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Contact Name
MUHAMAD DANI SOMANTRI
Contact Email
muhamaddanisomantri34@gmail.com
Phone
+6285295076808
Journal Mail Official
jurnalmutawasith@gmail.com
Editorial Address
Program Studi Hukum Ekonomi Syariah, Fakultas Syariah IAILM Tasikmalaya
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INDONESIA
Mutawasith: Jurnal Hukum Islam
ISSN : 27222764     EISSN : 27234681     DOI : -
Core Subject : Religion,
Mutawasith is the academic journal of Islamic law that was first published in 2018 by the Program of Sharia Economics Law (Muamalah) of the Institute of Islamic Religion Mubarokiyah Tasikmalaya. The Mutawasith Journal is published periodically twice in one year in June and December. The focus of the study from the Mutawasith Journal emphasizes the research or conceptual results relating to the study of Islamic law, sharia economic law, family law, and the social institution of contemporary Islamic Law (actual) by writing methods referring to the standards of scientific writing. The Mutawasith Journal publicly receives contributions from academics and non-academics related to the topic of journal Studies. All published articles do not necessarily present a journal view, or other institution that has a relationship with the publication of a journal.
Articles 65 Documents
Pandangan Hukum Islam terhadap Penyalahgunaan Napza pada Anak di Bawah Umur Ahmad Ropei
Mutawasith: Jurnal Hukum Islam Vol 3 No 2 (2020)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v3i2.213

Abstract

This study aims to reveal positive legal and Islamic law arrangements against legal sanctions on the abuse of Narcotics, Psychotropics and Addictive Substances (Drugs) by minors. The method used in this research is content analysis (content analysis). The type of data used is qualitative data. The data collection technique used is by means of literature. The results showed that drug abuse committed by minors is regulated in Article 128 paragraph (2) of Law No. 35 of 2009 which states that a child who commits drug abuse cannot be prosecuted. Apart from that, Article 45 also states that a child cannot be prosecuted until he reaches adulthood. Meanwhile, parents of children who are drug abusers are obliged to report to the relevant authorities in order to receive treatment and / or treatment through medical rehabilitation and social rehabilitation. From the point of view of Islamic law, drug abuse committed by minors cannot be punished. This is because minors cannot be held responsible for the crime because they have not been subject to legal imposition (khitob) or because they have not reached aqil-baligh.
Konsep Jual Beli Dalam Perspektif Al-Quran Dan Al-Sunnah (Urgensitas Penerapan Prinsip Halalan Thayyiban sebagai indikator dalam Mengukur Hukum Keabsahan terhadap Praktik Jual Beli) Acep Faizal Ramdan; Neli Purnamasari
Mutawasith: Jurnal Hukum Islam Vol 3 No 2 (2020)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v3i2.215

Abstract

This research is based on the fact that the majority of Indonesian Muslims do not yet understand the concept of good buying and selling perspective of the Quran and Al-Sunnah. The concept of buying and selling that they understand is only for the fulfillment of the buyer's needs, and to pursue the seller's profit, without considering the maslahat and its mafsadat. The purpose of this research is to describe the urgency of the principle of halalan thayyiban in the concept of buying and selling according to the Quran and Al-Sunnah. The method used is descriptive, by presenting the concept of buying and selling according to the perspective of the Quran and Al-Sunnah, while the data collection technique is a study of libraries from journals and books related. The results showed that the sale of halalan tayyiban was a necessity because it was part of the terms of the trade. The trade transaction is not halal and good then the sale becomes bathi. The basis of the law of buying and selling with halalan thayyiban is Q.S. al-Baqarah: 172-173 and hadeeth by Bukhari Muslim in the book of Bulughul Maram hadeeth to 801, on the prohibition of buying and selling.
Pemikiran Wahbah al-Zuhaili tentang Hukum Riba dalam Transaksi Keuangan pada Kitab Fiqih Islam Wa Adillatuhu Nyanyang Nyanyang
Mutawasith: Jurnal Hukum Islam Vol 3 No 2 (2020)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v3i2.234

Abstract

This research explains the problem of usury law and its interpretation in financial transactions personally conducted by the public in insurance institutions as well as bank interest from the thought wahbah zuhaili and provide the solution. According to him, usury is divided into the first three types, riba fadh, second, riba yad and third riba nasiah. Wahbah zuhaili argues that the forbidden interest is usury that multiplies both the little and the amount of interest obtained because it is the same as the rib element. The prohibition of usury (usurios) in Islam based on moral and humanitarian considerations because the essence of usury prohibition is the elimination of all forms of economic practice that cause injustice and injustice. And the impact of interest on the economy will lead to a slowdown in economic growth. This method of writing a journal is based on the study of the library by conducting an in-depth review of wahbah zuhaili's books, books, interpretations and writings on bank interest, usury and related to it. The purpose of this writing is to know the laws, practices of usury and solutions in order to avoid the practice of usury inflicted on the economy.
Tinjauan Hukum Islam terhadap Relasi Agama dan Negara dalam Perspektif al-Ghazali Jamaludin Jamaludin
Mutawasith: Jurnal Hukum Islam Vol 3 No 2 (2020)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v3i2.235

Abstract

This research aims to analyze the relationship between religion and country in the perspective of Islamic law. Among the scholars who are referenced in religious and state relations is al-Ghazali. His thoughts on the concept of religion and country are interesting to research. This research uses descriptive-qualitative methods in the form of library research. The results showed that between religion and state has a connection, so al-Ghazali analogizes religion and the king as 'two twins', of which religion is a foundation, while the king is the guardian. Something without a foundation will easily collapse and a foundation without guards will disappear. The existence of the king is a necessity for the order of the world, the order of the world is a necessity for religious order, and religious order is a necessity for the attainment of the welfare of the hereafter. Unequivocally, al-Ghazali said that a country that ignores morals (morals, ethics) will gradually suffer destruction or destruction. To that, al-Ghazali offers five ideal and moral conceptions of the state. The five conceptions are interdependence towards happiness, the fusion of science with religion and morals, moral-politics, the head of state who is sincere, and moral in international relations and deeds.
Analisa Hukum Islam dalam Meninggalkan Shalat Jum’at pada Masa Pandemi Corona Virus Disease 2019 (Covid-19) Irdlon Sahil
Mutawasith: Jurnal Hukum Islam Vol 3 No 2 (2020)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v3i2.238

Abstract

This study discusses the legal status of leaving Friday prayers during the Corana Virus pandemic. Based on the source of Islamic law; al-Qur'an, hadith and ijma' ulama. In this study there are four conclusions, first, the scholars agreed that the law of Friday prayer is mandatory for people who are affected by the law of taklif and are in a state of pain, fear of illness, fear of life and property, rain, very cold or very hot weather and the outbreak of a disease such as coronavirus. Second, it is permissible not to perform Friday prayers if there is udzur in the way. It's part of the waiver in the goal of setting the law at a secondary level of need that turns into a primary need because the spread of this virus has been life-threatening. Third, it is obligatory to obey the leader, as long as the policy is not contrary to Islamic law. To measure the conformity of the leader's policy with sharia by referring to a benefit. Fourth, as long as the udzur syar'i is still struck, leaving Friday prayers is no limit.
Tinjauan Hukum Islam terhadap Musibah Pandemi Covid-19 dan Implikasinya pada Sikap Umat dalam Menghadapi Wabah Covid-19 Sasa Sunarsa
Mutawasith: Jurnal Hukum Islam Vol 4 No 1 (2021)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v4i1.302

Abstract

This paper aims to examine the Covid-19 outbreak from the perspective of the Koran based on Ibn Kathir's interpretation of the QS. al-Hadid: 22-23. The research approach used is qualitative with library research method. The results of the study show that Ibn Kathir when interpreting the QS. al-Hadid: 22-23 explains that disasters basically happen by the will of Allah SWT. and its occurrence was determined even before the creation of the universe. A correct understanding of the meaning of disaster can make it easier for humans to be patient, which can be used as an effective approach in strengthening mental resilience and making a person strong and resilient in the face of the Covid-19 outbreak. In addition, the commentary of Ibn Kathir can be applied in dealing with the Covid-19 outbreak, this Covid-19 disaster is God's destiny, and God's destiny must be good, and sunnah-kauniyah apply. Trying not to clash between aqidah and sharia, when there are differences regarding the implementation of worship in mosques in the midst of the Covid-19 outbreak.
Marriage Affair In Islamic Law Anthropology Perspective Teten Jalaludin Hayat
Mutawasith: Jurnal Hukum Islam Vol 4 No 1 (2021)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v4i1.303

Abstract

The purpose of this study is to explain marriage affair or cheating in marriage as an anthropological review of Islamic law, thus, the legal wisdom should be obtained in addressing these problems. The Datas were obtained from scientific books and journals relating to the subject research theme. The research is library research, descriptive, and qualitative. The analysis technique used here was content analysis. Some of the findings research, that affair is a humanitarian epidemy that has existed throughout human history, even remains phenomenal today. Therefore, a legal wisdoms were needed in addressing these problems through the practice of religious teachings, thus the problems of cheating should suppressed and avoided, the ark of marriage can still be carried out on an ideal goal according to the anthropology of Islamic law
Konsep Perlindungan Nasab dalam Perspektif Hukum Islam Restu Ashari Putra; Reza Pahlevi Dalimunthe; Rizal Abdul Gani
Mutawasith: Jurnal Hukum Islam Vol 4 No 1 (2021)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v4i1.304

Abstract

Benefit as the core of maqâshid al-syariah has an important role in the development of Islamic law. Because Islamic law was revealed with the aim of presenting the benefit of humans, both in this world and in the hereafter. One of the benefits that are protected is the protection of lineage. Nasab is human nature, because humans have the instinct to regenerate. On the other hand, humans have the nature of obedience to God. So that the two natures accumulate in lineage protection. Lineage protection is concerned with quantity on the one hand, and quality on the other. The exact point proportions of the two are seen from the bounded realm of reality. Lineage protection is not only about regeneration, but also includes all intermediaries (wasilah) that support it, both in terms of quantity and quality. The purpose of this study is to find out what things can damage the lineage, such as adultery, incest marriage, prostitution and so on.
Kedudukan Saksi Non Muslim dalam Perkawinan Menurut Peraturan Perundang-Undangan di Indonesia Atus Ludin Mubarok
Mutawasith: Jurnal Hukum Islam Vol 4 No 1 (2021)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v4i1.307

Abstract

In the field, it often happens that a Muslim marries a convert to a Muslim woman with a large non-Muslim family status. In marriage, converts submit non-Muslim witnesses. What is the status of their testimony according to the law. The purpose of this study was to determine the position of non-Muslim witnesses to marriage according to the legislation with a qualitative method, a literature study approach. Source of data in the form of legislation related to family law. It is done by deductive-inductive method. From the discussion, it can be concluded that the Indonesian laws and regulations stipulate that marriage witnesses must be Muslim. A non-Muslim is not accepted as a witness to a marriage. In the case of divorce and reconciliation, the witness's special religious requirements are set. There is an opportunity for non-Muslims to be witnesses in ruj'u and divorce cases. Divorce on the grounds of shiqaq must be heard from witnesses who come from the husband and wife's family. That is, Article 76 of Law no. 7/1989 paragraph (1) still applies to family and close people of husband and wife who are non-Muslims and must provide testimony as witnesses.
Model Konsep Pengembangan Human Capital dengan Etos Kerja sebagai Variabel Intervaning Menuju Peningkatan Organizational Citizenship Behavior (OCB) dalam Perspektif Hukum Islam Edwin Hadiyan; Faisal Faisal
Mutawasith: Jurnal Hukum Islam Vol 4 No 1 (2021)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v4i1.308

Abstract

Human resources who have a creative spirit and always develop a positive attitude will improve their performance according to the expectations of the organization. Citizenship behavior will be discussed in the organizational dimension of OCB, human capital development by involving elements of creativity and organizational culture development will increase OCB. The positive behavior of employees is able to support the performance of organizational development for the better. The basic concepts of Islam are faith, Islam and Ihsan. The perfection of Islam can only be built and enforced through these three concepts. The role of Islamic work ethic as an intervaning variable will greatly affect human capital and OCB development. This study uses a quantitative type, the aim is to determine the magnitude of the influence of human resource development, religiosity, on employee performance with job satisfaction as an intervening variable. Data were collected by distributing questionnaires to 100 employees using purposive sampling method to determine respondents' responses to existing variables. The analysis was carried out using the method of Structural Equation Modeling (SEM) based on partial least squares (PLS).