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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 18 No 1 (2020)" : 7 Documents clear
Ontologi Penelitian Hukum Islam Berbasis Paradigma Guba dan Lincoln Muhammad Helmi
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2845

Abstract

This paper aims to analyze and develop Islamic law research by using paradigms of Guba and Lincoln. This literature study uses a philosophical approach. The results of the study showed that the development of normative and empirical Islamic law research based on the paradigms of Guba and Lincoln is adjusted to the fundamental beliefs of researchers which are recognized based on ontology questions, namely 1) if the researchers’ basic beliefs to understand rules based on “what is it” and “what is written” or textually, it is called positivism paradigm; 2) if the basic beliefs of the researchers in understanding rules of contextual Islamic law, it is included post-positivism paradigm; 3) if the researchers change the false understanding about rules, it is called critical theory paradigm; 4) if the basic beliefs of researchers are obtained from diverse thoughts, then it includes constructive paradigm. These a variety of paradigms will bring about the researchers to answer the problems in the implementation and development of Islamic law research. Therefore, the researchers of Islamic law should develop their researches through these various paradigms from the beginning to the end, so that the paradigms will lead to answering the research problems of contemporary Islamic law.
Akad Nikah Dua Kali di Desa Ngadirejo Kecamatan Reban Kabupaten Batang Jawa Tengah Nafkha Khorida Lutfina
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2674

Abstract

This study aims to understand and analyze the implementation of the contract of marriage (aqdun nikah) which has been done twice and the outlooks of the community figures of Ngadirejo Village, Reban District, Batang Regency on the contract of marriage. This field research uses a qualitative approach. The technique of collecting data uses observations, interviews, and literature study. The interactive model is used to analyze the data. The results of the research showed that the implementation of the contract of marriage which has been done two times in the community of Ngadirejo Village: first by Kyai or Islamic scholar of the village, then second by the Office of Religious Affairs. This was done because there is a local belief of the community regarding Javanese counts. The outlooks of the community figures of Ngadirejo Village on the contract of marriage of two times are: 1) the aqdun nikah of two times must be carried out in accordance with Javanese counts. They believed that if the implementation does not refer to the Javanese counts, it will bring loggers or negative influence in the life of household; 2) the marriage agreement of two times must not be carried out. It is because, in the relationship of household, there will always be problems which might be happened not because of the incompatibility with the calculations of Javanese.
Tradisi Pembagian Waris di Kecamatan Gunungsari Kabupaten Lombok Barat Abdullah Abdullah; Akhmad Syahri Akhmad Syahri
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2658

Abstract

The management of hajj savings currently still raises many problems in relation with, for examples, the management of hajj saving for investment and the transparency of the management as well. Based on the fact, this paper aims to analyse the management of hajj saving in the perspective of sharia agreement law. The method of the study uses normative law using a statutory and conceptual approach. The sources of primary law material were obtained from various laws and regulations, while the secondary law materials were obtained from the publications or scientific articles. The technique of analysis of law material uses the analysis perspective by using logic and reasoning law to answer the issue of the law. The result of the research showed that the hajj saving using deposit agreement (wadi‟ah yad dhamanah) and profit-sharing agreements (mudharabah muthlaqah dan muqayyadah). From those two kinds of agreement, the customers of hajj saving have automatically permitted the Bank to use the hajj saving. However, if the contract that is used is mudharabah muqayyadah, the customers of hajj savings can provide special restriction to the Bank to use and to manage the money in accordance with the agreement of both parties. Therefore, there should be transparency in the management of hajj savings as a form of responsibility of the manager to the customers.
Critical Discourse The Epistemology of Muhammad Syahrur's Ijtihad Asep Suraya Maulana; Imam Yahya
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2668

Abstract

Syahrur's offer toward the sceptical-literalist and modernist-secularist attitudes of the Islamic community is, returning to Inzal (al-Qur'an), God's revelation that delivered to the Prophet. This qualitative study, to analyze the epistemology of Syahrur's ijtihad. The results show Syahrur's thinking about epistemology originates from material nature that is beyond human existence. Syahrur in interpreting the ahkam verses still agreed to maintain the purity of the teachings of the Qur'an, which shalah likulli zaman wa makan. According to Syahrur, the truth was based on three pillars, i.e: revelation, reason, and reality. The combination of the 122 Critical Discourse The Epistemology of ......121- 140. (Asep Suraya Maulana) Vol 18 No 1, Juni 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) three resulted in new and modern Islamic legal knowledge. Syahrur's offer, on the theory of scientific historicity, linguistic hermeneutics and Marxist dialectics, shows an attempt to deconstruct science that has been patented in the application of Islamic law. The difference from the concept of classical ijtihad ushul fiqh with the concept of ijtihad Syahrur, i.e: 1) places ijtihad in a vital position for modern Islamic law; 2) ijtihad only at the stage of justifying or forbidding something; 3) requires scientific achievements and modern knowledge systems; 4) allows to ijtihad all legal texts, even though the ulama see as qath'i; and 5) can be done individually
Pengelolaan Tabungan Haji Perspektif Hukum Perjanjian Syariah Evita Premila Djilham Nuhqila
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2659

Abstract

The management of hajj savings currently still raises many problems in relation with, for examples, the management of hajj saving for investment and the transparency of the management as well. Based on the fact, this paper aims to analyse the management of hajj saving in the perspective of sharia agreement law. The method of the study uses normative law using a statutory and conceptual approach. The sources of primary law material were obtained from various laws and regulations, while the secondary law materials were obtained from the publications or scientific articles. The technique of analysis of law material uses the analysis perspective by using logic and reasoning law to answer the issue of the law. The result of the research showed that the hajj saving using deposit agreement (wadi‟ah yad dhamanah) and profit-sharing agreements (mudharabah muthlaqah dan muqayyadah). From those two kinds of agreement, the customers of hajj saving have automatically permitted the Bank to use the hajj saving. However, if the contract that is used is mudharabah muqayyadah, the customers of hajj savings can provide special restriction to the Bank to use and to manage the money in accordance with the agreement of both parties. Therefore, there should be transparency in the management of hajj savings as a form of responsibility of the manager to the customers.
Kriminalitas dalam Persfektif Akidah dan Syariat Islamul Haq
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2663

Abstract

Crime is a problem that is experienced by human beings since years ago, so that it can be stated that where there is a man there is a crime. Crime is an act or behaviour that can destruct the victims and the community in the form of the loss of balance, peace and order. This paper aims to understand and analyse the Islamic faith and sharia approach to the crime. The method used in this paper is a literature study to comprehensively uncover the concept of punishment to the criminals from the religious text. The result of the research showed that aqeedah considers the criminalities as a part of disgrace or humiliation of human. Repentance, taubat, is a way to improve bad behaviours related to crime. The approach of Islamic faith to the criminality focuses on the efforts to look up criminal behaviour. Meanwhile, sharia views criminality as a bad thing and to look it up, there should be punishments, namely: Qishas, Hudud or Takzir. Thus, the sharia approach focuses more on the victims of criminality. Therefore, the approach of Islamic faith and sharia cannot be separated from one another, so the duality between both is very appropriate to prevent and reduce the crime.
Halal Product Guarantee to the Development of Small and Medium Enterprises Business in Indonesia Ridwan Arifin; Waspiah; Salsabila Fakhriyyah Ar-raidah; Vania Shafira Yuniar
Jurnal Hukum Islam Vol 18 No 1 (2020)
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.v18i1.2693

Abstract

This study to analyze the guarantee of halal products for SMEs development in Indonesia. This normative juridical research uses legislation and conceptual approach. Sources of data are obtained from primary and secondary legal materials. The research results showed halal product guarantee for SMEs is very important because with halal certification, then a product has have gained legality and legal protection. The importance of halal product guarantees for SMEs in Indonesia, i.e.: Indonesian population is dominated by Muslims; the awareness of the Indonesian Muslim in consuming halal products; Indonesia has many SMEs; non-Muslim consumers consider that every halal product is of high quality, safe and hygienic; and the role of religious norms in the implementation of halal product guarantees. Law Number 33 of 2014 concerning Guarantee of Halal Products, requires SMEs to have halal certification so that BPJPH gave the authority to do socialization and assistance of halal certification. However, it’s experiencing problems, i.e.: complicated requirements, limited facilities, the lack of information about the procedures for filing the halal label and high costs for the halal certification process. Therefore, the government must assist and facilitate SMEs to obtain the halal certificate, so there is legal certainty in developing their business.

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