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Muhammad Lutfi Hakim
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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 57 Documents
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Contemporary Haqiqī Calculation: Analysis of Rinto Anugraha's Lunar Eclipse Calculation Methods 'Alamul Yaqin
Journal of Islamic Law Vol 3 No 1 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i1.531

Abstract

Classical Islamic astronomy literature that discusses eclipse calculations still uses the ḥaqiqī bi al-taqrīb method with low accuracy. In its development, Islamic astronomical literature studies the calculation of lunar eclipses with high accuracy, including Mekanika Benda Langit work by Rinto Anugraha. This article aims to analyze the calculation method and accuracy of the Rinto Anugraha lunar eclipse and compare it with Jean Meeus, Bao Lin Liu, and Alan D. Fiala's calculations NASA (National Aeronautics and Space Administration). Using bibliographic research and descriptive-comparative methods, the author finds that the method of calculating the lunar eclipse of Rinto Anugraha is contemporary haqiqī. The calculation of the lunar eclipse proposed by Rinto Anugraha is based on Jean Meeus' lunar eclipse calculation, and slight modifications are using NASA data. Rinto Anugraha's lunar eclipse calculation has a high level of accuracy because it has the most significant average difference of 3 minutes 36 seconds in the penumbral eclipse begins stage with the results of the lunar eclipse calculations from Jean Meeus, Bao Lin Liu and Alan D. Fiala, and NASA. Anugraha's contemporary calculation method has implications for simplifying the lunar eclipse calculation formula and the range of lunar eclipses that can be calculated further.
Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia Siti Aminah; Arif Sugitanata
Journal of Islamic Law Vol 3 No 1 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i1.556

Abstract

As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only after independence that efforts to reform and codify Islamic family law began, marked by the stipulation of the jurisdiction of the federal territorial government and the territorial government into thirteen states. The codification of family law began with establishing a committee to amend Islamic law and be guided by other Islamic countries. The authors find four areas of marriage that have been reformed in Malaysia, namely the age limit for marriage, marriage registration, polygamy, and divorce. Among the four areas of marriage law, the authors find slight differences in regulations on the technical and material grounds in each state in Malaysia.
Taqnīn Method of Qānūn Jināyah and Problems of Its Implementation in Aceh, Indonesia Sakhowi Sakhowi
Journal of Islamic Law Vol 3 No 2 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i2.817

Abstract

Since its emergence during the Abbasid period, the idea of taqnīn fiqh (codification of Islamic jurisprudence) has caused controversy. The controversy is getting more complex with the ratification of Aceh Qanun No. 6 of 2014 on Jinayat Law (Islamic criminal law) in Indonesia, which is not an Islamic country. This article aims to analyze the taqnīn method and the problems of implementing the Qānūn Jināyah in Aceh. This article is library research using content analysis. The author found that the Qānūn Jināyah in Aceh, seen from the taqnīn ‘Abd al-Bar method, in terms of its coverage area, is included in the mandatory qaḍā’ (māliyyah, syakhṣiyyah, and jinā’iyyah) namely problems that have the character to be resolved in court. In its source, the Qānūn Jināyah uses the dominant regional school of thought (Syafī’ī’s school) and other schools if there is a benefit, but only as an alternative. In its implementation, the Qānūn Jināyah caused controversy even though Aceh received regional autonomy and the Qānūn Jināyah was under juridical regulations. Its presence is still not accepted by numerous groups, both from within and outside. Enforcement of Qānūn Jināyah, such as caning, is considered a violation of human rights. The Qānūn Jināyah tends to discriminate against women, non-Muslims and the poor. The assessment that the qānūn violates human rights is from a different perspective. In the legal-normative context, the qānūn is legally valid in Indonesia in terms of procedure and substance because it has gone through the correct manufacturing process and has gone through the evaluation stage by the central government.
The Problems of the Relationship between Science and Religion in Qibla Direction Calibration at the Great Mosque of Demak and Baiturrahman Mosque in Semarang, Indonesia Ahmad Izzuddin
Journal of Islamic Law Vol 3 No 2 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i2.823

Abstract

The relationship between science and religion in the practice of Islamic law (fiqh) is dilemmatic. On the one hand, science is in harmony with religion, and the two are mutually exclusive on the other hand. This article includes the last category by presenting evidence from two cases of Qibla direction calibration in Indonesia. The author focuses on the disagreement between fiqh and scientific results on the calibration of the Qibla direction at the Great Mosque of Demak and Baiturrahman Mosque in Semarang, Indonesia. Using literature research and content analysis, the author finds that fiqh’s rejection of science lies in the intersection of fiqh with Sufistic elements and the reality of social establishment. In the Qibla’s case direction at the Great Mosque of Demak, they believe that Sunan Kalijaga determined the direction of the Qibla in the mosque, and the mosque has a switched historic value. In contrast to the case of the Qibla direction at the Baiturahman Mosque in Semarang, which has no historical value and the Qibla direction was previously determined using a simple tool, they reasoned that changing the prayer lines in the mosque could cause discomfort and lack of stability for the congregation when carrying out prayer rituals. Thus, a scientific integration approach is needed in handling the gap between science and religion in religious practice in Indonesia.
Ketahanan Keluarga Long Distance Relationship dan Relevansinya terhadap Pembangunan Hukum Keluarga di Indonesia Tiara Rismayanti; Danu Aris Setiyanto; Muhammad Auzai
Journal of Islamic Law Vol 3 No 2 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i2.842

Abstract

Long-Distance Relationships (LDR) families have more complex challenges than families living under one roof (proximal romantic relationships). Interestingly, some LDR families in Ngawi, Indonesia, can maintain their family relationships to be harmonious. This article explores the strategies used by the LDR family in realizing a harmonious family and its relevance in the development of Islamic family law in Indonesia. This article focuses on the six LDR families in Ngawi and analyzes them using psychological approaches and family resilience theory. Using case study research, the authors found that LDR families have six strategies to realize harmony in their families. Commitment strategies, effective communication, inner comfort, economic fulfillment, spiritual improvement, and mutual understanding to realize harmony in their families. The psychological approach used to understand couples indicates an emotional connection in the family. Thus, the authors argue that the construction of family law needs to focus on aspects of psychology that are associated with aspects of economics and communication. The first aspect fulfills the right of birth in the family, while the latter fulfills the inner right of the mother. Both aspects are essential to the LDR family and require balance.
Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia Abd. Karim Faiz; Zulfahmi AR; Ahmad Izzuddin
Journal of Islamic Law Vol 3 No 2 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i2.848

Abstract

The relationship between state law and religion (Islamic law) is still problematic in its implementation. This problem occurs in practising divorce outside the court in Situbondo, Indonesia. Its case is interesting because it is still considered legal by the community and religious leaders according to religious law even though the divorce decision has not been received from the court. This legal phenomenon is contrary to positive law in Indonesia. This article aims to explain the practice of divorce outside the court in Situbondo and the authority problem between state law and Islamic law. After conducting intensive field research for three months with perpetrators of out-of-court divorce, religious leaders, and the Head of the Office of Religious Affairs, the authors found that the widespread practice of divorce outside the court was caused by the influence of religious leaders’ understanding and public understanding. This understanding becomes the doctrine that divorce in Islamic law is legal without having to await a divorce decision from the religious court. The authors stated that the dominance of the authority of Islamic law over state law in the practice of divorce in Muslim societies has negative implications for the rights of children and ex-wives.
Between Culture and The Sacredness of Fiqh: The Role of Lebe in Child Marriage Practices in Brebes, Indonesia Arifah Millati Agustina
Journal of Islamic Law Vol 3 No 2 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i2.858

Abstract

This article analyses the role of lebe (penghulu or local marriage officiant) in the practice of child marriage in Brebes, Indonesia. Ranked second after Indramayu, Brebes is a district that still has a Sundanese cultural heritage with its deep-rooted practice of child marriage. The fundamental question in this article is, what is the role of lebe in the practice of child marriage in Brebes? Is child marriage in Brebes a generic culture from its predecessors, or is this culture a form of cultural appropriation (perpetuating a culture that is not its own because of cultural domination)? Using a socio-legal research framework, the author argues that lebe plays a vital role in rooting the practice of child marriage in Brebes. His understanding of classical fiqh (Islamic jurisprudence) as a dogma legitimizes the practice of child marriage in Brebes. He prioritizes aspects of the readiness of the bride and groom rather than the minimum age limit for marriage regulated by the state. Besides the role of lebe, the understanding of the community who views that the age of marriage is relative, women must be protected, the culture of child marriage as a stepping stone to a better life, and the cultural war between populists (community) and elitists (village government officials), distrust of education is another factor that perpetuates the practice of child marriage in Brebes.
Reconstruction of Women’s Fiqh: An Analysis of Muhammad Shahrūr’s Contemporary Reading in a Hermeneutic Perspective Syamsul Wathani; Habib Ismail; Akhmad Mughzi Abdillah
Journal of Islamic Law Vol 3 No 2 (2022): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v3i2.860

Abstract

The discourse of women’s fiqh (Islamic jurisprudence) on gender issues is still confined to authoritarianism and classical fiqh hegemony, which ignores the existence and changes in contemporary reality. Several contemporary Muslim scholars have responded and attempted to reconstruct the women’s fiqh, including Muhamamd Shahrūr. This article aims to analyze the methodological thinking of Shahrūr’s women’s fiqh in the agency of criticism of fiqh exclusivism and the reconstruction of women’s fiqh into a more comprehensive formulation of fiqh that is under social reality. This article is a literature study using the method of philosophical-hermeneutic analysis and made two of his works, Al-Kitāb wa al-Qur’an: Qirā’ah Mu’āshirah and Nahwa Ushūl Jadīdah li Fiqh al-Islamī: Fiqh al-Mar’ah, as primary data. The writers found that Shahrūr carried a contemporary reading (qirā’ah al-mu’āshirah) by making objective reality (al-wāqī’) the basis for reconstruction in his first work. In his second work, Shahrūr criticizes the mainstream view of Islamic exclusivism in laws relating to women. Based on his two works, the authors argue that the interpretation of contemporary women’s fiqh must be based on reality (rather than texts), scientific and technological advancements, a reconstructive attitude that gives a larger portion of reason and reality, and a new category of the logic of discovery.
Examining the Impact of the Book of Enoch, Sefer Yetzirah, and Greek Civilization on the Jewish Calendar System: An Islamic Astronomical Law Perspective Youla Afifah Azkarrula; Susanne M. Hoffmann; Ahmad Izzuddin
Journal of Islamic Law Vol 4 No 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1153

Abstract

This article analyzes changes in the reference system of the Jewish Calendar. Initially, the Jewish Calendar reference was based on the movement of the Sun. However, the calendar system used by the Jewish community worldwide now refers to two celestial objects, the Sun and the Moon. This study is literature research with a qualitative approach and uses the Book of Enoch and the Sefer Yetzirah as primary sources. The authors found that the first reference system of the Jewish Calendar, which was based on the movement of the Sun (Solar), follows the description in the Book of Enoch and the Sefer Yetzirah. These two books explain the calendar system used by Prophet Idris to Prophet Moses. The Solar Calendar reference system was later replaced with the Lunar Calendar in the second century BCE. Six centuries later, the Jewish Calendar returned to using a Solar Calendar combined with the Lunar Calendar, known as the Lunisolar Calendar. The latest reference system is a mathematical calendar with the Metonic cycle that refers to the movement of the Sun and Moon. The authors argue that the influence of the Greek civilization and the adjustment of the difference between the Lunar and Solar Year caused the changes in the reference system of the Jewish Calendar.
Integration of New Media and Prophetic Communication Enhanced for Zakah, Infāq, Ṣadaqah, and Waqf Fundraising: A Case Study of Baitulmaal Munzalan Indonesia Rasiam Rasiam; Umiyati Umiyati; Habibullah Habibullah; Dimas Kenn Syahrir; Muhammad Said
Journal of Islamic Law Vol 4 No 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1167

Abstract

Recent developments in Islamic philanthropic practices have shifted from traditional to modern ways through the use of information technology. This article seeks to analyze how prophetic communication is integrated by Baitulmaal Munzalan Indonesia (BMI) in its use of new media to enhance Zakah, Infāq, Ṣadaqah, and Waqf (Ziswaf) fundraising. This research uses a qualitative method by conducting field work through primary and secondary data collection. Primary data were collected through observation and interviews with members of the executive board and managers of this institution, while secondary data were obtained by exploring its website and social media. We found that the BMI has been using a number of new media, both online media and social media, to build the trust of the Muslim community in charity. Millennials are recruited as agents to carry out all of the BMI’s carefully planned programs. Through its social media, the BMI uses prophetic communication by involving several well-known ustadz (preachers) on social media as ambassadors for Ziswaf fundraising. We argue that the transformation of new media that communicate religious messages and are supported by the millennial movement has become an ecosystem for collecting, managing and distributing Ziswaf funds in its latest practice.

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