE TRANSACTION) DITINJAU DARI HUKUM EKONOMI ISLAM Kholidah Kholidah
Yurisprudentia: Jurnal Hukum Ekonomi Vol 8, No 1 (2022)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (849.424 KB) | DOI: 10.24952/yurisprudentia.v8i1.5738

Abstract

Foreign exchange trading transactions are getting more and more in demand, Muslim investors/traders are no exception. Even recently, forex trading has been used as a speculation tool for traders to make a profit. Therefore, forex trading has become an important issue and has become a sharp focus for Muslim scholars and economists. In the study of fiqh, foreign exchange trading is known as al-sharf, namely buying and selling naqdain, gold for gold, silver for silver, or one of the two. This transaction is basically justified in Islam as long as it does not contain elements of usury. But unfortunately, the practice of foreign exchange trading is full of elements of usury, speculation, and gambling. According to the scholars, of these four forms of activity, only spot transactions are permitted, while forward, swap and option forms are prohibited.
URGENSI QAWA’IDH FIQHIYYAH DALAM PENGEMBANGAN HUKUM ISLAM Kholidah Kholidah
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7963

Abstract

This study aims to analyze the urgency of qawa'id fiqhiyyah in the development of Islamic law. The rationale departs from the definition of the fiqhiyyah rule itself, namely a collection of syara' laws from various legal events that have the same 'illat. This meaning assumes that fiqhiyyah rules actually have a role in the development of Islamic law. Bearing in mind that each rule contains 'illat law, legal rationale and also philosophical values that can be used as a basis for establishing a law in a new case. This study uses a normative juridical method, with secondary data in the form of three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The data were taken from the literature as a data source, then analyzed and described systematically. The conclusions drawn are, 1) qawa'idh fiqhiyyah can be used as an alternative in resolving legal issues for which there is no explanation. 2) Qawa'id fiqhiyyah contains quite high dynamic values. 3), Qawa'id fiqhiyyah is able to realize legal elasticity to be applied in various contexts and. 4) Qawa'id fiqhiyyah contains the values of the contextualization of Islamic law.
PENGARUH PEMIKIRAN ORIENTALIS TERHADAP PEMIKIR MUSLIM MODERN (Studi Tentang Sunnah Sebagai Sumber Tasri') Kholidah Kholidah
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 2, No 2 (2016)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v2i2.7659

Abstract

The orientalists studies about authenticity and originality of the prophet Muhammad Sunnah as a source of tasri’ have influenced a number of modernist muslim thinker, among these are Ahmad Amin, Muhammad Syahrur and Mahmud Abu Rayyah. Over their thoughts about the sunnah, less precise, considering they actually still acknowledge hadith or sunnah as sources of tasyri’. What happens is they criticize the method used by classical sholar in detecting false hadith, then offer methods that they assume more precise. Because the classical scholar still propose that hadith is shahih but actually not for them.
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