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Journal of Islamic Law

jil
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Published by Institut Agama Islam Negeri Pontianak

ISSN : 27215032 EISSN : 27215040 DOI : 10.24260

Core Subject : Religion, Economy, Humanities, Social,

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

JIL: Journal of Islamic Law emphasizes specifications in the discourse of Islamic Law and Social Institutions, communicates actual and contemporary research and problems concerning Islamic studies. This journal openly accepts the contributions of experts from related disciplines. All published articles do not necessarily represent the views of journals, or other institutions that have links to journal publications. The journal focuses on Islamic law studies, such as Islamic family law, Islamic economic law, Islamic criminal law, Islamic political law, Islamic astronomy (falak studies), with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economics and is intended to communicate the original researches and current issues on the subject. This journal warmly welcomes any contributions from scholars of the related disciplines.

Arjuna Subject : Umum - Umum

Articles 57 Documents

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The Phenomenon of the Death of Sacrificial Animals Before the Day of Slaughter in the Islamic Law Perspective: A Portrait of the Case in Luhak Nan Tigo, West Sumatra Rian Hidayat; Yulmitra Handayani
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

This study departs from the phenomenon of dying the sacrificial animals before the day of slaughtering at Luhak Nan Tigo, a communal in West Sumatra, Luhak Tanah Datar, Luhak Limo Puluah and Luhak Agam. The death of the sacrificial animals before the day of slaughter certainly makes a problem between the Shohibul Kurbaan and the organizing committee to determine the status of ownership and legal an animal itself. The main issues of this paper at least talk about the regulation of the sacrificial animals at Luhak Nan Tigo and the form of settlement by related parties to the phenomenon. This study was analyzed with a qualitative descriptive model that began describing a phenomenon and then drew a concrete conclusion from various basic sharia laws regarding the status of animal ownership and the value of the sacrificial animals itself. The results of the study found that the process of collecting funds and purchasing the sacrificial animals in Luhak Nan Tigo which became one of the regulations in the view of Islamic law didn’t experience debate, ranging from age, ownership status, to the health of the sacrificial animals. However, the phenomenon of the death of this the sacrificial animals has various forms of settlement which are not regulated exclusively by Islamic law, so the solution found is one cow for more than seven people, replace together, two cows for three groups, and replacing one cow with two goats. The settlement is analyzed with Islamic legal sources and some forms of settlement can be said to be less relevant if viewed in terms of the value and essence of the sacrificial animal itself.

Analysis of the Heretical Fatwa of the MUI of West Kalimantan Province No. 01/ MUI-KALIMANTAN BARAT/I/2016 on the Teachings of the Gerakan Fajar Nusantara (GAFATAR) Khamim Khamim
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

This paper discusses the heretical fatwa issued by the MUI of West Kalimantan Province against Gerakan Fajar Nusantara (Gafatar). In the beginning, Gafatar was engaged in social and community affairs, but in its development, the Community Organization taught religious beliefs and understandings that unsettled Muslim communities in Moton Village, Mempawah Regency, West Kalimantan Province. The phenomenon was then followed up by the West Kalimantan MUI by issuing heretical fatwas and calls to repent for Gafatar members. But on the other hand, the ex-Gafatar General Chairperson, Mahful M Tumanurung argues that the teachings of Gafatar are not Islamic, but they adhere to and hold fast to the understanding of Millah Abraham as the Way of God's Truth. This type of research in this paper is field research with an empirical-qualitative approach. Using qualitative data analysis, the results of this study explain that the consideration of the West Kalimantan Province MUI in issuing fatwa Number 01/MUI-West Kalimantan/I/2016 concerning the Teachings of the Nusantara Fajar Movement (Gafatar) is that the teachings carried by the Gafatar sect conflict with the Qur'an, the Hadith and the rules of Usuluddin, especially following the 10 criteria of heresy issued by the MUI. MUI is not authorized to issue fatwas forbidden if the teachings of Gafatar are a new religion, not Islam, because it is contrary to human rights.

SWOT Analysis of the Mempawah Regency Baznas Development Strategy in Collecting Zakat Funds Eko Bahtiar
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

This study departs from the analysis of the development strategy of Mempawah District Baznas in collecting zakat funds. The main problem of this paper is to at least talk about the strategies carried out by Baznas officials so that people in Mempawah want to pay their zakat because in their community they issue less zakat to Baznas, the community issues more zakat for religious leaders. Then from the strategy analyzed using SWOT, a descriptive qualitative study began to describe the symptoms in the field. The research found that Baznas Mempawah District has the power to have zakat collection units for each office that has distributed their zakat to Baznas, many government employees have issued their zakat to Baznas. The threat of Baznas District Mempawah, namely: People are divided into paying zakat, Baznas promotion is still less intensive. The Baznas opportunity is the only BAZ in Mempawah Regency. There is a letter from the District Head of Mempawah regarding the regulation that employees must issue their zakat at Baznas. The threat is that Amil has formed many zakat institutions in each office. Strategies adopted by Baznas District of Mempawah When power meets opportunity, one must build a partnership between BAZ and LAZ so that it is easy to collect funds from the community. Baznas Strategy When Weakness meets opportunity, it increases the quality and quantity of competent resources for young people. Baznas strategy when power meets threats namely; entered into a collaboration between BAZ and UPZ so that UPZ could assist BAZ in collecting zakat from the community. Baznas strategy when weakness meets threats; that is, conducting training for young people, so that young people will be interested in joining Baznas.

Isbat Marriage Resolution in Indonesia: A Maslahah Approach Sudirman Sudirman; Iskandar Iskandar
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

The problems related to Isbat of marriages (isbat nikah) are still arising because marriage without registration is still being done. The weak of regulation and suboptimal efforts to regulate marriages that were not registered after 1974 added to the Isbat of a marriage behavior problem. The focus of this research is Isbat of marriage in a review maslahah. This research uses qualitative descriptive methods. The results showed that Isbat of marriage is examined in terms of maslahah will place it in terms of maslahah hajjiyyah. This is supported in terms of the level of benefit. A marriage will not be able to find perfect happiness if the fulfillment of the Hajjiyah in the marriage is not fulfilled. Moreover, the Isbat of marriage is a way to fulfill administrative requirements in re-registering marriages that have been made. In addition to the position of the issue, there must also be more concrete regulations that regulate certain matters related to marriage issues so that administrative order in marriage is created.

Repositioning of Islamic Economics in the Era of Globalization from the Maqāṣid Syarī’ah Perspective Asyharul Muala
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Economic globalization has become a major stream for the past two to three decades. A multi-dimensional process that demands consistency and integration with all fields in the fields of economy, politics, social, culture, and ideology. The dominance of economic globalization gets stronger since the establishment of the General Agreement on Tariff and Trade (GATT) in the early 1990s. By claiming a noble aim, economic globalization is supported by ideologies that are often considered biased, namely capitalism and liberalism. Capitalism, a winning ideology and has successfully surpassed socialist-communists, remains incomplete as an economic ideology. In this ideology, profits revolve only around particular people; yet, others become exploited victims. This qualitative research presents solutions to global economic problems. Islam, with its sharia economic concept, appears at the right time. Islamic economics is an alternative to answer economic issues. The purpose of the economy itself is not only in the fulfillment of individual needs but also in the creation of mutual benefits. The concepts proposed by Islamic economics is in accordance with maqāṣid syarī'ah, which is to fulfill five basic problems (al-darūriyat al-khams). Thus, those basic needs are fulfilled for the sake of maintaining religion, soul, mind, lineage and human property. To achieve these objectives, some steps need to be taken in implementing Islamic economics, namely, reviving humanity factors, reducing wealth concentration, restructuring current economic, and restructuring current financial conditions.

Contextual Interpretation and the Existence of Women and Their Implications for Equalization of the Inheritance of Men and Women Muhammad Mahsus
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

The times are increasingly demanding more competition in the realm of work which requires the role of women to take part in the competition. The development of the times also has implications for increasing gender equality between men and women and improving the status of career women has spread evenly to the rural corner to help the family economy. This phenomenon makes modern Islamic thinkers try hard to explore legal products that support gender equality, including legal products on contextual interpretations in the form of equalizing the inheritance between men and women. However, these regulations are considered contrary to the rules of the larger in the Islamic Shari'a, which is the argument of the texts of the Koran on the male part and female 2:1. The results showed that the male and female heirs could not be equalized, but instead remained on the rule of 2:1. The results of this study are based on a historical study of the increase in the existence of women who had existed during the revelation, the general provisions in the Shari'a regarding the inheritance of men and women 2:1, and the continuing obligation to provide for the livelihoods charged to men following the nature of their creation. An alternative that allows applying the product of the contextual interpretation of the equalization of the assets of men and women is the distribution of the property of the gono-gini which is shared equally between husband and wife, and then the inheritance of the deceased person to the heirs according to their share.

Fiqh Moderation on Qibla Direction Determination: Flexible Accuracy ABD. Karim Faiz
Journal of Islamic Law Vol 1 No 1 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

One of the conflicts happened in our society is a decision on qiblah accuracy direction. As the writer mentioned, one of the conflicts happened at Nurul Iman Mosque located in Karanglo, Klaten, Central Java. The dispute was driven by a radical attitude towards implementing Fiqh which Alexander Nixitin mentions this motive perspective as a cultural-spiritual world. This study aims at examining how moderate values in Fiqh are used to find qiblah direction. Facing qiblah direction while praying is a must according to Imam Syafi’i. Thus, accuracy is an absolute truth in terms of Fiqh qiblah. However, the implementation should be based on the contextual situation within society. The researcher employs the qualitative approach using library research. The result of the study finds that dissimilar understanding and approach in fiqh qiblah exacerbated by radical attitude lead to a dispute in society. In light of it, a moderate value approach is needed in determining qiblah direction, which aims to reach an agreement on qiblah direction using hisab method, and expectedly these moderate (flexible) values can lessen friction in the society.

The Kaum Existence (Penghulu Adat) in Marriage: A Case Study of the Pekal Community, Ketahun District, North Bengkulu Regency Sidiq Aulia
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

In the life of the Pekal community, Ketahun Subdistrict, North Bengkulu Regency, marriage is often found without going through the KUA (Office of Religious Affairs), in other words not recorded by the State. There are still many Ketahun people in North Bengkulu who do marriages through an intermediary of the Kaum (traditional headman). The purpose of this study was to determine the existence of the Pekal community in marriage. This study uses empirical legal research methods to see the working of law in society and the juridical-sociological approach. The results of research on the existence of people in marriage in the Pekal community are as leaders of traditional marriage ceremonies. The leader of the traditional wedding ceremony is interpreted through the form and symbol of traditional marriage, reflected by social values that are needed in the formation and development of the Pekal community's identity. Likewise, the social value is interpreted, which is one of the things that is very closely related to the life activities of the Pekal community, which in general is a form and arises from every human being.

Halal Certification of the Indonesian Ulema Council on Electronic and Non-Consumer Products from the Maslahah Perspective Hatoli Hatoli
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

The halal aspect of a product is an obligation for Muslim consumers. Along with the development of technology and information, MUI halal certification in addition to consumer products also includes electronic and non-consumer products. The purpose of this research is to add scientific insight into how the MUI halal certification mechanism for electronic and non-consumer products, and how to consider maslahah in determining halal certification for electronic and non-consumer products. This study uses a qualitative research method with a normative juridical approach. The results of the study concluded that the MUI halal certification mechanism on electronic and non-consumption products was carried out at the request of industry players to LPPOM MUI with conditions that must be met in accordance with the halal assurance system, be it halal policy, halal management team, training, materials used, products, production processes, written company procedures, product flexibility, company handling of non-compliant goods, internal audits, and management reviews. Then the conditions that have been fulfilled will be carried out by verification of product facilities until the determination meeting and until the issuance of halal certification for electronic and non-consumer products. The determination of the MUI halal certification on electronic and non-consumption products in the maslahah perspective includes aspects of protection for consumers, especially Muslims and aspects of legal legality as contained in Law Number 33 of 2014 concerning Halal Product Guarantee.

Open Promotion of the Regional Secretary of Sambas Regency: Perspectives on Siyasah Jurisprudence and Legislation in Indonesia Ali Akhbar Abaib Mas Rabbani Lubis
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

This paper discusses the implementation of the open promotion of the Regional Secretary (Sekda) of Sambas Regency in 2017, the reign of Atbah Rohim Suhaili in the 2016-2021 period. This got a response from Governor of West Borneo regarding the actions of the Bupati who did not comply with procedures or did not first consult with the Governor. Even though, the open promotion was successfully implemented on a national scale. However, the implementation of the open promotion was not confirmed by the evidence of results or the value of open and competitive selection by the official website of the Sambas Regency Government (sambas.go.id). This research is included in a qualitative cluster with a statute approach which involves the siyasah dusturiyah in the fiqh siyasah study cluster and is complemented by the fieldwork approach. The result is that the stages of the open promotion of JPT Pratama Regional Secretary of Sambas Regency have been carried out in accordance with the Act of 2014 Law, the stages in the description of the implementation of Sambas Regional Secretary’s open promotion in general, if it is connected with Islamic principles there is certainly no prohibition. The appointment process in the leadership of Khulafa al-Rasyidin also had different ways of implementation and stages, so that there were no standard stages of implementation regulated in Islam. In addition, ASN Act 2014 and the implementation of the open promotion of the Regional Secretary of Sambas Regency are viewed more carefully and deeply. There are several findings that need to be explained here. Moreover, ASN Act of 2014 and the implementation of the open promotion of the Regional Secretary of Sambas Regency are not infallible without weakness (fallible). The findings obtained are confusion and inconsistency in the ASN Act of 2014.

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Muhammad Lutfi Hakim

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luthfyhakim@gmail.com

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+6285740845666

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luthfyhakim@gmail.com

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Jl. Letjend Suprapto No. 19 Pontianak, Kalimantan Barat 78113, Indonesia

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Kota pontianak,

Kalimantan barat

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Lutfi Hakim

Contact Email luthfyhakim@gmail.com

Phone +6285740845666

Journal Mail Official luthfyhakim@gmail.com

Editorial Address Jl. Letjend Suprapto No. 19 Pontianak, Kalimantan Barat 78113, Indonesia

Location Kota pontianak, Kalimantan barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Lutfi Hakim

Contact Email
luthfyhakim@gmail.com

Phone
+6285740845666

Journal Mail Official
luthfyhakim@gmail.com

Editorial Address
Jl. Letjend Suprapto No. 19 Pontianak, Kalimantan Barat 78113, Indonesia

Location
Kota pontianak,

Kalimantan barat

INDONESIA