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Journal of Islamic Law Studies
Published by Universitas Indonesia
ISSN : 26208860     EISSN : 26144829     DOI : https://doi.org/10.46708
Core Subject :
JILS has a scope of Islamic law including sharia economics, perspectives on Human Rights in Islam, Islamic Criminal Law, Islamic Civil Law, Zakat, Islamic Philosophy, and other matters related to Islamic knowledge.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol. 3, No. 2" : 6 Documents clear
ABORTION IN ISLAMIC LAW AND ITS INTERSECTION WITH HUMAN RIGHTS Rahajeng, Andini Naulina
Journal of Islamic Law Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion as human rights.
PEMUNGUTAN DAN PENDISTRIBUSIAN DANA ZAKAT DI PROVINSI BANTEN MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT Tahir, Palmawati
Journal of Islamic Law Studies Vol. 3, No. 2
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Abstract

PERKAWINAN DALAM HUKUM ADAT BADUY DAN PERKAWINAN DALAM KOMPILASI HUKUM ISLAM Muslih, Muhammad
Journal of Islamic Law Studies Vol. 3, No. 2
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Abstract

This research explains about marriage regulated in Baduy traditional law and marriage regulated in Islamic Law Compilation (KHI). This research uses the Normative Sociological and Juridical Empirical research methods. This research is descriptive analytical and uses Primary Data Sources and Secondary Data Sources. Sources of data used were obtained from Library Research. Interviews of the Baduy community and field observations to the Baduy area were also carried out to obtain the data needed for this research. The results of this study indicate that there are many differences between the existing marriage regulations in Baduy customary law and the marriage regulations that have been regulated in the Compilation of Islamic Law (KHI). Some of these differences include that the Baduy people do not know polygamy and polyandry, there is no divorce, there is an early marriage (there is no age limit for marriage), and some of them register a marriage. Even though the Compilation of Islamic Law has regulated and facilitated polygamy and polyandry, divorce, marriage age limits, and marriage registration. The marriage of the Baduy people who hold fast to the ancestral customs of the ancestors with a very simple unwritten customary regulation turns out to be effective for the Baduy community. Compilation of Islamic Law that was compiled, codified, and deliberated by scholars brought in from all regions of Indonesia and applies nationally there are still people who do not obey it. This is inseparable from compliance, public awareness, legal awareness, and the number of people bound by these regulations.
ANALISIS PRAKTIK AKAD IJARAH MUNTAHIYAH BI AL-TAMLIK DALAM LEMBAGA PEMBIAYAAN SYARIAH DI INDONESIA Rodliyah, Nunung; Famulia, Ledy; K, Ade Oktariatas
Journal of Islamic Law Studies Vol. 3, No. 2
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Abstract

Awareness of muslims as a people the majority of the population to behave in islamic is one reason the development of syariah banking in indonesia. Significantly, in defending its existence, islamic banking industry continued to innovation for shariah products, in accordance with society development one of the Islamic banking products is ijarah muntahiyah bi al-tamlik. The ijarah muntahiyah bi al-tamlik contract is one of the relatively new contracts, because it combines several types of contracts in a contract. For some of these reasons, the authors are interested in discussing more about the legal aspects of the ijarah muntahiyah bi al-tamlik and how they are practiced in Islamic finance institutions. The research method used is a qualitative method with a type of normative juridical research. The conclusion obtained is that the contract of the ijarah muntahiyah bi al-tamlik which is a lease agreement that ends with ownership is permissible in Islam. This was confirmed by the DSN-MUI fatwa No. 27 / DSN-MUI / III / 2002 concerning the Ijarah muntahiyah bi al-tamlik. Even in practice, there have been several rules from Bank Indonesia and the Financial Services Authority which specifically regulate the implementation of the ijarah muntahiyah bi al-tamlik contract.
PENDEKATAN KONSEP TA’AWUN DALAM SIYAR TERHADAP KONFLIK TUMPANG TINDIH KEDAULATAN WILAYAH UDARA DAN FLIGHT INFORMATION REGION: ALTERNATIF PENYELESAIAN KASUS TUMPANG TINDIH WILYAH UDARA INDONESIA DAN FLIGHT INFORMATION REGION SINGAPURA Achmad Andaru, Djarot Dimas
Journal of Islamic Law Studies Vol. 3, No. 2
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Abstract

Islamic law as a law that applies universally, has governed relations between people and between state institutions that cross national borders. One of the principles of international law or Siyar in Islam is the principle of ta'awun, which is a principle of cooperation or help between countries to achieve common good. Conflicts of interest in overlapping air sovereignty territories and the Flight Information Region between Indonesia and Singapore are one example of the disharmony of the practice of modern international cooperation in the management of air and air navigation safety, which is based on an instrument of international cooperation. The concept of state sovereignty in modern international law is proven to put forward the ego of the interests of each country which is contrary to the objectives of international law itself. The approach of Islam to international law offers a different perspective on how proper international relations between countries should be carried out.
TINJAUAN KAWIN HAMIL DALAM PERSPEKTIF HUKUM ISLAM Fauzi, Fahrul
Journal of Islamic Law Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. Basically, in the opinion of some scholars from the origin of the law of marriage if connected with al-ahkam al-khamsah is permissibility or ibahah. But marriage as a condition to meet the needs of physical life (biological needs) is often bypassed. The fact that there is currently increasingly widespread premarital sex. One of the effects of premarital sex is pregnant out of wedlock. The practice in Indonesia when the woman is pregnant it will soon be married. Pregnant marriage is marriage to a woman who is pregnant out of wedlock, both married by the man who impregnated her and by a man who did not impregnate her. There are several differences of opinion between the four Imams Mazhab: Imam Syafi'i, Imam Abu Hanifa, Imam Malik bin Anas, Imam Hanbali, and several other imams. The Compilation of Islamic Law (KHI) also regulates marriages with pregnant women. This paper will further discuss the differences of opinion regarding pregnant marriage in the perspective of Islamic law.

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