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Contact Name
Moh. Asra
Contact Email
istidlaljehi@gmail.com
Phone
+6282244995150
Journal Mail Official
istidlaljehi@gmail.com
Editorial Address
Jl. Ma'had Aly No. 6 Sukorejo Banyuputih Situbondo Jawa Timur 68374
Location
Kab. situbondo,
Jawa timur
INDONESIA
Istidlal: Jurnal Ekonomi dan Hukum Islam
Published by Universitas Ibrahimy
ISSN : 2548754X     EISSN : 25487957     DOI : https://doi.org/10.35316/istidlal
Aim and Scope 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.
Articles 156 Documents
Rekonstruksi Hukum Pasar Modal Syariah dalam Memberi Jaminan Kepastian Hukum Subaidi, Subaidi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (174.097 KB) | DOI: 10.35316/istidlal.v1i2.105

Abstract

The shari'a concept in Islamic capital market industry is generally considered haven’t been able to provide guaranteeing legal certainty. Public that has been accustomed to using conventional concept feel more secure with guaranteeing legal certainty of conventional concept in capital market industry. That public confidenceissue became a positive correction in developing Islamic capital market industry in Indonesia. Guaranteeing legal certainty is indispensable in the legal system of society, so that required a legal reconstruction in Islamic capital market industry in Indonesia. The questions are; what is the importance of law in Islamic capital market industry and how is the configuration of law reconstruction in Islamic capital market industry in the future.
Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh Sibawaihi , Muhammad; Baharun, Mokhammad
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.529 KB) | DOI: 10.35316/istidlal.v1i2.106

Abstract

Marriage has rules and regulations its implementation. According to Jambi Malay customary law, there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by all society of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.
Pandangan Tokoh NU Tentang Hadirnya Wali yang Telah Mewakilkan Perwaliannya Abidin , M. Zaenal; Azizah , Nurul
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.638 KB) | DOI: 10.35316/istidlal.v1i2.107

Abstract

It has become the custom people when they want to marry their children so the guardian represents either to the kiai, ustad, or penghulu on the grounds, the guardian isn’t confident to marry himself because he or she hopes to be barokah from someone who is considered more appropriate to do. After the guardian surrender his guardianship to the deputy, the guardian is usually asked to leave when the contract is executed without apparent reason. The purpose of study is to know how the views of NU Jember figures about the presence of a guardian has represented his guardianship in majlis akad and how the view of Islamic legal opinion about the presence of a guardian has represented his it. The approach method used research is qualitative approach, the data collection technique chosen is interview. The results of research found in addressing of NU jember character different views. Some NU leaders have some opinions that a guardian has represented his or her guardianship may be present in the contracting majlis and hasn’t effect the contract carried out as long as it doesn’t become one of the witnesses of the marriage.
Etos Kerja Islam Sebagai Upaya Meningkatkan Kinerja Organisasi Sono, Nanda Hidayan
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 1 No 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (157.411 KB) | DOI: 10.35316/istidlal.v1i2.108

Abstract

This article illustrates the role of Islamic Work Ethic. The Working Ethos of Islam is a personality attitude gives rise to a profound belief that work isn’t only to glorify itself, but also as a manifestation of righteous deeds, therefore has a very high value of worship. Successful organizations seem to have a strong Islamic work ethic. It can improve performance. This article has several aspects of the work ethic are studied and analyzed by bringing theory into real conditions, there by impacting the worker's performance then illustrates the role of Islamic Work Ethic. The Working Ethos of Islam is a personality attitude gives rise to a profound belief, the work isn’t only to glorify itself, to reveal humanity, but also as a manifestation of righteous deeds, therefore to have a very noble value of worship. Successful organizations seem to have a strong Islamic work ethic can improve performance. This article, several aspects of the work ethic are studied and analyzed by bringing together theories with real conditions, affect the performance of workers.
Memaknai Substansi Syari’at yang Membebaskan Yasid, Yasid
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (422.51 KB) | DOI: 10.35316/istidlal.v2i2.109

Abstract

Shari'at is a form of manhaj (method) which is built to give birth to values that are very needed as a reference for human life on this earth. Shari'at is a overreached movement every text and expression as well always work hard with any formed changes whatever happned in society. Therefore, neither all divine revelation texts contain dimension of shari'at at the level of praxis it nor identical with the classic Ulama’s opinion which is created according to the needs of its time. On the contrary, the Shari'ah is the driving force for the style of community dynamism which is inevitably occurs as the movement of the world ball continues to accelerate. Thus, the Shari'ah is not synonymous with the dictums of Istinbath product law or principle of Fiqhiyyah which contains the nomenclature of the Mujtahid's opinions. The other way, the Shari'ah is a mechanism of dialogue between the text of the holy teachings on the a hand and the struggle for social reality on the other. Therefore, Shari'ah at the level of substance is always up-to-date at all times because itself has a mechanical function to update the entire series of changes and developments that occur in the community. Shari'ah is a method that processed creating laws without freezing the law itself. Shari'at is a spirit that continued creating guide lines and rolled out interpretations, updates, anddissolving in the ice of thought.
Prinsip-Prinsip Hukum Tentang Yayasan Sebagai Pengelola Lembaga Pendidikan Tinggi Swasta Fadlail, Ach.
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (662.829 KB) | DOI: 10.35316/istidlal.v2i2.110

Abstract

As a subject of vital human development, plays a central role which will formulate the concept, planning, integrating nodes strength and potential, as well as solve problems that go it. Thus the importance of the role played by humans, it is not exaggeration if humans as subjects of development must truly have personal maturity, good science, capacity, superior capability, and reflects the character of noble character as the embodiment litasnya/its litas. In order to achieve the expected degree of quality, education need the primary human. It may be noted also that one of important aspect of development is education. Regarding at 31 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 guarantees the right every citizen to get an education. Constitutional mandate is further defined in the legislation under the Constitution. One is Act No. 20 th2003 on Education System National. Primary responsibility of the provision and delivery of education is in the hands of the Government. Folk as education goals, in addition to having the right to education as mandated by the Constitution of the Republic of Indonesia th1945, also bear the responsibility for the implementation of education. Participation and community participation in education which one of them can be done by the foundation.
Peran dan Fungsi Perbankan Syariah Perspektif Sosio-Kultur Subaidi, Subaidi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (824.757 KB) | DOI: 10.35316/istidlal.v2i2.111

Abstract

In the context of urban economic community of Indonesia, several terms, such as paroan, prapatan, dan pertelon are quite popular. Such terminology has influence economic activities which have become tradition that support profit sharing principles which are practiced by Sharia banking. Such profit sharing practices basically aims creating justice and provide balances for economic users and their environments. Furthermore, profit sharing practices show partnership relation among enterprise practitioners; more than just the relationship between superiors and subordinators. These kinds of spirits not only end in profit orientedd but also establish human based on relationship which aims at helping and caring either. Dealing with the nature of the sprit above, Sharia economic practitioners should have energized and inspired, abled to realize them in more reality, and was synergic economic relationship. However, one important thing that they usually forget to develop business institution is lack of understanding toward the culture of the society local culture and wisdom of the society is one of the significant factors required in designing, harmonizing, and, developing business. This implies that a where they built business, including Sharia banking. Understanding toward business institution should not aim at corporate oriented only. In fact, it should have relations of socio-culture and corporate social responsibility.
E-Commerce dalam Hukum Islam: Studi Analisis Atas Pandangan Abdul Halim Barkatullah dan Teguh Prasetyo Khoiriyah, Ummal
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (964.491 KB) | DOI: 10.35316/istidlal.v2i2.112

Abstract

The one phenomenon of economic Mu'amalah is buying and selling transactions that use electronic media. Trading activities through internet media is popularly called electronic commerce (e-commerce). E-commerce is divided into two segments, they are business to business e-commerce and business to consumer e-commerce. This study discusses and analyzes e-commerce of Islamic Law (Analysis Study on the views of Abdul Halim Barkatullahlah and Teguh Prasetyo in a Book entitled "E-Commerce Business (Study of Security and Legal Systems in Indonesia)."
Pandangan Islam Terhadap Pasal Penistaan Agama Aziz, Abdul
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (800.168 KB) | DOI: 10.35316/istidlal.v2i2.113

Abstract

Freedom in certain religions has been guaranteed by law. This freedom should not interfere another people's freedom. To realize this kind of freedom then the law appears to regulate the prohibition of insulting or defamating a particular religion. When the state has provided a provision in the matter of blasphemy, what is about Islam? To find the answer of this question, ought to look at the Qur’an, the Hadith and the opinions of Fuqaha. The conclusion obtained that the article contained in the Criminal Code is in accordance with the doctrine of Islam. Islam always teach moslems to appreciate what other people trust meanwhile when there are people who insult at Islam, such as insulting Allah and Prophet, so must be consequent as murtad and be killed.
Tinjauan Istihsan Terhadap Bai’ al- Wafa’ Di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso Ubaidillah, Ubaidillah
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 2 No 2 (2018)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1015.266 KB) | DOI: 10.35316/istidlal.v2i2.114

Abstract

The birth of the first sharia bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging sharia-based financial institutions other, cultivated sharia cooperative in the form of BMT. Inside the BMT, we are familiar with the term buy back or bai' al-wafa'. Bai 'al-wafa' is a buying and selling is done by someone who need money by selling (real estate/real property) goods is owned by agreement if he can pay (the price) then he can take back the goods while the legal basis bai 'al-wafa' according to Hanafi Madzhab is istihsan. Istihsan is the turning of a mujtahid from qiyas street jaly (real) to qiyas the khafi (vague) or the turning of a mujtahid from law kulli (general) to the law istitsna`i (limit) because it crossed their minds there is a superior proposition.

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