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Yunas Derta Luluardi
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Graha Jurnal, Lantai 1 Gedung Fakultas Syariah, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Jl. Pahlawan Km. 5, Rowolaku, Kecamatan. Kajen, Kabupaten. Pekalongan, Jawa Tengah, Indonesia, PO.BOX 51161 Telp. (0285) 412575 | Fax. 423418, Email (Official): jhi@uingusdur.ac.id
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INDONESIA
Jurnal Hukum Islam
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 18297382     EISSN : 25027719     DOI : https://doi.org/10.28918/jhi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic law, in the framework of Indonesian legal studies in the global context. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
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Analisis Aplikasi Akad Wakalah dalam Project Based Sukuk (PBS) di Indonesia Taufiq Kurniawan
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3481

Abstract

Islamic economic development is a task incumbent upon a good Muslim community. Indonesia has, in recent years, accelerated its economic development -especially in the area of infrastructure development- thereby requiring additional funding sources to aid this development. Thus, the government has issued Project Based Sukuk (PBS), which aims to finance the development of the country’s infrastructure. PBS is a shariah-based financing instrument that is an alternative for Muslim communities which are interested in building a country’s economy without elements of ribā. This instrument has a main contract in the form of ijārah and supporting contracts, one of which is al-wakalah. However, the application of these contracts can only be said to be valid from a Sharā‘ perspective if all rules and conditions are throughly fulfilled. Therefore, this study focuses on analyzing the application of the al-wakalah contract on PBS, whether the practice is in accordance with fiqh or not. The scope of discussion only focuses on the analysis of the implementation of the al-wakalah contract on PBS. It uses a data collection method by interview and review of literature, which was then analyzed inductively to draw conclusions from the specific to the general. The study found that the application of the al-wakalah contract to PBS is in line with the principles of Shariah, although there is still issue still to be rectified regarding the signing of documents as a symbol of offer (ijab) and acceptance (qabūl).
Removing Dual-Discourse (National and Shari’ah Law) in the Formulation of Region’s Policy in Jember Muhaimin
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3482

Abstract

This article will explore that irrelevant today to say there are differences between Shari’ah Jurisprudences and secular/modern state formulation of law. Yet, Islam as a major religion in Indonesia had dominant roles to construct regulation based on their beliefs in Islamic teaching. Besides that, Moslem society also could respond to the un-universal law if it is compatible with Islamic values through social and political movements. Therefore, this article also will define what Islamic regulation point of view and embedded beliefs of Moslems written inside the regulation. This article will be conducted by qualitative research model and approached by social-phenomenological perspective. In the end, this article concludes that based on maqashid al shari’ah there are not dichotomies of Islamic regulation or modern/secular law in Indonesia, especially in Jember (the object of study) caused the formulation of this regulation was based on Islamic law process and substantive teleological to become Moslem society in Indonesia.
Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity Arif Al Anang; Noorhidayah; Mustafa; Nor Ismah
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6476

Abstract

This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multi-disciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.
Development of Sharia and Legal Studies in Australia Ann Black
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6506

Abstract

The study of Islamic law in Australian law schools shows positive developments. From 1997 when the first course on Islamic law was taught in at Charles Darwin University in the Northern Territory, there are now up to ten Universities that provide courses in Islamic law. This is due to several reasons, namely: 1) global and national events that require new perspectives in university culture, especially law schools; 2) law schools have the responsibility to break ties and create culturally literate citizens to maintain a harmonious multicultural society; 3) economic, political, security, tourism, education and other interests with Muslim Southeast Asian countries including Indonesia; 4) the study of Islamic Law is very important for the legal profession, especially for lawyers who will practice in areas with a significant Muslim population, or the field of international trade involving Muslim countries and; 5) Disputes involving family relations, social security rights, discrimination and immigration issues also require references to Islamic law. Harmonization of Sharia and Legal Studies in learning at the law faculty is provided by, among others: 1) the study of Islamic law becomes a component in a general comparative law course where certain features of Islamic law are highlighted for comparison with other legal models; 2) a course that combines the thematics of Islamic law with other topics, such as Law and Religion courses, or courses that focus on Islamic countries or regions, such as Law and Society in Southeast Asia, Middle East Legal Institutions, and Commercial Law. from Asia; 3) components of Islamic law are integrated into some, or all, of the legal courses taught so that the Islamic perspective becomes an inclusive part of legal education within the institution and; 4) Islamic law courses stand alone as elective courses at the Faculty of Law.
Taradhin Principle in Fiduciary Guarantee Parate Execution after the Decision of the Constitutional Court No. 18/PUU-XVII/2019 Muhammad Tun Samudra
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5992

Abstract

This article was analyzes the principle of Willingness in the Execution of fiduciary guarantees after the decision of the Constitutional Court Number 18/PUU-XVII/2019, in practice Parate execution can be carried out either with or without the consent of the debtor, such conditions often lead to acts of coercion and violence from fiduciary guarantee holders, even giving opportunities to arbitrary acts committed by fiduciary recipients (creditors) and degrading the dignity of the debtor. From the research conducted, it was found that the application of the principle of willingness in the Parate Execution of fiduciary guarantees by the Constitutional Court provides benefits and prevents harm to debtor and creditors, this can be seen from the main idea of the Court which states that parate Executions should no longer be carried out without an agreement of the customer's and the customer's willingness to return the collateral. If the customer does not admit the defaulted, then the fiduciary holder can submit an application through fiat Execution to the Court.
Legal Protection of Creditors in Financing Agreements through Digital Credit Services (Paylater) Rahmadi Indra Tektona
Jurnal Hukum Islam Vol 19 No 2 (2021)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper discusses the characteristics of financing agreements in digital credit services (paylater) and their legal protection for creditors. The research method uses a doctrinal with legislation  and conceptual approach. Sources of legal materials include primary and secondary legal materials. The analysis uses prescriptive logic and legal reasoning. The results show that the development of electronic-based payment systems has an effect on the creation of electronic money in a payment system that provides convenience, flexibility, and efficiency in transactions. Electronic-based transactions are growing rapidly along with the changing patterns of people's shopping from offline to online. Marketplace in its development creates financial technology, namely paylater. The paylater implementation is carried out with an online agreement contained in an electronic document using a computer network that is connected. Lenders and lenders are linked by the peer to peer lending (P2P) financial services. The characteristics of the financing agreement in the practice of digital credit services (paylater) are the same as conventional agreements which must meet the terms and elements of the agreement as stipulated in the Civil Code. However, in the paylater financing agreement, apart from the borrower and lender, parties are providing financial services to bring together lenders and loan recipients to enter into a lending and borrowing agreement, namely the marketplace, which is outlined in an electronic document. Legal protection for creditors in case of default can apply for dispute resolution through BPSK, Alternative Dispute Resolution Institutions, and District Courts.
Marriage Dispensation Post The Decision Of The Constitutional Court No. 22/PUU-XV/2017 Dede; Siti Nur Fatoni; Hazar Kusmayanti; Mochammad Rizky Afriansyah
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3491

Abstract

Underage marriage in Indonesia especially in West Java has increased significantly, reported from the underage marriage research in 2016 West Java has the second highest rate of 15-18 years old teenage marriages with the percentage of 50.2%. Around the year of 2016-2019, The Religious Courts of Indramayu received 1,235 cases of marriage dispensation that it was recorded as The Religious High Court to handle the highest number of marriage dispensation cases in West Java. The purpose of this research is to discover the aspects that affects the high number of marriage dispensation cases, roles of the panel of judges tightening the marriage dispensation procedures, and the effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to the Resolution of Marriage Dispensation in The Religious Court of Indramayu in 2016-2019. This research uses the Normative Juridical method. Results of this research first, aspects that affects the high number of marriage dispensation that is as a result of promiscuity, the lack of basic religious education, internet, cultural, and economical influence, low education grade. Secondly, the role of The Religious Court of Indramayu’s Panel of Judges tightening the marriage dispensation procedures focused on the reasons, so that the validity of the background be known and to keep checking the legality of the income and pregnancy certificate. Thirdly, effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to marriage dispensations in The Religious Court of Indramayu in 2016-2019 that the effect is not optimal. Therefore, it is concluded that The Decision of The Constitutional Court No. 22/PUU-XV-2017 cannot be implemented effectively.
Bisnis Aplikasi Vtube dalam Perspektif Hukum Ekonomi Syariah Dahyul; Hendri
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3545

Abstract

This research aimed to discover shariah economic law perspective on the business of vtube application because this business is similar with ponzi schema, which is clearly banned. Besides, this business was preferred up to 100 million followers, very simple, without charge and able to get point that could be changed with the money by watching ten advertisements in a day during 40 days. Therefore, researcher would like to ascertain the business description of vtube application and how shariah economic law perspective on vtube application. Additionally, this research can be categorized into library research by analyzing document, book, informant on internet and the experts of Shariah economic. This study revealed vtube app is an application launched by PT future Tech Indonesia which runs by watching ten advertisements a day with the profit 0,3 dollar a day. It was revealed that the registration process is free of charges, audience got the profit from watching advertisement meanwhile company obtained profit from advertising service and it was contrast with ponzi schema. according to shariah economic law, this business did not contain gharar, legal and the member outcomes from vtube derived from the fee paid by vtube company for member who watch advertisement and point from member recruited by that member.
Islamic Law and Contemporary Challenges from Fresh Ijtihad Point of View Yusdani
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5991

Abstract

The following article highlights how fiqh as a science is developed in the context of the dynamics and demands of humanitarian issues in the contemporary era. The main issue raised in this paper is how the reformulation of fiqh as a science can provide solutions and contribute to solving humanitarian problems such as human rights, the environment, the democratic system, local wisdom and others? To answer these various humanitarian problems, this paper starts from the framework of thought that fiqh as a science in addition to exploring its religious knowledge also needs to be integrated with the humanitarian sciences related to humanitarian issues that are developing at this time. In this way, it is expected that a fiqh study like this will be responsive and a solution to contemporary humanitarian issues. The approach used in this paper is a philosophy of science, history and deconstruction and reconstruction approach to the work of fiqh as science. Based on the results of studies that conducted, it can be concluded that for the development of fiqh as a science, a theoretical device is needed that requires the support of the human sciences that are developing in the contemporary era. That way, the model of fiqh studies with related human sciences is integrative that is multidisciplinary, interdisciplinary or even transdisciplinary.
Comparative Study of the Process of Islamic Law Legislation in Indonesia with Malaysia and Its Implementation into Legislation Regulations Ahmad Nurozi
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5906

Abstract

Islamic law in Indonesia and Malaysia in terms of rules and regulations, to explain the position of customary law, and Islamic law in the statutory system in Indonesia and Malaysia, and to find out how the implementation of Islamic law in Indonesia and Malaysia which is a product of legislation. The results showed that the legislative process of Islamic law in Indonesia and Malaysia is colored by various methods so that it is formed into statutory provisions; Islamic legal legislation in Indonesia is the basis for the formation of laws is a reflection of regulations that become the ideology of the state philosophy not only of Islam but also for adherents of other religions. The Islamic law legislation in Malaysia begins with issues requiring legal certainty to ensure that Muslims can overcome the mistakes and problems faced. There are times when fatwas are merely fatwas and not one law. When the fatwa becomes law, if it is approved by the Sultan and agreed upon by the Majlis Mesyuarat of their respective Kingdoms if the regulation is in line with the basis of the determination, then the law can be applied; on the contrary, the established law is not in line with the vision and mission of the nation, then the product of the legislation will disappear control.

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