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[Konstruksi Filosofis Fatwa DSN-MUI ]]>
<![CDATA[Fateh, Mohammad]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[IAIN Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1736
<![CDATA[This article aims to examine the method of ijtihad (independent reasoning) that is applied in constructing the fatwas issued by the National Sharia Council (DSN) under the Indonesian Ulema Council (MUI) as well as its philosophical values by deeming the use of fiqh (Islamic jurisprudence) rules in terms of maslahah (benefits). A qualitative approach was employed in the study by exploring the DSN-MUI fatwas enacted ranging from 2000 to 2017. This present study highlights that the DSN-MUI used three approaches in establishing its fatwas, namely: naṣ qaṭ’i (definitive Islamic law in the Qur’an and Hadith), qauli (Muslim scholars’ perspectives), and manhaj (methodological interpretation). Additionally, the DSN-MUI completely concerned maṣālih ‘āmmah (public interests) and the objectives of Islamic law (maqāsid ash-shari’ah). Another finding promotes that 37 different types of fiqh rules were applied in the DSN-MUI fatwas, which were repeated 242 times. The Islamic jurisprudence rule that was widely implemented covered “the legal origins of muamalat (transactions) are permissible as there are no Islamic sources (dalil) that forbid them”. The quantity of use was 78 times with a percentage of 32.2. Furthermore, it can be noticed that 11 fiqh rules internalizing philosophical values were repeated 112 times. This study also offers that it is noteworthy to provide more norms of maqāsid ash-shari’a since there are lots of current issues in muamalat that have no legal considerations in the naṣ qaṭ’i.]]>
<![CDATA[Wakaf Uang Untuk Infrastruktur Dalam Prespektif Hukum Islam ]]>
<![CDATA[Fadhlullah Mudzakkir]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1741
<![CDATA[This article is to find out the Money Waqf for infrastructure in the perspective of Islamic law. Money Waqf can be a bridge for improving the economy in Indonesia as well as reducing the gap between rich and poor, one way to maximize the role of waqf is infrastructure investment channels. This study is a research library with a juridical and normative approach, it can be concluded by looking at benefits and benefits as well as cash waqf money is a sunnah (recommended), while according to MUI it states that the legal money waqf is permissible and can only be distributed and used for things that are allowed in shar'i and the principal value of the waqf of the money must be guaranteed for its sustainability, may not be sold, granted, and / or inherited.]]>
<![CDATA[Studi Fatwa Nahdlatul Ulama (NU) No. 005/MNU-33/VIII/2015 Tentang Hukum Alih Fungsi Lahan Perspektif Maslahah ]]>
<![CDATA[Sulhani Hermawan]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1743
<![CDATA[This paper highlights that Nahdlatul Ulama (NU), Indonesia’s largest Muslim organizations,contributes its basic principles to food sovereigntyover the country. One of the national contributions is demonstrated throughthe fatwa No. 005/MNU-33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Lawissued when holding the 33rd NU national congress (muktamar) in Jombang, East Java.The fatwa issuance denotes an alternative to enhance Indonesia’s food sovereignty. This present study aims to investigate the Islamic edict concerning land use conversion law in the perspective of maslahah (public interests/benefits). A qualitative approach was employed in this library research. The fatwa No. 005/MNU-33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Law was used as the primary data. The study applies the theory of maslahah to analyze the data. The finding promotes that the law argument over the haram aspect of the land use conversion in the fatwa indicates the existence of maslahah and the prevention of darar (harm conditions) due to the land conversion.]]>
<![CDATA[Problematika Konsep Kafa’ah dalam Fiqih (Kritik dan Reinterpretasi) ]]>
<![CDATA[Ali Muhtarom]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1739
<![CDATA[The concept of kafaah (equality) in Islamic marriage aims to avoid the negative impact of inequality between husband and wife in terms of physical appearance, heredity, wealth, and religion. Nonetheless, the aspect of equality in various respects may trigger a negative effect; it is caste as a closed social stratification system that contradicts Islamic teachings. This present study aims to explore the problematic factors that emerge from the application of the kafaah concept and tries to reconceptualize kafaah in realizing an Islamic marriage that does not characterize a caste system. A qualitative approach was designed in this library research. The findings expose that the criteria in the concept of kafaah, excluding religion, may lead to social stratification and even discrimination in society, specifically for marital life. Consequently, it is noteworthy to re-understand the concept of kafaah, which is emphasized more on religion rather than other criteria.]]>
<![CDATA[Filosofi Dasar Akad Murabahah dan Mudarabah: Studi Perbandingan dalam Upaya Menggerakkan Sektor Riil ]]>
<![CDATA[Ahmad Munif]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1744
<![CDATA[This present study highlights Murabaha (mark-up or cost-plus financing) and Mudaraba (profit-and-losssharing), modes of financing in Islamic financial institutions. Murabaha is a contract of sale that is ranked as the most popular Islamic banking product. Practically, this contract tends to be intendedfor consumptive economic activities. Meanwhile, Mudaraba is based on the profit-and-loss sharing system and applicable for productive business activities. Essentially, productive economic activities play a more pivotal role in promoting economic growth in the real sector widely. Conversely, consumptive economic ones do not give much impact on it. This study aims to explore the philosophical basis of the application of the two contracts.A comparative approach was employed in this study by comparing the philosophy of the two contracts respectively. The comparative results were analyzed descriptively by applying a philosophical approach. The findings expose that one the one hand, Mudaraba is more suitable for fostering the real sector basedon its own philosophy. On the other hand, Murabaha is considered more appropriate to be used for consumptive needs eventhough it can be allocated to the real sector with certain conditions. It indicates that Murabaha gains a wide array of popularity due to the philosophy established in this mode of Islamic financing.]]>
<![CDATA[BPJS Kesehatan dalam Perspektif Hukum Islam (Studi Fatwa Majelis Ulama Indonesia dan Fatwa Nahdlatul Ulama) ]]>
<![CDATA[Mughni Labib]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1738
<![CDATA[This paper elaborates the fatwa of the Healthcare and Social Security Agency (BPJS Kesehatan) issued by the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU), Indonesia’s largest Muslim organization. The MUI and NU declared their own fatwa on BPJS Kesehatan. The MUI labeled that BPJS Kesehatan contravened Islamic law, whereas the NU promoted that the national health insurance aligns with the law. These two fatwas trigger polemic in the country. A qualitative study was designed by employing usul al-fiqh (Islamic jurisprudence) and sociological approaches. The study used documentation and interviews to collect data concerning the MUI and NU fatwas on BPJS Kesehatan. The interactive model of Miles & Huberman was adopted to analyze the data. The results reveal that the issuance of the MUI and NU contradictory fatwas against BPJS Kesehatan was due to the use of different Islamic sources (dalil) and overlooks in drafting the edicts. The MUI emphasized more on several elements involved in the health insurance that were inconsistent with sharia law such as riba (interest), gharar (uncertainty), and maisir (gambling). Conversely, the NU highlighted a formal aspect stipulating that BPJS Kesehatan represented a social agency that benefited lots of people. This study also points out that some factors causing the variety of fatwas on BPJS Kesehatan between the MUI and NU covered the understanding and application of the dalil in relation to the edict formulation and the influence of socio-political atmospheres at the time of fatwa issuance.]]>
<![CDATA[Politik Hukum Islam dalam Pengaturan Tentang Kesusilaan di Indonesia (Studi UU Nomor 44 Tahun 2008 Tentang Pornografi) ]]>
<![CDATA[Ismail Marzuki]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1745
<![CDATA[This article tries to explore how the influence of Islamic law politics in drafting Law No. 44 of 2008 on Pornography. A qualitative approach was employed in this study. The treatise of Indonesia’s Pornography Law was collected as the primary data. The findings expose that there was the effect of Islamic law politics in drafting Law No. 44 of 2008 on Pornography. It can be noticed from the active involvement of Islamic political parties in parliament and the House of Representatives (DPR) members from the nationalist parties possessing an Islamic background in promoting the law enactment. Likewise, the Indonesian Ulema Council (MUI) and Islamic mass organizations also actively encouraged the issuance of this law. Another result highlights that there was a strong debate between political fractions in the DPR, including the Gerindra Party (PG), the United Development Party (PPP), the Democratic Party (PD), the National Mandate Party (PAN), the National Awakening Party (PKB), the Democratic Vanguard Star (BPD), the Star Reform Party (PBR), the Prosperous Justice Party (PKS), and the mass organizations that proposed the ratification of the Pornography Law draft, and other fractions, namely: the Indonesian Democratic Party of Struggle (PDIP), the Prosperous Peace Party (PDS), and the mass organizations that supported the refusal of the law draft ratification]]>
<![CDATA[Maqasid Al-Syari’ah Mazhab Syafi’i dan Urgensinya dalam Ijtihad Kontemporer ]]>
<![CDATA[Holilur Rohman]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1737
<![CDATA[This paper is intended to find aspect of maqasid al-syari’ah in the Mazhab Syafi`i and urgency of the maqasid al-syari’ah of Mazhab Syafi`i in the Ijtihad of contemporary Islamic legal. This paper is a literature study, and is a descriptive - analytical study. The study in this paper shows that the aspect of maqasid al-syari’ah 'in the Mazhab Syafi'i is: Imam Shafi'i uses qiyas, Al-Juwaini contributes to the division of al-maslahah al-daruriyyah, al-hajiyyah, and al-tah si niyyah, then additional explanation of Al-Ghazali about al-daruriyyah al-khams which became basic footing in establishing Islamic law. maqasid al-syari’ah 'in the Mazhab Syafi'i as a foundation for ijtihad is used when a new event occurs that has no legal decision at all in the past and there needs to be legal certainty, or there has been a decision but it needs re-ijtihad because it is not appropriate with the current conditions, or ijtihad is re-done because there are different aspects of benefit so it needs a new law that is different from the previous law]]>
<![CDATA[Konstruksi Filosofis Fatwa DSN-MUI ]]>
<![CDATA[Mohammad Fateh]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1736
<![CDATA[This article aims to examine the method of ijtihad (independent reasoning) that is applied in constructing the fatwas issued by the National Sharia Council (DSN) under the Indonesian Ulema Council (MUI) as well as its philosophical values ​​by deeming the use of fiqh (Islamic jurisprudence) rules in terms of maslahah (benefits). A qualitative approach was employed in the study by exploring the DSN-MUI fatwas enacted ranging from 2000 to 2017. This present study highlights that the DSN-MUI used three approaches in establishing its fatwas, namely: naá¹£ qaá¹â€™i (definitive Islamic law in the Qur’an and Hadith), qauli (Muslim scholars’ perspectives), and manhaj (methodological interpretation). Additionally, the DSN-MUI completely concerned maá¹£Älih ‘Ämmah (public interests) and the objectives of Islamic law (maqÄsid ash-shari’ah). Another finding promotes that 37 different types of fiqh rules were applied in the DSN-MUI fatwas, which were repeated 242 times. The Islamic jurisprudence rule that was widely implemented covered “the legal origins of muamalat (transactions) are permissible as there are no Islamic sources (dalil) that forbid themâ€. The quantity of use was 78 times with a percentage of 32.2. Furthermore, it can be noticed that 11 fiqh rules internalizing philosophical values were repeated 112 times. This study also offers that it is noteworthy to provide more norms of maqÄsid ash-shari’a since there are lots of current issues in muamalat that have no legal considerations in the naá¹£ qaá¹â€™i.]]>
<![CDATA[Maqasid Al-Syari'ah Mazhab Syafi'i dan Urgensinya dalam Ijtihad Kontemporer ]]>
<![CDATA[Holilur Rohman]]>
<![CDATA[ Jurnal Hukum Islam Volume 16, Nomor 2, Desember 2018 ]]>
Publisher : <![CDATA[Faculty of Sharia, University of KH. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1737
<![CDATA[This paper is intended to find aspect of maqasid al-syariah in the Mazhab Syafi`i and urgency of the maqasid al-syariah of Mazhab Syafi`i in the Ijtihad of contemporary Islamic legal. This paper is a literature study, and is a descriptive - analytical study. The study in this paper shows that the aspect of maqasid al-syariah 'in the Mazhab Syafi'i is: Imam Shafi'i uses qiyas, Al-Juwaini contributes to the division of al-maslahah al-daruriyyah, al-hajiyyah, and al-tah si niyyah, then additional explanation of Al-Ghazali about al-daruriyyah al-khams which became basic footing in establishing Islamic law. maqasid al-syariah 'in the Mazhab Syafi'i as a foundation for ijtihad is used when a new event occurs that has no legal decision at all in the past and there needs to be legal certainty, or there has been a decision but it needs re-ijtihad because it is not appropriate with the current conditions, or ijtihad is re-done because there are different aspects of benefit so it needs a new law that is different from the previous law]]>
