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Istinbath
ISSN 1829-6505 · Fakultas Syariah UIN Mataram · 250 artikel di indeks
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Artikel Jurnal
ISTINBĀṬ AL-AḤKĀM IN CLASSICAL SUNNI JURISPRUDENCE: A COMPARATIVE STUDY OF THE FOUR MADHHABS
The discourse on istinbāṭ al-aḥkām the derivation of Islamic legal rulings remains central to understanding how Islamic law maintains its relevance across time and context. This study explores istinbāṭ al-aḥkām as a dynamic epistemological framework within classical jurisprudence, focusing on how…
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Artikel Jurnal
ANALYZING PATA’GALA GALUNG (PADDY FIELD PAWNING) THROUGH THE LENS OF ISLAMIC ECONOMICS: A CASE STUDY IN BANGKALALOE VILLAGE, BONTORAMBA DISTRICT, JENEPONTO REGENCY, SOUTH SULAWESI
This study examines the practice of pata’gala galung (paddy field pawning) in Bangkalaloe Village, Bontoramba District, Jeneponto Regency, South Sulawesi, Indonesia, from the perspective of Islamic economics. It addresses three research questions concerning the operational mechanism of this…
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Artikel Jurnal
OBEDIENCE TO ULIL AMRI AND THE REJECTION OF LAW NO. 52 OF 2009: SALAFI GROUPS, CITIZENSHIP, AND FAMILY PLANNING IN LEGALIST AND CONSTITUTIONAL PERSPECTIVE
This article examines the tension between the professed obedience of Salafi Islamic groups in Indonesia (often labelled “conservative” or “Wahabi”) to the legitimate ruler (Ulil Amri) and their rejection of Law No. 52 of 2009 on Population Development and Family Development, together with its…
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Artikel Jurnal
COMPARATIVE STUDY OF SALE AND PURCHASE ACCORDING TO MADHHAB FIQH AND FATWA DSN MUI NO. 110
This study aims to examine and compare the concept of sale and purchase (jual beli/bay') according to the four schools of Islamic jurisprudence (madhab fiqh) Hanafi, Shafi'i, Maliki, and Hanbali and to analyze their relevance to DSN-MUI Fatwa No. 110/DSN-MUI/IX/2017 on the Contract of Sale and…
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Artikel Jurnal
HARUN NASUTION'S RATIONAL ISLAM AS AN EPISTEMOLOGICAL FOUNDATION FOR THE CONTEXTUALIZATION OF ISLAMIC LAW IN INDONESIA
This article examines Harun Nasution's concept of Rational Islam and its implications for the contextualization of Islamic law in Indonesia. The study employs a qualitative library research design using intellectual history and normative legal approaches to analyze Harun Nasution's major works and…
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Artikel Jurnal
PROTECTION OF INVESTORS’ CIVIL RIGHTS AT PT DANA SYARIAH INDONESIA FROM THE PERSPECTIVE OF MAQASID SHARIAH AND OJK REGULATION NO 22 OF 2023
The development of globalization and digitalization has transformed the way society interacts within the financial sector, one example being Sharia-based peer-to-peer (P2P) lending fintech in Indonesia. This transformation presents serious challenges to the protection of investors’ civil rights…
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Artikel Jurnal
GOOD CORPORATE GOVERNANCE IN GREEN FINANCING FOR RENEWABLE ENERGY ISLAMIC BUSINESS ETHICS PERSPECTIVE
Good corporate governance (GCG) is increasingly important in ensuring that green financing for renewable energy is not reduced to a formal environmental label, but is managed through transparent, accountable, responsible, independent, and fair decision-making. This study examines how…
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Artikel Jurnal
INDONESIAN WAQF BOARD AND PRODUCTIVE WAQF GOVERNANCE FOR COMMUNITY ECONOMIC PROSPERITY IN CENTRAL JAVA
Waqf has substantial potential to strengthen local economic development in Indonesia; however, its institutional governance and productive utilization remain uneven across regions. This study examines the governance of waqf assets and the utilization of waqf proceeds for community economic…
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Artikel Jurnal
RECONSTRUCTING THE LAW OF JILBAB IN THE QUR’AN
This article examines and reconstructs the legal understanding of the jilbab through a comparative approach between the interpretations of classical and contemporary Islamic scholars. Debates on the jilbab are not limited to the normative aspects of religious texts, but also reflect the dynamic…
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Artikel Jurnal
Digital Transformation and Member Trust at BMT Maslahah; the Role of Moderation From the Perception of Sharia Compliance
The rapid development of digital technology has encouraged Islamic microfinance institutions to adopt digital transformation in order to enhance service efficiency and strengthen member trust, while maintaining compliance with sharia principles. This study aims to examine the effect of digital…
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Artikel Jurnal
PROFIT-SHARING WAGE PRACTICES AMONG RICE FIELD WORKERS IN PINRANG: AN ISLAMIC LEGAL ANALYSIS
The Islamic wage system is grounded in the value and benefit of a person's labor, emphasizing service and usefulness. In contrast to the capitalist approach, which typically ties wages to the minimum cost of living, this system prioritizes the intrinsic worth of work. This research seeks to…
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Artikel Jurnal
THE EFFECTIVENESS OF POJK 23/2022 AND IMPLICATIONS FOR MSME FINANCING INCLUSION (EVIDENCE FROM BPRS BTB BOGOR, EAST JAVA)
This study examines the impact of implementing POJK No. 23 of 2022 on MSME lending at BPRS Tegar Beriman Bank in Bogor Regency, with a particular focus on the effectiveness of the minimum financing limit policy in promoting the financial inclusion of non-bank MSMEs (the unbankable community). BPRS…
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Artikel Jurnal
ADAT BOKA: ANALYSIS OF SOCIAL STRATIFICATION FROM THE PERSPECTIVE OF ISLAMIC LAW (CASE STUDY IN SANDI VILLAGE, BUTON WAKATOBI REGENCY)
Boka is a form of dowry with a fixed amount determined by the social stratification of women within the customary system. Sandi Village, located in Buton Wakatobi Regency, Southeast Sulawesi Province, is among the communities that still preserve the Boka tradition. This study aims to explore the…
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Artikel Jurnal
ANALYSIS OF HARMONIZATION OF SHARIA FINANCING TAX REGULATIONS BETWEEN DSN-MUI FATWA NO. 123/DSN-MUI/XI/2018 AND PP NO. 25 OF 2009
This research is a juridical analysis that examines the harmony of legal norms governing the tax treatment of Islamic financing in Indonesia, drawing on MUI DSN Fatwa No. 123/2018 and Government Regulation No. 25 of 2009. The results of the study show juridical disharmony, where the Fatwa prohibits…
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Artikel Jurnal
THE SUBSTANCE AND RELEVANCE OF THE CONCEPT OF MARRIAGE AGE IN CONTEMPORARY ISLAMIC FAMILY LAW: AN ANALYSIS OF THE DISCOURSE ON EARLY MARRIAGE AMONG MUSLIM FIGURES
This study examines the substance and relevance of the concept of marriage age within various contemporary Islamic family laws, particulary focusing on Indonesia and other muslim-majority countries. The research addresses two main problems. First, it examines the comprehensive provisions on the…
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Artikel Jurnal
IMPLEMENTATION OF THE WAKALAH WAL MURABAHAH CONTRACT AT PT PNM MEKAAR MEULABOH BASED ON DSN-MUI FATWA NO. 04/DSN-MUI/IV/2000
This study aims to analyse the implementation of the wakalah wal murabahah contract in the Islamic microfinance program of PT Permodalan Nasional Madani (PNM) Mekaar, Meulaboh Branch, located in Pasi Mesjid Village, West Aceh, with reference to the provisions of the National Sharia Board Indonesian…
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Artikel Jurnal
SUSTAINABLE PRODUCTIVE WAQF MANAGEMENT OF MANARUL ILMI ITS FOUNDATION PERSPECTIVE OF MAQÂSHID SHARIA
This research project aims to examine the management of sustainable productive waqf at the Manarul Ilmi ITS Foundation and assess its suitability from a Maqâshid Syariah perspective. It used a qualitative case study approach. Data were collected through interviews with foundation administrators…
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Artikel Jurnal
HALAL CERTIFICATION FOR MSMEs: PROTECTION OF THE FIVE BASIC ASPECTS OF LIFE (AD-DHARURIYYAH AL-KHAMSAH) AND STRATEGIES TO STRENGTHEN ITS IMPLEMENTATION
This study investigates the persistently low compliance of Micro, Small, and Medium Enterprises (MSMEs) with halal certification, despite its critical role in safeguarding the five essential objectives of Islamic law (ad-dharuriyyah al-khamsah): religion (dīn), life (nafs), intellect (‘aql)…
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Artikel Jurnal
LEGAL IMPLICATIONS OF BREAST MILK DONATION ON THE LACTASHARE PLATFORM PERSPECTIVE OF SADD AL-DZARI’AH
The advancement of digital platforms has led to innovations such as breast milk donation through Lactashare. While this addresses nutritional needs for infants, it raises complex legal issues, particularly in Islamic jurisprudence regarding lineage and mahram relationships. This study examines the…
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Artikel Jurnal
IMPLEMENTATION OF MUDHARABAH AGREEMENT IN TABAH PRODUCTS WITHIN THE FRAMEWORK OF ISLAMIC PRINCIPLES OF JUSTICE AND ECONOMIC PROFIT SHARING AT BMT NU PURWOHARJO BRANCH, BANYUWANGI
This research aims to comprehensively analyze the implementation of the mudharabah contract in TABAH savings products at BMT NU Purwoharjo Branch, focusing on its conformity with Islamic economic principles. The novelty of this study lies in its contextual exploration of the Purwoharjo Branch…