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Asy-Syari’ah : Jurnal Hukum Islam
Published by Institut Ilmu Keislaman Zainul Hasan Gengong
ISSN : 24603856     EISSN : 25485903     DOI : 10.36835/assyariah
Core Subject : Religion, Humanities,
Religion Humanities
Asy-Syariah Journal Is The Journal That Pudlished by Islamic Economic and Business of Institut Ilmu Keislaman Zainul Hasan Genggong Kraksaan Kab. Probolinggo Est Java, this Journal publish About Islamic Law, Social Islamic Law.
Arjuna Subject : Umum - Umum
Articles 102 Documents
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Studi Komparasi Tentang Batasan Khiyar Al-’Aib dalam Jual Beli Menurut Mazhab Syafi’i dan Hukum Perdata Arwadi
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i1.253

Abstract

This study is a library research on “Comparative Study On Limitation khiyar Al-’Aib In the Sale and Purchase According to the Shafi’i of and Civil Law”. This study aims to find out the opinion of Shafi’i and the civil law of al-’Aib khiyar limits and the legal consequences arising and the similarities and differences between Shafi’i and civil law on limitation khiyar al-’aib in buying and selling. The similarities between Shafi’i and civil law is, equally allows for khiyar al-’Aib, the start time khiyar al-’Aib is since it was discovered by the buyer any defects and, if already rather old (after the discovery of defects), then right khiyar al-’Aib becomes void by the buyer and selling into luzum (fixed), while the difference is the language Shafi’i of his time is Fauri (direct) according to custom, civil law is “in a short time”, while the legal consequences arising is the time when the buyer does not exercise its right then right into the fall and selling into luzum (fixed).
Akhlak Tasawuf sebagai Kajian Keilmuan Edi Kurniawan Farid
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i1.254

Abstract

The main purpose of this article is to explore akhlaq and tasawuf as a sience which is learned at all of islamic university in Indonesia. It is grouped as basic competence subject that is obliged by the Islamic University for all students to take this subject. The article tries to discuss this subject by explaining the meaning and definition of each akhlaq and tasawuf according to ulama’, correlation between them, and the urgency of akhlaq tasawuf in Islam. The article shows that akhlaq tasawuf is an important study among another Islamic studies, because of it’s object which is has strong correlation and implicable with the one’s soul and spiritual. Finally, studying akhlaq tasawuf want to build the understanding that worshiping god is not only building good relation to god, but also to all his creators.
Analis terhadap Pandangan Janda tentang Poligami (Studi Kasus Desa Racek Kecamatan Tiris Kabupaten Probolinggo) Nanang Qosim
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i1.255

Abstract

Wedding or marriage in Arabic literature jurisprudence referred to by two words, namely marriage and zawaj. Both of these words are used in everyday life of Arabs and many contained in the Qur’an and the hadith of the Prophet. In Arabic, polygamy is called al-zawjah ta’did (couples), in the Indonesian language is called polygyny and in Sundanese called nyandung. According to the teachings of Islam, later called the Islamic Shari’a (Islamic law), defined as the act of polygamy is allowed or permissible. Thus, although in Surat an-Nisa ‘paragraph 3 sentence “fankihu”, the sentence amr (command) of the gainful permissible rather than mandatory, which can relevanced with usul fiqh: al-asl fi al-amr al-Ibahah Hatta Yadula’ ala at- Tahrim (origin of something may be, unless there is the argument that forbid).
Asas-Asas Perjanjian dalam Hukum Perjanjian Syariah Miftahus Salam
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 2 (2017): Asy-Syariah Juni 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i2.256

Abstract

The term of “akad” has an important meaning in the life of the community. Akad is “the foundation of many of our daily activities.” Through Akad a man’s is united with a woman in a common life, and through Akad also various business activities and our business can be run. Akad facilitates each person in meeting his needs and interests that he can not fulfill without the help and services of others. It is therefore justifiable to say that the covenant is a social means found by human civilization to support its life as a social being. In Islamic law there are principles of agreement underlying its enforcement and implementation. In this article there are nine principles of agreement (Akad) that can be used as a basis for thinking and transacting in Islamic legal agreements. The principles of the Akad are, the principle of the mother, the principle of freedom of conscience, the principle of consensualism, the principle of the promise is binding, the principle of balance, the principle of benefit, the principle of trust, and the principle of justice, and the principle of personnel.
Budaya Jaga Mayyit di Kuburan di Tinjau dari Hukum Islam (Studi Kasus Desa Racek Tiris Probolinggo) Nanang Qosim
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 2 (2017): Asy-Syariah Juni 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i2.257

Abstract

Culture is a way of life that is developed and shared by a group of people and passed down from generation to generation (generation to generation). Cultures are made up of intricate elements, including religious systems, and politics, customs, language, tools, clothing, buildings, and artwork. Language, unification as well as culture, is a part that can not be separated from human beings so that many people tend to be considered genetically inherited. See the cultural definition by Koentjaraningrat handover Budiono K, forcefully, “according to anthropology, culture is all the system of ideas and taste, actions, and works produced by humans in the life of society, which is his own by learning. This understanding means the inheritance of ancestral cultures through the process of education. When a person tries to communicate with people of different cultures and adjusts the differences, prove the culture is learned. Culture is strongly strengthened dengn masyarakat. Culture is a lifestyle thorough, abstract, and broad. Many cultural aspects contribute to communicative behavior. These socio-cultural elements and many human social activities.
Memahami Tinjauan Hukum Islam dalam Investasi Fathullah
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 2 (2017): Asy-Syariah Juni 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i2.258

Abstract

Investments have a large share in the process of economic empowerment of a country. The existence of equity with the transfer of some shares produces results where there will be cooperation between individuals (shareholders and stock buyers) to create a division of labor and the elimination of unemployment that leads to poverty. The existing investment should be examined and examined more closely, especially when judging by Islamic law. Some of the elements involved in investments that are inconsistent with the Shari’ah should be eliminated and attempted more effective substitutes that can overshadow the interests of the masses, especially for Muslims.
Keluarga dalam Perspektif Agama dan Sains Efi Nurjanah
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 2 (2017): Asy-Syariah Juni 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i2.259

Abstract

The family is the first environment for children, the family environment first of all the children get the influence. Therefore, the family is the oldest educator who is natural. The birth of the family as an educational institution since humans exist, and the task of the family is to lay the foundations for the development of children, so that children can develop well. One of the most important goals of family formation to meet the needs of children’s love. Instinct loves the child is the potential created by Allah along with the creation of man. Parents are obliged to maintain the nature of the child so as not to do deviations. The sense of affection and tranquility shared in the family will make the child grow and thrive in a happy atmosphere. The happiness will in turn give the child confidence, peace, love, and distance himself from the anxiety and mental illness that can weaken his personality. In Islam’s view the child is a mandate imposed by Allah to his parents, therefore parents should keep the funds to maintain the mandate. Children from infancy to school age have a single environment, the family. So it is not surprising to say that the habits of children are largely formed by education in the family. From waking up to sleep again, children receive influence and education from the family environment.
Spirit Pembebasan dalam Hukum Islam Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 2 (2017): Asy-Syariah Juni 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i2.261

Abstract

The urgency of implementing Islamic law for the creation of principles of justice is now a complicated issue in the global era. The high intervention of the investors and the western nations in building the world economic map, not infrequently sacrifice the value of justice in the life of a society. The high social imbalance between the poor and the rich, the spread of a free-standing culture that ended with the abortion behavior of teenagers, has made various problems unending. Islamic law that should be a solution in various aspects of community life, gradually unable to be implemented in the realm of community life due to various conflicts of interest. While multiculturalism is occurring in some areas, it is often used as an alibi for some societies to reject Islamic law as an integral part of the human struggle free from injustice in all things. Not infrequently, people who are keen to fight for Islamic law in a society are regarded as extremist groups.
Konsep Kafaah dan Keluarga Sakinah (Studi Analisis Tentang Korelasi Hak Kafa’ah Terhadap Pembentukan Keluarga Sakinah) Imam Syafi'i
Asy-Syari’ah : Jurnal Hukum Islam Vol 6 No 1 (2020): Asy Syari`ah Januari 2020
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v6i1.266

Abstract

Abstract This research aims to examine the realization of a peace family with the equivalent rights for married couples. Problems that arise, whether there is equality for husband and wife, related to peace in his marriage. the method used in this research is descriptive qualitative research which type library research. Where this author analyze the concep of kafa’ah and a peace family in documents form of a yellow books, reference, journal and other print media. Peaceful family can be achieved with the efforts of each partner in building a household. Peaceful family done after a marriage bond and will arise because there is a sense of belonging for husband and wife. Anyone and anytime without being bound by the necessity of equality between husband and wife. Keywords: marriage ties, equality rights, peaceful family.
Al-Kalalah (Dhanniy al-Dalalah dalam al-Faraidl) Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 6 No 1 (2020): Asy Syari`ah Januari 2020
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v6i1.304

Abstract

Paragraph verse especially in QS. al-Nisa ‘: 11,12 and 176 are understood by some as a verse of qath’iy al-dalalah which is closed with space and opportunities for ijtihad (ta’wil). Throughout the interpretation of turats and contemporary Muslim intellectual thought there is debate and difference in interpretation of verses and hadith al-kalalah as universal terms in the case of the roseits. Carefully and thoroughly, the researchers examined al-kalalah ontologies along with the hadith explanation and understanding of the commentators on al-kalalah cases by using qualitative-inductive methods through library research, namely the review of interpretive library documents and hadith in the al-kalalah domain. The contents of the analysis of the literature formulate that alkalalah is a universal term that contains multiple meanings and interpretation requirements. Rasulullah Saw himself gave an abstract explanation and general description (dhanniy al-dalalah) so that it led to a speculative-ijtihadiy understanding among friends which led to the emergence of khilafiyah al-kalalah meaning in the realm of fiqh mawaraits. Some interpret al-kalalah as the owner of the inheritance, the heirs are even interpreted as inheritance that will be inherited by the heirs.

Page 5 of 11 | Total Record : 102

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