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JURNAL HUKUM ISLAM
Published by Institut Agama Islam Negeri Pekalongan
ISSN : 18297382     EISSN : 25027719     DOI : https://doi.org/10.28918/jhi
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 20 No 1 (2022)" : 7 Documents clear
Bahasa Inggris Ahmad Nurozi
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5906

Abstract

The purpose of this study is to find out the legislative process of Islamic law in Indonesia and Malaysia in terms of rules and regulations, to explain the position of customary law, and Islamic law in the statutory system in Indonesia and Malaysia, and to find out how the implementation of Islamic law in Indonesia and Malaysia which is a product of legislation. The results showed that the legislative process of Islamic law in Indonesia and Malaysia is colored by various methods so that it is formed into statutory provisions; Islamic legal legislation in Indonesia is the basis for the formation of laws is a reflection of regulations that become the ideology of the state philosophy not only of Islam but also for adherents of other religions. The Islamic law legislation in Malaysia begins with issues requiring legal certainty to ensure that Muslims can overcome the mistakes and problems faced. There are times when fatwas are merely fatwas and not one law. When the fatwa becomes law, if it is approved by the Sultan and agreed upon by the Majlis Mesyuarat of their respective Kingdoms if the regulation is in line with the basis of the determination, then the law can be applied; on the contrary, the established law is not in line with the vision and mission of the nation, then the product of the legislation will disappear control.
Islamic Law and Contemporary Challenges from Fresh Ijtihad Point of View Yusdani Yusdani
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5991

Abstract

The following article highlights how fiqh as a science is developed in the context of the dynamics and demands of humanitarian issues in the contemporary era. The main issue raised in this paper is how the reformulation of fiqh as a science can provide solutions and contribute to solving humanitarian problems such as human rights, the environment, the democratic system, local wisdom and others? To answer these various humanitarian problems, this paper starts from the framework of thought that fiqh as a science in addition to exploring its religious knowledge also needs to be integrated with the humanitarian sciences related to humanitarian issues that are developing at this time. In this way, it is expected that a fiqh study like this will be responsive and a solution to contemporary humanitarian issues. The approach used in this paper is a philosophy of science, history and deconstruction and reconstruction approach to the work of fiqh as science. Based on the results of studies that conducted, it can be concluded that for the development of fiqh as a science, a theoretical device is needed that requires the support of the human sciences that are developing in the contemporary era. That way, the model of fiqh studies with related human sciences is integrative that is multidisciplinary, interdisciplinary or even transdisciplinary.
Taradhin Principle in Fiduciary Guarantee Parate Execution after the Decision of the Constitutional Court No. 18/PUU-XVII/2019 Muhammad Tun Samudra
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i01.5992

Abstract

This article was analyzes the principle of Willingness in the Execution of fiduciary guarantees after the decision of the Constitutional Court Number 18/PUU-XVII/2019, in practice Parate execution can be carried out either with or without the consent of the debtor, such conditions often lead to acts of coercion and violence from fiduciary guarantee holders, even giving opportunities to arbitrary acts committed by fiduciary recipients (creditors) and degrading the dignity of the debtor. From the research conducted, it was found that the application of the principle of willingness in the Parate Execution of fiduciary guarantees by the Constitutional Court provides benefits and prevents harm to debtor and creditors, this can be seen from the main idea of ​​the Court which states that parate Executions should no longer be carried out without an agreement of the customer's and the customer's willingness to return the collateral. If the customer does not admit the defaulted, then the fiduciary holder can submit an application through fiat Execution to the Court.
Negotiating Justice for Muslim Women in Banyumas District: Study of Dissolution of Marriages Due to Domestic Violence Bani Syarif Maula; Vivi Ariyanti
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6024

Abstract

A large number of divorce cases at the Banyumas Religious Court and the Purwokerto Religious Court were filed because of domestic violence. However, the Religious Courts did not use domestic violence as the basis for granting the divorce suit. In its ruling, the court only states that the grounds for divorce are constant quarrels. The increasing number of divorce cases indicates a change in gender relations and power relations between husband and wife in domestic life. The people of Banyumas generally have bilateral or parental kinship characteristics, and women are equal to men. This is in accordance with the Penginyongan culture, which places each individual in an egalitarian way. The husband-and-wife relationship model in Banyumas is senior-junior partner, namely the wife's position is not only as a complement to her husband, but also as a friend, because the wife makes an economic contribution even though the main breadwinner is still the husband. However, patriarchal culture also applies in such a kinship system, so that the husband has more power than the wife because of her position as the main breadwinner. Because of the weak position of women, the Religious Courts serve as the only place for Muslim women to seek justice in order to stop violence against themselves and resolve their domestic conflicts. Filing for divorce has allowed women to be active agents in determining their marital status.
Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity Arif Al Anang; Noorhidayah Noorhidayah
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6476

Abstract

This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multidisciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.
Development of Sharia and Legal Studies in Australia Ann Black
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6506

Abstract

This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multidisciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.
Islamic and Cultural Negotiations in Endogamous Marriage in Kerinci Nuzul Iskandar; Indah Herningrum; Susi Susanti
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6515

Abstract

This article discusses the negotiation of Islam and the culture of Kerinci, Jambi, which is reflected in endogamous marriage activities. This study aims to see how the influence of Islam on endogamous marriages in Kerinci, and how the pattern of Islamic negotiations and the culture in it. This study uses qualitative data obtained through interviews, observation, and document review. Data were analyzed using acculturation and cultural negotiation approaches. The results showed that negotiations occurred when Islam through the concepts of mahram and kafaah influenced the Kerinci people's perspective on the kinship line as a consideration of marriage, so that endogamous marriage became more loosely applied. Negotiations are still ongoing, because the Kerinci custom adds to the category of people who are forbidden to marry outside the mahram provisions. This research is expected to provide a theoretical contribution to understanding cultural diversity and religious practices in Indonesia. However, further research is needed to find out the elements

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