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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 7 Documents
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Search results for , issue "Vol 17 No 1 (2019)" : 7 Documents clear
Penyelesaian Sengketa E-Commerce Melalui Online Dispute Resolution Dalam Perspektif Hukum Islam Mohammad Farid Fad
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.1579

Abstract

Along with the increasing use of the internet throughout the world, the number of disputes that have arisen continues to increase. Many web sites have been formed to help resolve this internet dispute, as well as to facilitate settlement of disputes that occur offline so that they are more transparent, accountable and more practical through the Online Dispute Resolution (ODR). Then, what is the actual practice of e- commerce dispute resolution through ODR in the view of Islamic Law? The approach method used in this study is a normative juridical approach and descriptive analytical. The data collection technique used by the author is library research sourced from various literatures such as books, kitab and journal articles. After the data is collected, an analysis will be carried out using the descriptive-analytical method, which is systematically describing the facts or characteristics of the phenomena found in factually and carefully in the field, and carried out qualitatively to get an understanding of the problems studied in more depth. This study concludes that the practice of ODR, which is an extension of ADR practice has a strong historical and legal basis, so the practice of ODR in Islamic law is permitted with the exception of contracts which include elements prohibited by Islamic teachings, such as elements of obscurity (gharar), the object is forbidden, indicated fraud (tadlis), gambling (maysir), and usury.
Pengaruh Tirani Terhadap Pemikiran Islam (Studi Analisis Pemikiran Muhammad Syahrur) Achmad Umardani
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.1802

Abstract

The term „tyranny‟ is considered still unfamiliar because of the lack of studies highlighting this issue. Although it has received a scant attention from scholars, the practice of tyranny has almost occured in every government. This reality triggers why a further investigation of tyranny practices needs to be conducted for contributing to Islamic political thoughts. It is expected to make the public aware of the existence of a massive form of tyranny and think critically of government policies. The current study aims to explore (1) Syahrur‟s thoughts on the concept of tyranny (al- istibdad) and its consistency in the application of Islamic law and (2) the form of theoretical contribution to the development of contemporary Islamic political discourse. Grounded in library research, this study employed a normative-historical approach. The findings demonstrate that Syahrur‟s thoughts on tyranny were extremely different from Muslim philosophers in general, and even tended to be controversial. It is worth mentioning that his thoughts on tyranny and its influence can be taken into account as a theoretical application of various philosophical and methodological assumptions. Syahrur‟s endeavor against tyranny denotes the importance of accepting democratic ideas and the enforcement of a civil state. Nevertheless, theoretically, Syahrur‟s foundation of thinking was deemed weak due to the lack of historicality studies between texts and contexts.
Pendekatan Hukum Islam Bagi Penerima Obat Gratis ARV di RSUP M.Djamil Padang dalam Mencegah Penularan HIV-AIDS Salma; Urwatul Wusqa; Muchlis Bahar
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.1868

Abstract

The patients of HIV-AIDS tend to commit deviant behavior, such as homosexual, bisexual, drugs abuse, and sex workers, though there are other causing factors. The government, however, has provided them with a free-of-charge treatment. This kind of treatment is allocated through one hospital in each province. The present study aims to investigate (1) the objective conditions of HIV-AIDS patients receiving antiretroviral (ARV) treatment at M.Djamil General Hospital (RSUP) Padang, (2) various treatments provided to the patients in the perspective of Islamic law, and (3) the free-of- charge ARV treatment received by the patients from the Islamic law perspective. Designed in a research-based community service, the study employed four strategies, namely: planning, action, observation, and reflection. The data were analyzed descriptively with data reduction, display, and conclusion verification. The findings promote that firstly, the objective conditions of HIV-AIDS patients receiving the ARV treatment at the M.Djamil RSUP Padang until December 2018 comprised 1805 people. They were mainly infected with HIV-AIDS through homosexual and bisexual behavior, the use of drug syringes, and prostitution. After receiving the ARV treatment, they still committed the deviant behavior. Secondly, practically, their behavior was categorized into hudud (penal presciptions) and could not be addressed a punishment for the perpetrators since it was not stipulated in regulations. Thus, taubat (repentance) approach is fostered to deal with.
Reformasi Hukum Pidana Islam Kontemporer (Studi atas Pemikiran Abdullah Ahmed an-Naim) Rupi’i Amri
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.2003

Abstract

The application of Islamic criminal law (fiqh jinayah) into the nation-state system of government demonstrates the vision that some Muslims have been fighting for. This manifestation is frequently indicated by the implementation of hudud matters, including the punishment of cutting off hands, stoning, beating, and qisas (capital punishment), to illustrate how “Islamic” a ruling regime is. The present study seeks two research questions, namely: (1) why is the Islamic criminal law being stagnant? (2) How is An-Naim’s thought in reforming Islamic criminal law? Grounded in qualitative library research, this study employed a philosophical approach. Descriptive-analytical and interpretive methods were used to analyze the obtained data. The findings expose that the reality of the application of sharia law by the state, according to an- Naim, as occurred in Sudan during the era of President Numeiri, was more political in nature. In order to lead to applicable and contemporary Islamic criminal law, an-Naim offers that the applied law must be in accordance with constitutional and international standards concerning two considerations, namely: the principle of legality without any discrimination and the issue of punishment and treatment of prisoners.
Peran MUI dalam Penguatan Demokrasi Indonesia M Sya’roni Rofii
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.2010

Abstract

Indonesia is still considered the nation with the world’s biggest Muslim population highlighting democracy. This predicate results from the impact of the country’s large population followed by the acceptance of the Muslim community toward democracy, which is deemed contrary to religious values in some Muslim countries. The acceptance of democracy situated in Indonesia cannot be separated from the legitimacy of religious authority; it refers to the Indonesian Ulema Council (hereafter, MUI). This religious council plays a pivotal role in ensuring democracy as ‘the only game in town’. The present study seeks to answer (1) what is the contribution of the MUI in strengthening democracy in Indonesia? and (2) how do the MUI leaders endeavor when encountering the political situation in the 2019 election demonstrated by an identity politics struggle which tended to divide the Indonesian Muslim communities? Grounded in qualitative library research, the study applied analytic-descriptive analysis. The findings promote that the MUI significantly contributed to ensure the well-established democratic system in Indonesia through their fatwas. It implies that MUI supports the continuation of fair elections and national stability, tackles a dispute over the Indonesia’s election, and fosters that religion is not merely employed as a political tool.
Tinjauan Hukum Islam Terhadap Pemalsuan Identitas Anak Hasil Nikah Siri (Studi di Desa Rowokembu Kecamatan Wonopringgo Kabupaten Pekalongan) Annisa Ulwiya; Mohammad Hasan Bisyri
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.2025

Abstract

Self-identity is the right to a child which must be stated in the birth certificate, no exception for children who are born from unregistered marriage. However, if the identity is inaccurate or falsified, it will have an impact on the rights and obligations between the child and the parents. Therefore, this study aims to explain the forms of falsification of unregistered marriage's children's identity, a review of Islamic law on falsification of children's identity who are born from unregistered marriage, and explain the legal implications of falsifying the identity of children from unregistered marriage. This research is a qualitative study which was located in Rowokembu, Wonopringgo, Pekalongan Regency. The collected data were analyzed using typology models and analysis by using Islamic law. The results show that: (1) there are three models of falsifying children's identity, namely by using the identity of biological fathers and stepmothers as biological parents, using the identity of stepfathers and biological mothers as biological parents, and using the identity of others as parents the biological child. (2) Falsifying child's identity even if it is completed for the child's goodness in order to obtain the legality, nevertheless in the review of Islamic law as well as a falsehood which can be detrimental to others, so the culprit may obtain the punishment. (3) Falsification of the child's identity can affect the status of the child towards his parents, especially in the issues of guardianship, inheritance and his mahram.
Tradisi Siram Tuwuh Pasca Perkawinan Perspektif Maqashid Syari’ah (Studi Kasus di Dusun Ngelo Desa Kempleng Kecamatan Purwoasri Kabupaten Kediri) Anggi Rizki Rachmat; Imam Sukardi
Jurnal Hukum Islam Vol 17 No 1 (2019)
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.v17i1.2030

Abstract

Siram Tuwuh generally has a meaning namely "Tajdid Nikah" it is all accomplished because there is a certain reason and also one of a well known problem in the society which lasted for generations. It often happens among married couples who have been married for quite a long time. From these problems, there are two issues in this research, (1) The underlying factors of siram tuwuh occurence; (2) The Maqashid Syariah's analysis towards Siram Tuwuh practice. This research is a field research and a qualitative research using the method of the maslahah mursalah (Maqashid Syariah) approach. The results show that (1) Siram Tuwuh is carried out after marriage, by the terms the family is already established their basic necessities or economies and also have a child, Siram Tuwuh is essentially a form of gratitude by holding a new marriage contract which requires the presence of witnesses and male relative legally, in the process of this event also invites the neighbors to pray for the family who hold Siram Tuwuh, (2) The prosperity of Siram Tuwuh is the establishment of a happy, loving and supportive family and avoiding divorce which can cause the derelict children.

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