JURNAL HUKUM ISLAM
Jurnal Hukum Islam (JHI) (ISSN: 1829-7382 and E-ISSN: 2502-7719) is a peer-reviewed journal published biannually (in June and December) by the Faculty of Sharia, Institut Agama Islam Negeri Pekalongan, Indonesia. The journal specializes in Islamic law studies, including Islamic family law, Islamic economic law, Islamic criminal law, Islamic constitutional law, zakat and waqf law, and thoughts of contemporary Islamic law.
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<![CDATA[Mediasi dalam Itsbat Nikah Kontensius di Mahkamah Syar’iyyah Aceh Tengah ]]>
<![CDATA[Zakiul Fuady Muhammad Daud]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2615
<![CDATA[An assignment of marriage is obligatory for couples married without the registration of legal marriage for the guaranteed certainty of law. This study aims to determine the number of cases of intermarriage in Kabul at the Central Aceh Syar'iyyah Court, the implementation of contingent marriage licenses, and the position of mediation on the marriage certificate. This juridical empirical research uses a qualitative approach with six judges as informants. Data collection techniques using interviews and documentation. The results showed the number of cases of marriage with the Syar'iyyah Court of Central Aceh in the last six years was 2,117 cases with details of 1,969 volunteer cases and 148 cases of contingency. The implementation of itsbat contingent marriage at the Syar'iyyah Court has met the standard regulations, but there are only petitioners and defendants by children or husband/wife, and there are no disputes involving other parties so that it cannot be categorized as fully contingent. The position of mediation in itsbat contingent marriage at the Central Aceh Syar'iyyah Court was not implemented because there were no disputes and did not involve other parties. Therefore, PERMA No. 1 of 2016 should be reviewed, which requires mediation in contingent cases.]]>
<![CDATA[DAMPAK PANDEMI COVID-19 SEBAGAI ALASAN FORCE MAJEUR TERHADAP PEMBIAYAAN PADA PERBANKAN SYARIAH ]]>
<![CDATA[Riska Wijayanti]]>;
<![CDATA[Ani Yunita]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2699
<![CDATA[This paper analyzes the Covid-19 pandemic as a reason for force majeure in non-performing loan and legal effort its. This juridical-normative research uses a conceptual, statutory and case approach. Analysis using prescriptive with logic and legal reasoning. The results show, the Covid-19 pandemic cannot automatically be used as a reason for force majeure, even though it is designated as a non-natural national disaster because to find out which debtors are affected by the pandemic and the payment difficulties, should be proven through the decision of the Religious Court and must fulfil the elements in Article 1244 and 1245 Civil Code. Legal efforts to settle non-performing loans are rescue and settlement. The rescue is carried out by minimizing financial costs and restructuring financing. Settlement can be made by seeking through an auction or by executing the guarantee. The last alternative is resolved through the Religious Court. The legal effort of future for the rescue of non-performing loan that occurred due to the spread of the Covid-19 Pandemic is by renegotiating, whereby making new contracts or issuing addendums that bind the parties and must be implemented in good faith. Therefore, the ius constituendum is indispensable for the settlement of non-performing loan that caused by the pandemic through the OJK Regulation.]]>
<![CDATA[Kesadaran Hukum Masyarakat Pedesaan Untuk Bercerai di Pengadilan (Studi Kasus di Desa Bantarbolang, Kabupaten Pemalang) ]]>
<![CDATA[Iwan Zaenul Fuad]]>;
<![CDATA[Miftah Husaeni]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.3448
<![CDATA[This paper explores the legal awareness and implications of divorce in court on communities in Bantarbolang Village, Pemalang, Central Java Province, Indonesia. This legal sociology research uses a qualitative approach. The primary data source is the divorcee outside the court. Secondary data sources are primary and secondary legal materials. The analysis technique uses an interactive model. The results showed, the legal awareness of the Bantarbolang community about divorce in court was not evenly distributed, where 21 couples were divorcing in court and 5 outside the court. They know that a divorce must be in court, but it is not carried out. The implications of legal awareness about divorce outside the court are: 1) administratively, they are still bound as husband and wife, because they do not have a divorce certificate so that if they marry someone else, they are done in a series; 2) psychological implications for children and if the couple remarries Siri, then the child born becomes the child born outside the marriage; 3) implications of the split between the extended family of the couple; 4) implications for the social order, due to the uncertainty of the status of husband and wife and the nasab of children from a Siri marriage.]]>
<![CDATA[The Adat Litigation and Adultery Sanctions In Batanghari-Jambi Province ]]>
<![CDATA[Fathuddin Abdi]]>;
<![CDATA[Efni Anita]]>;
<![CDATA[Eja Armaz Hardi]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2766
<![CDATA[This paper analyzes about the process and sanctions for adultery in the Customary institutions of Batanghari according to Islamic law. The method used sociology of law with a qualitative approach. The technique of collecting information uses observation, interviews and literary studies. The analysis technique uses an interactive model. The results showed, the resolution process and sanctions adultery in the Customary Institution of Batanghari, are:1) adultery pairs will be called by customary stakeholders (niniek mamak) and collected by tuo-tuo tenganai;2) if both have confessed, the niniek mamak, syara’ officials and the village head will determine the sanctions in the form of fines/debts and the time of payment; 3) payment times: 1x7, 2x7, 3x7 (3 weeks). If, the perpetrator has not paid, then he will be expelled from the village, because it is considered that he does not respect customary law. The sanctions for the perpetrator of adultery in that customary law is not the same as the Islamic criminal law, namely the stoning penalty for adultery. However, substantively its does not contradict Islamic law because the Al-Quran and Sunnah do not show the prohibition of imposing sanctions that are less than the ones stipulated by sharia, even Islamic law calls for the perpetrator to be forgiven or to be given a punishment that does not exceed the perpetrator's actions.]]>
<![CDATA[Siyasah Pandemi ‘Umar bin al-Khaṭṭāb ]]>
<![CDATA[Masykur Rozi]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2848
<![CDATA[This article seeks to understand what 'Umar bin al-Khaṭ̣ṭāb did in dealing with the pandemic ‘Amwās in 17-18 H / 638-639 AD in the perspective of health politics. With the help of the political theory of health by Kristian Bjørkdahl & Benedict Carlsen, the author constucts historical data documented in the books of hadith and history into theoretical strands. The purpose of writing this article is to find a pattern of political health theory practiced by 'Umar bin Khaṭṭāb when facing a health emergency. It can be concluded that 'Umar places health as an important element under the prospect of people's welfare. With that viewpoint, when faced with the plague of 'Amwās, he understood it to be a natural human reality. This belief was used as a knowledge base and was appointed as the aganda of the Caliphate government which gave birth to a policy of handling the plague. The technical implementation of saving the people from potential outbreaks is the emphasis on preventive policies in the form of handing over limited autonomy to the emir in handling outbreaks to avoid policy conflicts. This marked a shift in 'Umar's centralized leadership style to ‘limited decentralization’. In terms of communication between institutions and public communication, 'Umar bin al-Khaṭṭāb uses parables and idioms that are in accordance with the understanding capacity of the interlocutor. This is an internalization and persuasion effort to involve all parties to participate in handling the outbreak.]]>
<![CDATA[Praktek Perkawinan Muhallil di Padarincang Serang Provinsi Banten Indonesia ]]>
<![CDATA[Ahmad Sanusi]]>;
<![CDATA[Epa Nurpiah]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.3476
<![CDATA[This paper to analyze about muhallil marriage, which is carried out as a requirement to be allowed remarry between ex-husband and ex-wife, that has been talaq bain ( divorced three times) in Padarincang District, Serang Regency, Banten Province, West Java. This juridical empirical research uses qualitative. Data collection techniques using observation, interviews and documentation studies. The analysis technique uses an interactive model. The results show that the practice of muhallil marriage in Padarincang District was different from the existing provisions, because the ex-husband had to find the penyelang to ex-wife, then agreed by paying the penyelang and limiting the time of marriage. The ex-husband also forced the penyelang to divorce his wife, so that he could immediately remarry his ex-wife without waiting for the iddah period to end. According to Islamic law, marriage is haram and illegitimate, except it is carried out in earnest by Islamic law. Based on these facts, socialization and awareness should be carried out in the community about muhallil marriage, so that there is no violation of Islamic law and positive law.]]>
<![CDATA[Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh (A Legal Anthropology Approach) ]]>
<![CDATA[Sopyan, Yayan]]>;
<![CDATA[Suryani, Helma]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[IAIN Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.3262
<![CDATA[This paper explores the causes of the prohibition of ethnic marriage in Minang Batipuh Ateh. This legal anthropological research uses a qualitative approach. Information and data are obtained by observation, interviews and literary studies. Informants were selected purposive and developed using the Snowball method. The analysis used an interactive model. The results showed that, the prohibition of tribal marriages in Minang Batipuh Ateh aims to restore the disturbed balance due to violations committed by a person and to maintain the existence of the culture and lineage of the Minang tribe based on matrilineal. Apart from that, the prohibition of inter-ethnic and ethnic marriages in Batipuh Ateh, because: 1) maintaining and preserving customary law; 2) limiting associations; 3) give birth to quality offspring; 4) does not interfere with children's psychology; 5) do not lose their customary rights, and 6) customary payment sanctions. Sanctions for violations of tribal marriages in Batipuh Ateh are: 1) the perpetrator was expelled from Nagari 2) the penalty imposed on Ninik-Mamak by paying a fine; 3) thrown away according to custom, or discarded saro, and 4) excluded from social interactions. Therefore, the permissibility of tribal marriages originating from different Nagari is a solution provided by traditional leaders, as an answer to the changing times, and accommodation to the view of Islamic marriage law, although with strict conditions, to maintain the existence of customary law.]]>
<![CDATA[The Resolution Of Criminal Cases Through A Restorative Justice Approach in Islamic Law Perspective ]]>
<![CDATA[Ropei, Ahmad]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[IAIN Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2936
<![CDATA[This study aims to analyze on the restorative justice approach as an alternative to resolution criminal cases in Islamic law perspective, where the criminal process is not only limited to retaliation for the perpetrator, but must also be based on various principles of restorative justice. This research uses method normative juridical with a philosophical, conceptual and legislations approach. Sources of legal materials are obtained through inventory, categorization and systematization. Analysis using prescriptive with logic and legal reasoning, The results show that restorative justice is seen as an alternative approach that can be applied in resolution criminal case by considering various aspects outside the judicial process and is oriented towards restoring what has been damaged by the existence of crime. In Islamic law, the application of restorative justice is based on the above of Umar's friend r.a. in the case of handling theft cases during the Paceklik season, the legal decision is to release the perpetrator due to humanitarian factors. Therefore, restorative justice can be applied with considerations including: aspects of justice, humanity, public interest, forgiveness of victims, and peace (al-Islah).]]>
<![CDATA[Mediasi dalam Itsbat Nikah Kontensius di Mahkamah Syariyyah Aceh Tengah ]]>
<![CDATA[Zakiul Fuady Muhammad Daud]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2615
<![CDATA[An assignment of marriage is obligatory for couples married without the registration of legal marriage for the guaranteed certainty of law. This study aims to determine the number of cases of intermarriage in Kabul at the Central Aceh Syar'iyyah Court, the implementation of contingent marriage licenses, and the position of mediation on the marriage certificate. This juridical empirical research uses a qualitative approach with six judges as informants. Data collection techniques using interviews and documentation. The results showed the number of cases of marriage with the Syar'iyyah Court of Central Aceh in the last six years was 2,117 cases with details of 1,969 volunteer cases and 148 cases of contingency. The implementation of itsbat contingent marriage at the Syar'iyyah Court has met the standard regulations, but there are only petitioners and defendants by children or husband/wife, and there are no disputes involving other parties so that it cannot be categorized as fully contingent. The position of mediation in itsbat contingent marriage at the Central Aceh Syar'iyyah Court was not implemented because there were no disputes and did not involve other parties. Therefore, PERMA No. 1 of 2016 should be reviewed, which requires mediation in contingent cases.]]>
<![CDATA[DAMPAK PANDEMI COVID-19 SEBAGAI ALASAN FORCE MAJEUR TERHADAP PEMBIAYAAN PADA PERBANKAN SYARIAH ]]>
<![CDATA[Riska Wijayanti]]>;
<![CDATA[Ani Yunita]]>
<![CDATA[ Jurnal Hukum Islam Vol 18 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v18i2.2699
<![CDATA[This paper analyzes the Covid-19 pandemic as a reason for force majeure in non-performing loan and legal effort its. This juridical-normative research uses a conceptual, statutory and case approach. Analysis using prescriptive with logic and legal reasoning. The results show, the Covid-19 pandemic cannot automatically be used as a reason for force majeure, even though it is designated as a non-natural national disaster because to find out which debtors are affected by the pandemic and the payment difficulties, should be proven through the decision of the Religious Court and must fulfil the elements in Article 1244 and 1245 Civil Code. Legal efforts to settle non-performing loans are rescue and settlement. The rescue is carried out by minimizing financial costs and restructuring financing. Settlement can be made by seeking through an auction or by executing the guarantee. The last alternative is resolved through the Religious Court. The legal effort of future for the rescue of non-performing loan that occurred due to the spread of the Covid-19 Pandemic is by renegotiating, whereby making new contracts or issuing addendums that bind the parties and must be implemented in good faith. Therefore, the ius constituendum is indispensable for the settlement of non-performing loan that caused by the pandemic through the OJK Regulation.]]>
