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Journal of Islamic Law
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 7 Documents
 1 
Search results for , issue "Vol 1 No 2 (2020): Journal of Islamic Law" : 7 Documents clear
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (620.559 KB) | DOI: 10.24260/jil.v1i2.43

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (651.535 KB) | DOI: 10.24260/jil.v1i2.45

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.34 KB) | DOI: 10.24260/jil.v1i2.56

Abstract

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.
Dynamics of Marriage Age Limits in Indonesia: A Study of Psychology and Islamic Law Yusuf Yusuf
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (620.892 KB) | DOI: 10.24260/jil.v1i2.59

Abstract

Article 7 of Law No. 1 of 1974 established that the minimum age of marriage for men is 19 years old and women 16 years old. The regulation was amended through Law No. 16 of 2019 which sets the minimum threshold for marriage for men and women to be married is a minimum age of 19 years. Changes to the minimum marital boundaries are of course intended that the age of marriage becomes an inward part with the goal of marriage, animating the basis of marriage and it is hoped that in the future it will be able to minimize conflicts in the household. Unfortunately, the marriage age limit still causes dynamics. By using library research, there are three results of this study. First, Islamic law does not specify a minimum age for a bride and groom who will carry out the marriage. The foqoha’ differ in opinion in determining the age of maturity of a person in carrying out marriage but has the same goal, namely to establish goals rather than Islamic law. Second, psychologists think that the age of adulthood (adolescent) is right in carrying out marriage, that is someone who is 21 years old and so on. Third, the consequences of premature marriages will arise legal problems, biological problems, psychological problems, social problems, and problems of deviant sexual behavior.
Criticism of Feminist Thought on the Rights and Obligations of Husband and Wife from the Perspective of Islamic Family Law Agus Hermanto; Habib Ismail
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.072 KB) | DOI: 10.24260/jil.v1i2.61

Abstract

In the Islamic concept that the husband is the head of the household and the wife is the housewife, but the development of the wife is looking for income in public spaces. What is interesting to study is, is it possible for the wife to become a partner in the household? With the aim, to get scientific insights about the rights and obligations of husband and wife that are relevant to the current context. This study is a library study that has qualitative research types. For criticizing the feminist concepts about the rights and obligations of husband and wife, I used Maslahah theory with philosophical-sociological approach. Feminists interpret the rights and obligations of husband and wife in the household, arguing that contextually the wives are no longer in charge of being housewives, but rather help to make a living in the public sphere, for the sake of justice, equality, democracy and doing good. Things this is not an absolute thing, but an offer and casuistic that should not be provoked because the concept of Islam has brought benefit if applied properly.
Fiqh Conception of the Jamā’ah Tablīgh’s Da'wah during the Covid-19 Pandemic: A Study of the Da'wah Movement of the Jamā’ah Tablīgh in Gorontalo Ahmad Zaenuri
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (989.768 KB) | DOI: 10.24260/jil.v1i2.68

Abstract

This study aims to uncover the conception of jurisprudence used by the Tablighi Jama’at understanding the activities of da’wah and worship during the 2019 Coronavirus Disease pandemic. This is considered important because 68% of the positive case of the coronavirus in Gorontalo has close links with the activities of the Tablighi Jama’at during the pandemic season. This type of research uses qualitative research with the main approach in terms of phenomenology. Through a phenomenological approach, there are two main things that researchers will do. First, textual description, which is observing and analyzing factual data and events that occur empirically. Second, structural description. At this stage, the researcher interprets the opinions, judgments, feelings, and other subjective responses of the research subjects. As for the data that are argumentative, religion is reviewed with the fiqh and ushul fiqh approaches. The results of this study indicate that the conception of the Jamā’ah Tablīgh dakwah carried out during the pandemic was purely Ijtihādi several figures (amīr) based on the literal use of the Qur’an and Sunnah without much considering the aspects of mashlahah and social mudharat. If it is analyzed based on the method of determining the fiqh law in qiyās and sādd al-dzarī’ah implementing Ijtimā Da’wah Jamā’ah Tablīgh among a pandemic is not in line with the principles of the syarī’ah (maqāshid al-syarī’ah) that is to protect the human soul (hifdzu al-Nafs) and not in line with the prevailing conception of jurisprudence.
‘Iddah and Ihdād for Career Women from Islamic Law Perspective Ahmad Khoiri; Asyharul Muala
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (644.745 KB) | DOI: 10.24260/jil.v1i2.71

Abstract

Islam enforces the iddah period for women who are being divorced by their husbands or their husbands have died. During this waiting period, women are limited in making up or grooming themselves and leaving the house (ihdad). The provision regarding the iddah period becomes problematic when faced with women who have to work to meet the needs of themselves and their families. This paper aims to explain the law for women who continue to carry out their daily lives by working outside the home from an Islamic perspective. The type of research that the author uses in this paper is a literature study. The author concludes that women working during the iddah period do not violate the provisions of the iddah period and continue to carry out the iddah period, even though the woman leaves the house to earn a living and the conditions vary. The prohibition for women during the iddah period is that it is haram to marry another man, it is forbidden to leave the house unless there is an emergency reason and it is obligatory to perform ihdad. Regarding professionalism in work, especially career women in their respective fields, it must be used as a form of carrying out Islamic law and carrying out their nature as a social human being. By considering moral ethics, iddah has protection in modern development, especially for women who are active in their respective fields.

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