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Muhammad Fuad Zain
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Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto
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el-Aqwal: Journal of Sharia and Comparative Law
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : -     EISSN : 29625289     DOI : https://doi.org/10.24090/el-aqwal
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, English or Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Perbedaan Syariah sebagai Wahyu dan Syariah sebagai Hasil Pemikiran pada Masyarakat Era Modernisasi Armi Agustar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.001 KB) | DOI: 10.24090/el-aqwal.v1i2.7105

Abstract

This research departs from the doubts of modern society, regarding sharia as revelation and sharia as a result of thought. The progress of modern society has resulted in major changes to the mindset and lifestyle, especially the understanding of sharia as revelation and sharia as a result of thought. This type of research is qualitative descriptive, with an interdisciplinary approach and utilizes comparative, vertical, horizontal and diagonal comparative analysis methods. The purpose of this study is to explain that the difference between sharia as revelation and sharia as a result of thought and the relationship between the two. The conclusion of the notion of sharia and revelation itself and the relationship between sharia texts and others. The definition of revelation in its form is the Qur'an and Hadith, while sharia is the result of people's thoughts or understanding of the revelations that are said (mujtahid). The results of the mujtahid's thoughts on the Qur'an and Hadith are the products of thoughts such as: Tafsir, ijtihad, fiqh, judges, fatwas, jurisprudence, and codification.
Larangan Kawin Mojok bagi Pasangan Calon Pengantin Perspektif ‘Urf: Desa Tamansari Kecamatan Wuluhan Kabupaten Jember Muhammad Maymun; Kholil Mahmudi
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (468.972 KB)

Abstract

Mojok marriage is a marriage that is prohibited among the people of Tamansari Village, the people of Tamansari Village believe that when the mojok marriage is forced to be carried out, there is a disaster or disaster that befalls the bride and groom's family, based on this maslah researchers conduct research with the aim of studying and describing the views of the people of Tamansari Village regarding the Prohibition of Mojok Marriage, as well as Review 'urf against Mojok Marriage in Tamansari Village. The method used empirically (field Research) and qualitative approaches that produce qualitative descriptive data, the author in determining respondents using the purposive sampling method in the way that people are considered to know best what we expect. data in the field researchers use the interview method Researchers in analyzing a problem using the theory of analysis 'Urf or custom. The results of the prohibition research are the legacy of the ancestors, and the prohibition deserves to be obeyed because the prohibition is also for the good of the child and the household, in addition to being a society is also neutral about the ban, because every thing depends on each other's beliefs. In terms of the various 'urf is included in the category of al-'urf fi'li (Habits in the form of deeds), when viewed from its scope, it is classified as 'urf khas (special tradition), when viewed in terms of acceptance and rejection it can enter the 'urf that is shahih and it can also enter the 'urf that is fasid
Measuring Islamic Legal Philosophy and Islamic Law: a Study of differences, typologies, and objects of study Muhammad Fuad Zain; Ahmad Zayyadi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.415 KB) | DOI: 10.24090/el-aqwal.v2i1.7472

Abstract

This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, com­prehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of Maqāsid al-Syarīʻah and are analytical, epistemological, critical, rational, and comprehensive.
The Influence of Dress Code on the Quality of Higher Education from a Sharia Critical Perspective: A Case Study of Umma University Manswab Mahsen Abdulrahman
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (548.42 KB) | DOI: 10.24090/el-aqwal.v2i1.7637

Abstract

Umma University is Kenya's first Islamic-based university, chartered in 2019, and was founded to improve access towards quality higher education for diverse individuals, cultures and communities. Subsequently, the university received many students from different religions, communities, and cultures, some of whom have violated the dress code initiated by the university. This is the research problem. This study's main objective was to explore the causes of indecent dressing among the students as well as to enhance the culture of proper dressing in higher learning institutions in general and at Umma University in particular. The study will use both quantitative and qualitative research methods. Open-ended questions were used. In addition to that, a questionnaire will be used, involving 103 students as representative respondents. The researcher will review references and study dissertations relating to dress code. The findings show that the most prominent factor of indecent dress is "freedom of choice" (68%), followed by the negative influence by foreign cultures through social media (66%), implementing dress codes doesn’t solve genuine problems in the university (57%), peer pressure (57%), and there is no specific penalty in the dress code (51%), among others. Therefore, it is recommended to amend the student dress code in the student information handbook 2020 while creating more awareness of the dress code through the use of announcements on notice boards and other means in strategic locations across the university premises.
Historicity of Islamic Inheritance Law in Indonesia and Turkey Mega Puspita; Ahmad Rezy Meidina
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.189 KB) | DOI: 10.24090/el-aqwal.v2i1.7648

Abstract

This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.
Guardianship, Its Importance and Developments: A Comparative Study Between Shariah Law and the Positive Law Abdul Azeez Maruf Olayemi; Anthoney Gbadebo Olagunju
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i1.7706

Abstract

Guardianship ‘Tutelae’ as a legal concept is as old as mankind.  In antiquity, the communal and societal guardian is referred to as a messenger of God, prophet, priest and etc. He or she is believed to be a divine guardian that is appointed by God to lead each community or society, custodis mortalis. However, guardianship as an institution is not restricted to the communal and societal systems alone; it is also important to the family system and to the individual person when he or she is a minor or incapacitated.  The institution is important to ensure that the interest of the present and future generations and the care of the people as o whole are preserved.  However, the institution has positively undergone various developments in the present. Its importance and its transformations are discussed in this paper from the perspective of Shariah and Positive Laws.  
Hukm Washiyyah al-Muslim wa Shihhatuha li Ghair al-Muslim: Dirasah Muqaranah Bayna al-Fiqh al-Islami wa Qanun al-Washiyyah fi Majmu’ al-Ahkam al-Islamiyyah al-Indunisiyyah Khoirul Amru Harahap
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i1.7733

Abstract

The debate of Jurisprudence scholars on law and validity of the will of a Muslim to a non-Muslim in the area of harbi, musta’min, and apostate. Whether a will is valid or not depends on the fulfillment of its pillars and conditions. Although the scholars of fiqh do not stipulate the condition of "Muslim" on the testator and the person receiving the will, some of them still prohibit and invalidate the will of a Muslim to non-Muslims in the categories of harbi, musta'min, and apostate. The provisions of the Compilation of Islamic Law (KHI) also do not stipulate the requirement of "Muslim" for the testator and the person receiving the will. Islamic jurisprudence determines that the will of a Muslim to a non-Muslim is permissible and valid in some aspects and not permissible and invalid in some aspects. It is permissible and valid for a Muslim to make a will to a non-Muslim under the category of Dzimmi. It is permissible and valid for a Muslim to make a will to a harbi non-Muslim according to the Shafi'i and Hambali madhhabs; it is not permissible and invalid according to the Maliki and Hanafi madhhabs. It is permissible and valid for a Muslim to make a will to a non-Muslim in the category of musta'min according to the Maliki, Shafi'i and Hambali madhhabs, and according to the most correct opinion in the Hanafi madhhab. The will of a Muslim to a non-Muslim in the category of apostate is permitted and valid according to the Shafi'i and Hambali madhhabs, while the Hanafi madhhab prohibits it and considers it invalid. Meanwhile, the provision of wills in KHI allows and considers valid the will of Muslims to non-Muslims absolutely, because KHI does not limit it with certain limitations such as non-Muslim categories dzimmi, harbi, musta'min, and apostate, as stipulated in Islamic fiqh. Therefore, from the perspective of Islamic fiqh and the provisions contained in the Compilation of Islamic Law, Muslim wills to non-Muslims are both permissible and considered valid. This is because both do not require "Muslim" for the testator and the person receiving the will. However, Islamic fiqh does not allow it absolutely, while KHI allows it absolutely.
The Concept of Ṣulḥ and Mediation in Marriage Conflict Resolution in Religious Courts: A Comparative Study between Contemporary Indonesian Family Law and Classical Islamic Law Bani Syarif Maula
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i1.7777

Abstract

Mediation as a dispute resolution process outside the courtroom has been used by the Religious Courts. Its juridical basis is based on Indonesian Supreme Court Regulations Number 2 of 2003 and Number 1 of 2008 concerning Mediation Procedures in Courts. Meanwhile, in the classical Islamic legal tradition, marital conflicts are resolved by a third party outside the courtroom which is referred to as ṣulḥ, namely efforts to reconcile through a process of taḥkīm or arbitration. Based on this, this study answers the question whether the Religious Courts in Indonesia fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This study concludes that the Religious Courts in Indonesia do not fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This is because the concept of ṣulḥ in Islamic law uses the taḥkīm (ḥakam) mechanism. The concept of ḥakam originating from the classical Islamic legal tradition and mediation originating from the contemporary national legal tradition actually both have substantial differences in terms of concept and implementation in the Religious Courts. The difference in concept is due to differences in sources, authorities, and procedures. However, there are similarities between the two, which lie in the involvement of someone who plays a role in resolving disputes and conflicts in court.
Review of Islamic Law and Positive Law: Regarding the Obligation to Comply with the Marriage Law Ismi Lathifatul Hilmi; Armi Agustar
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.7786

Abstract

This paper aims to examine the views of positive law and Islamic law on the obligation to comply with the Marriage Law. As it is known that Indonesia is a country that adheres to two laws, namely Islamic law and Positive law, then in taking a view of a provision must take into account these two aspects. This research will look at the need to obey the law under Islamic law and the positive, relevance of ijma’ to such obligations. This paper uses a normative legal approach that results in the obligation to comply with laws and regulations has been regulated in positive law, especially Article 27 paragraph (1) of the 1945 Constitution, and is also regulated in the Qur'an QS. An- Nisa verses 59 and 83, which are law-abiding as well as obeying ulil amri because state laws are formed by ulil amri and are the solution of the problems of the people using the approach of the text of revelation and publication, then it is ijma’ which is in accordance with the concept of ushul and the decision must be obeyed.
Normative Juridical Analysis of the Decision South Jakarta District Court No. 508/pdt.p/2022/pn jkt.Sel About Interfaith Marriage Andika Mubarok
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.9335

Abstract

Indonesia is a country with various religions that makes influence factors of pluralism. There are many diverse and recognized religions in Indonesia, so this has led to many different religious marriages being proposed in Indonesia. This article is about to discuss the normative juridical analysis of the South Jakarta District Court decision No. 508/Pdt.P/2022/PN JKT. The cell under review also uses an approach to Islamic law and positive law. The writing of this article uses a library research approach by examining journals, theses and other theses related to interfaith marriage. As for the results of this study, according to Islamic law (Al-Qur’an and Madhzab Ulama) interfaith marriage is permitted on condition that the woman is not a polytheist and is a woman of the Bible. According to Positive Law (KHI Article 40 & Article 44 and Law No. 1 of 1974 concerning Marriage Article 2 paragraph 1) it is explained that interfaith marriage is illegal and cannot be carried out by both Muslim men and non-Muslim women. Then according to the MUI Fatwa Number 4/MUNAS VII/MUI/8/2005 the law is haram with the consideration that interfaith marriages cause more mafsada than benefits

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