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Anak di Luar Kawin dalam Hukum Kewarisan Islam: Sebuah Ragam Perspektif dan Analisa Ahmad Rezy Meidina
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marriage. Not only that case, but we also find many people in Indonesia who practice unregistered marriages. These cases from both practices have causes and effects on the status of children, which is in the context of inheritance, both Islamically and legally in Indonesia. Therefore, regarding the child's status, it is necessary to ask what the status of his inheritance is. The author uses library research methods or literature studies to answer these questions. In this case, the results of this research will be found from various literature and perspectives to resolve the status of children out of marriage with a broader explanation. From the author's search, it was found that children who birth from fornication (out of Islamic marriage) did not get a share of the inheritance. Meanwhile, the status of a child from an unregistered marriage also does not get an inheritance as long as it cannot be adequately proven.

Bermazhab adalah Keniscayaan Sejarah Khoerul Umam
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

At the time of the Prophet Muhammad SAW, Islamic law was never different because the Prophet Muhammad was the only human being who had the authority and legality to convey Islamic law through the al-Quran and Hadis. The understanding of the companions at the time of the Prophet Muhammad SAW had the same legal perspective on each of the same problems and if they found a new problem they only asked for the law from the Prophet Muhammad. After the Prophet Muhammad’s death, differences of opinion began to occur among the Muslims. This happened because the Prophet Muhammad himself had said to do ijtihad if he did not find the law in the al-Quran and Hadis. Therefore, the companions had their own ijtihad in solving the problems they faced. In the next era, differences of opinion continued to occur, even the implications of these differences formed a mazhab that still exists today. The Muslim community cannot be separated from the mazhab because in making Islamic law or the method of making Islamic law, they must use the work of the scholars of the mazhab.

Madzhab Fikih Indonesia: Akar Historis dari Arab hingga Indonesia Ahmad Zayyadi; Wahyu Heru Pamungkas
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Indonesian fiqh are that is determined based on the personality and character of the Indonesian nation according to Hasbi as-Shiddiqi. In Indonesia, in fact, the most widely followed school of jurisprudence in Indonesia is the thought of Imam Syafii. Imam Syafii was born in Gaza (near Palestine) in 150 H and died in 204 H. The Shafii school of jurisprudence was brought by missionaries and scholars who came to Indonesia to spread Islam. After this Islamization, the indigenous clerics appeared and it was later discovered that all of them were supporters of the Shafi’i school. Hasbi Ash-Shiddieqy and several other Indonesian scholars, who are the initiators of Indonesian Fiqh, have the idea that situations and conditions such as those above have had a fairly dominant influence in the emergence of Indonesian Fiqh ideas, that the principles of Islamic law actually provide wide space for development and ijtihad- new ijtihad. The foundations of Islamic law that have been established so far, such as ijma’, qiyas, maslahah mursalah, ‘urf, and the principle of “change of law due to changes in time and place”, will actually reap discrepancies when there is no new ijtihad. The theory and method used in this article is a historical framework by using a comparative study of the Arabic madhhab and the Indonesian madzhab, thus finding a study of living fiqh with an Indonesian perspective.

Putusan MK Nomor 86/PUU-X/2012 Dilihat dari Perspektif Fiqih Siyasah: Respon Politik Hukum Masyarakat Sipil melalui Judicial Review UU No. 23 Tahun 2011 Tentang Pengelolaan Zakat Imron Hamzah
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

After the issuance of the Zakat Management Act No. 23 of 2011 as a part of which was intended to improve the previous Law (Law No. 38 of 1999) it still reaped contra from the community, especially private amil zakat institutions. Considering that the existing laws were deemed insufficient to accommodate the potential development of zakat in Indonesia, Commission VIII of the House of Representatives of the Republic of Indonesia formulated the new law on zakat management. However, since Law no. 38 of 1999, which previously had regulated the Management of Zakat, followed by a new law instead caused controversy among practitioners, academics, the public, the Amil Zakat Institution (LAZ) and other stakeholders. The fact that proves the existence of this controversy is the application for a judicial review to the Constitutional Court/MK. The applicants submitted a judicial review of several articles in the zakat management law based on four main points, namely the existence of criminalization, centralization, subordination, and marginalization. This effort is a legal political response and a manifestation of the role of the socio-political power of civil society in Indonesia, therefore this paper describes what and how the legal political efforts of civil society represented by several LAZ (Amil Zakat Institutions) respond through a legal effort called judicial review of Law No. 23 of 2011 concerning Zakat Management and proven successful with the issuance of the Constitutional Court Decision Number 86/ PUU-X/2012.

Peran Lembaga Fatwa Wilayatul Faqih dalam Negara Islam Iran Putri Amanah; Khoerul Anwar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

The Islamic State of Iran is an Islamic state that adheres to Syiah and makes it a mazhab that must be followed by the entire Muslim community of Iran. This indicates the very strong influence of the Syiah sect in the country, so it is not surprising that the Wilayatul Faqih institution was formed which has an important role in the running of the Iranian state. The decision issued by Wilayatul Faqih is a decision that must be carried out by the government because the fatwa of the scholars contained in the institution is something sacred and cannot be denied so that indirectly the power of the Iranian state is in the hands of the scholars who are in the Wilayatul Faqih because of the large power that the institution has. The Wilayatul Faqih Institute was initiated by Ayatullah Koemaini as an important institution to be formed after successfully changing Iran’s democratic system to an Islamic state that adheres to Syiah. The institution has several functions, including providing fatwas, preserving Islamic law, advancing education, providing direction related to taxes, providing humanitarian services in general, and also many other functions that are the duties and functions of the institution, and the most important thing is serve as supervisors for government agencies.

Ijma’ Sukuti dalam Pelebaran Mas’a dan Mina Jadid Perspektif Sumber-Sumber Utama Hukum dalam Ushul Fiqh Mohamad Toha Umar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

By definition, ijma’ sukuti means a condition when one or more mujtahids express an opinion on a problem that is widespread in the community and the other mujtahids do not respond or remain silent with that opinion. Opinions in this case can be in the form of fatwas or legal decisions. The most well-known practice of ijma’ sukuti is the legal decision imposed by Amirul Mu’minin Umar bin Khattab which punishes alcohol drinkers with 80 lashes. Originally, in the hadith it is stated that the punishment for drinking khamr is 40 lashes. Umar added that the sentence was doubled on the grounds that 40 lashes were used as punishment for drinking khamr and 40 lashes as a punishment for drinking khamr must have done something disturbing to the public because he was drunk. As for the connection with the widening of masya’irul haram places, such as in the area of pilgrimage rituals, including those carried out by Khadimul Haramain al-Sharifain at the agreement of Saudi scholars and silenced by world scholars, it is a manifestation of the methodology of ijtihad of fiqh law with the ijmak sukuti model. This article uses the ushul fiqh approach by exploring the sources of Islamic law

Problematika dan Solusi Kesehatan Reproduksi Remaja Perspektif Fikih dan Psiko-Sosiologis Durotun Nafisah; Khoirul Amru Harahap
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

This paper examines the problems of Reproductive Health from fiqh and psycho sociological perspectives. At the end of the article, the author offers a solution to this problem. This research is literature and uses mixed theory with field studies as the sample. The research findings are that in the perspective of thoharoh fiqh, the problem is about water as a medium for purification from hadas and uncleanness, baligh, istinja’, ablution and bathing. Meanwhile, in the psycho-sociological perspective, they do not know basic knowledge about Kespro, sexual desire, shame to convey it to parents, feelings of discomfort and guilt about these desires. The solution to this problem is that Kespro is made a compulsory subject at the professional level or an integral part of the fiqh course, especially on the theme of thoharoh, it is necessary to conduct periodic studies on Kespro and or form an institution that handles the problems of Pros, namely the Adolescent Reproductive Health Information Center (PIKER).

Fikih Indonesia dalam Perspektif Pemikiran Hasbi Ash-Shidieqy dan Hazairin: Transformasi Hukum Islam Dalam Impelementasi Hukum di Indonesia Syifaun Nada
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Ash-Shiddieqy’s introduction of the term Indonesian fiqh was a compromise between Indonesian nationalism and Muslim reformism. By making Indonesian customs one of the sources of Indonesian fiqh. His conceptualization of “Indonesian fiqh”, through his immersion in classical Arabic texts and the writings of later reformers from the Middle East, and Hazairin’s emphasis on the role of particular cultural circumstances in shaping the Islamic content of Indonesian law, both show a comparable comparison. initiatives in the 1980s and 1990s. All of these writing initiatives continue to be the backdrop for legal discussion and debate among Indonesian Muslim intellectuals in the early twenty-first century. Indonesian fiqh can be interpreted as a concept of fiqh that is more locally based in Indonesia. Hasbi As-Shiddiqi and Hazairin are the two figures who initiated the Indonesian model of Fiqh, in addition to other scholars. Hasbi Hasbi was one of the reformers who offered his ideas comprehensively, starting from his concept of “Indonesian Jurisprudence”, to legal reform that includes both principles and methods. Meanwhile, Hazairin proposed the development of a new inheritance system which was interpreted and elaborated based on the scriptural perception of the Qur’an and Sunnah that it was not a patrilineal system, but a bilateral one, namely the family model

Deradikalisasi Pemikiran Agama di lingkungan PTKIN Melalui Penguatan Mata Kuliah Perbandingan Madzhab: Studi pada Mahasiswa di UIN Prof. K.H. Saifuddin Zuhri Purwokerto dan UIN Sunan Kalijaga Yogyakarta Abdul Basith; Mughni Labib
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Radicalism is a religious ideology it’s characterized is intolerant to diversity and differences that occur in religious and life state, so that it threatens the integrity and upholding of the Unitary State of NKRI. One of the causes of radicalism that can be embedded in individuals in society is because of the wrong understanding of religious teachings received from sources that cannot be accounted for. One of the efforts that can be done in the framework of the deradicalization project, and counter radicalism (anticipation of radicalism) is to instill a religious ideology that is characterized by wasathiyyah, moderate, and tolerant to diversity and differences in teachings and cultures in society. It was through strengthening the comparative madhhab courses in the PTKIN environment, especially students of the comparative madhhab study program. Based on research conducted by researchers, it turns out that there is a strengthening of comparative madhhab courses, according to the students, it is able to influence them to have a moderate paradigm, although according to some lecturers they think it is still weak, and cannot be maximized, so it needs a lot of curriculum development, and also create a climate and culture of discussion about moderation among students on campuses

Budaya Money Politic di Indonesia dalam Tinjauan Qawa'id Fiqhiyyah Masdar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Indonesia, which adheres to a democratic system, holds the people’s party in the implementation of general elections (elections) which are held every five years. Each edition of the general election (election) is always characterized by the practice of “money politics”. In the development of the term money politics, the media called it “political dowry”. Political dowry is the cost incurred to cover the cost of running a political party (political party) from the grassroots to the central level. Money politics held by successful teams is considered something realistic in getting votes. The general election (election) was initially real, moving towards transactional. This cannot be separated from the behavior of the Indonesian people which continues to develop in responding to the implementation of general elections from the beginning to the end of 2019. This paper responds slightly to the practice of political dowry which continues to exist in every five-year edition. In fact, this practice can be said to have been deeply rooted and become a culture of society in gaining votes in general elections (elections). Fiqh rules are one of the tools in determining cases in Islamic law. Al-’ādatu muhakkamah is one of the five principles of fiqh. al-’ādatu muhakkamah in its concept strongly adheres to two elements, firstly the element of al-’adah (customs) that exists in society, and secondly the element of ‘urf which contains good values in society. Equipped with several branches of the rules, then the writer calls it “al-’ādatu muhakkamah frame”. Because conceptually in these rules there are several limitations that become rules that are not free in absorbing and judging from the cultures or customs that develop in society. Political dowry in Indonesia has become entrenched because this practice has been carried out for quite a long time. based on the concept of al-’adatu muhakkamah cannot be allowed meaning it is prohibited (haram). With the indication that the culture of dowry politics is not part of a culture that has ma’ruf (kindness) values even though this has been assessed by the majority of society as something normal and commonplace. Furthermore, the effect of the political dowry is the beginning (root) of the corrupt practices by the elected candidates in the future.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Muhammad Fuad Zain

Contact Email
fuad.zain@uinsaizu.ac.id

Phone
+6285731141751

Journal Mail Official
elaqwal@uinsaizu.ac.id

Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto

Location
Kab. banyumas,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Fuad Zain

Contact Email fuad.zain@uinsaizu.ac.id

Phone +6285731141751

Journal Mail Official elaqwal@uinsaizu.ac.id

Editorial Address Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto

Location Kab. banyumas, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Fuad Zain

Contact Email
fuad.zain@uinsaizu.ac.id

Phone
+6285731141751

Journal Mail Official
elaqwal@uinsaizu.ac.id

Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto

Location
Kab. banyumas,

Jawa tengah

INDONESIA