Jurnal Hukum Islam
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.
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<![CDATA[Legal Protection of Creditors in Financing Agreements through Digital Credit Services (Paylater) ]]>
<![CDATA[Rahmadi Indra Tektona]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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<![CDATA[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.]]>
<![CDATA[Cryptocurrency as Investment in Commodity Futures Trading in Indonesia; Based on Maqāṣid al-Sharī’ah Approach ]]>
<![CDATA[Achmad Fageh]]>;
<![CDATA[Aldi Khusmufa Nur Iman]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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<![CDATA[Lately, cryptocurrency investors and transactions in Indonesia are thriving, the number of crypto asset investors as of the end of February 2021 has reached 4.2 million people, which exceeds the number of stock investors in Indonesia. This study aims to determine specifically cryptocurrency as an investment in commodity futures trading in Indonesia using the Maqāṣid al-Sharī’ah approach. This research uses a qualitative approach. The data collection technique used is literature study by collecting data from previous studies in the form of documentation of articles, journals, or books as well as publication data from other parties. The data analysis techniques used were data reduction, data presentation, and concluding, from the collected data analyzed through SWOT analysis (strengths, weaknesses, opportunities, and threats) then continued using the Maqāṣid al-Sharī’ah approach (Maṣlaḥah and Mafsadah). The results show that cryptocurrency technology with blockchain can indeed be recognized as an excellent revolutionary technology, but the position of cryptocurrency as an investment in commodity futures trading contains an element of gambling because it contains high speculation and is gambling by taking advantage of the level of volatility. In addition, cryptocurrencies are prone to be used by illegal practices such as money laundering, so that when compared to Maṣlaḥah and Mafsadah it contains greater Mafsadah.]]>
<![CDATA[The Controversy of Water Resources Legislation in Indonesia: an Islamic Constitutional Law Approach ]]>
<![CDATA[Ija Suntana]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4421
<![CDATA[This study aims to explain the protracted water legislation controversy in Indonesia. Any birth law on water resources always raises the pros and cons of the Indonesian people. This study is descriptive-analytical research, with a socio-political, juridical normative, and doctrinal approach. This study finds that the cause of the controversy over water legislation in Indonesia is that references of legislation do not stand on a solid concept, as conceptualized in the Islamic constitutional law, namely meaning of the legal text, social realities, proportional between maslahat and mafsadat, the priority of content rules and law changes.]]>
<![CDATA[The Epystimology of Islamic Jurisprudence on Covid-19 Vaccine in Indonesia ]]>
<![CDATA[Mohammad Fateh]]>;
<![CDATA[Athoillah Islamy]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4420
<![CDATA[The Covid-19 vaccination program in Indonesia, practically has received a pro and contra in the society. In this context, the Majelis Ulama Indonesia (MUI) came through its fatwa to respond the contra-productive of the community over the succession of the vaccination program. This study analysis the epistemological basis of Islamic law in the construction of the MUI Fatwa Number. 02 of 2021 about Covid-19 Vaccine Products from Sinovac Life Sciences Co. Ltd. China And Pt. Bio Farma (Persero). This qualitative research used philosophical approach, statute approach and conceptual approach. The results show, the epistemological construction of the MUI fatwa No. 02 of 2021 about the Covid-19 vaccine, Sinovac tends to integrate the paradigm of idealism and realism of Islamic law. The tendency of the integrative paradigm can be seen from the epistemological basis of the MUI fatwa formulation on the halalness of the Sinovac Covid-19 vaccine, which is normative-deductive and empirical-inductive, beside that still use preventive fiqh rules (sad al-dhariah) and benefit (maslahatul mursalah) as the basis for formulating a fatwa. This conclusion can be seen in various elements in the epistemological construction of the MUI Fatwa. First, universal ethical moral values ('am) are taken from the texts (al-Qur'an and Hadith). Second, several fiqh rules emphasize the sadd al-zari'ah (preventive action) and maslahah mursalah (public benefit). Third, the opinion of classical scholars. Fourth, the thought of experts regarding the Covid-19 vaccine.]]>
<![CDATA[The ‘afw Principle and The Indonesian Restorative Justice System ]]>
<![CDATA[Muhammad Rijaldy Alwy Alwy]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4726
<![CDATA[This paper explains the implementation of the ‘afw principle, a forgiveness principle known in Islamic criminal law, as an objective of Restorative Justice. Although the restorative justice has not been regulated in specific and comprehensive legislation in Indonesia, the restorative justice is currently regulated in at least three different institutional regulations, including the Circular Letter of the Chief of the Indonesian Police Number SE/8/VII/2018 (SE Kapolri), the Regulation of Indonesian Attorney Number 15 of 2020 (Perja), and the Decree of the Director General of the General Judiciary Body Number 1691/DJU/SK/PS.00/12/2020 (SK Dirjen Badilum). The three regulations provide a broad and slightly different explanation of how restorative justice objective is, which is likely to be interpreted in different means. However, the three institutional regulations have a similar approach to reconcile the victim and the perpetrator. The reconciliation seems to be a predominant restorative justice objective to enforce a criminal offence in Indonesia. This research uses a doctrinal methodology by analysing primary data sources, such as Indonesian legislation and Islamic sources of law, and secondary sources from relevant literature. The result indicates that there has not been comprehensive Indonesian legislation on restorative justice, particularly in terms of the objective. Incorporating the ‘afw principle as a restorative justice objective will provide more sense of justice for the victim and the alleged offender.]]>
<![CDATA[The Implementation of Maqasid Al-Shariah in Shaykh Yusuf Al-Qardhawi’s Fiqh al-Aqalliyat ]]>
<![CDATA[Amir Sahidin]]>;
<![CDATA[Muhammad Alif Rahmadi Muhammad Alif Rahmadi]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4724
<![CDATA[This article aimed to respond Muslim minorities' anxiety in the West, which deals with several dilemmatic choices of daily religious life activity. Muslim minorities are required to obey the teachings of Islam. Still, on the other hand, it contradicts with the reality of how difficult practicing Islamic teachings in Western countries according to the Islamic teachings such in Muslim-majority countries. Therefore, Shaykh Yusuf al-Qardhawi saw the need to initiate fiqh that could guide Muslim minorities in the West to continue to practice Islamic law, although in a slightly different format from prevailing teachings in Muslim-majority countries. This fiqh is popularly known as Fiqh al-Aqalliyat. As initiator, Shaykh Yusuf al-Qardhawi was very concerned about the implementation of maqāṣid al-sharī‘ah. This article used library research. Based on this study, it can be concluded that the implementation of maqāṣid al-sharī‘ah in Shaykh Yusuf al-Qardhawi's Fiqh al-Aqalliyat can be seen from the basis of his arguments, which aims such as the basis of the proposition relying on the law. It is also based on the main source of maqāṣid al-sharī‘ah, the principle of paying attention to universal fiqh rules, etc. Furthermore, we can also consider his fatwas, such as the problem of overseeing the implementation of Friday prayers, the law of inheritance from non-Muslims, christmas compliment to Ahlul Kitab, and establishing Islamic institutions from zakat assets.]]>
<![CDATA[Manifest Social Justice Judging from the Principles of Islamic Law on Corporate Criminal Aspects of the Environment: Literature Review ]]>
<![CDATA[Rimsyahtono]]>;
<![CDATA[Nandang Sambas]]>;
<![CDATA[Ratna Januarita]]>;
<![CDATA[Neni Sri Imaniyati]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4958
<![CDATA[Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.]]>
<![CDATA[The Uniqueness of Waqf Land Disputes Resolution Denied by Some Heirs (Case Study of Waqf in Pondok Pesantren X Jombang Jawa Timur) ]]>
<![CDATA[Nur Yaumil Hikmah]]>;
<![CDATA[Hartini]]>;
<![CDATA[Joesoef Shidqi Marsa Robiyantoko]]>;
<![CDATA[Irfan Aziz Al Firdaus]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4862
<![CDATA[This paper discusses a handover of land for waqf from Mrs. Setyowati (a pseudonym) to Pondok Pesantren X (a pseudonym) around 1993-1998 in Jombang, East Java which is done not in front of a Waqf Pledge Deed Official or Pejabat Pembuat Akta Ikrar Wakaf (PPAIW). The waqf done by wakif had not been registered as waqf land at Office of Religious Affairs or Kantor Urusan Agama (KUA), a substitution deed is required, because the wakif has passed away. During the certification process, some heirs chose to deny the waqf done by their mother due to economic factor and the waqf around 1993—1998 contain a legal flaw. The nazhir chose nyusuki to the heirs as a form of dispute resolution because it is considered a win-win solution. This research is empirical juridical research. This research shows that the act of nyusuki by the nazhir is an effective form of waqf dispute resolution in an amicable manner due to the denial of the waqf by some heirs of the wakif. Although it violates the waqf rules in Indonesia, there are benefits that arise from the act of nyusuki, namely contributing to the smooth development of new educational unit of Pondok Pesantren X so that waqf purpose can be achieved.]]>
<![CDATA[Repetition of the Marriage Contract (Shihhah) in the Rifaiyah’s Tradition ]]>
<![CDATA[Dahrul Muftadin]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4313
<![CDATA[In the tradition of Jama'ah Rifaiyah there is the practice of repeating the marriage contract called Shihhah. This tradition emerged from the understanding of the central figure of the Rifaiyah congregation, Kiai Ahmad Rifai, who categorized some Muslims who supported the Dutch colonial government into the category of wicked believers, including the Penghulu (Chieftain). Penghulu who are under the auspices of the colonial government are considered no longer have a "adil/fair" nature. This has resulted in any marriage process led by the government head being considered invalid, because the chieftain is not a fair believer who is required to lead the marriage process. This tradition lasted until the post-independence period. The purpose of this study is to find out the practice of shihhah from the colonial period until now and what factors are behind it. Field research with a descriptive-analytical approach found that the practice of shihhah among the Rifaiyah congregation experienced a shift. The practice of shihhah is still carried out by some Rifaiyah congregations even though the Indonesian government is no longer a colonial government. Some Rifaiyah congregations still practice shihhah on the grounds of a clash with a religious figure. However, many Rifaiyah congregations no longer practice shihhah.]]>
<![CDATA[Application of Inheritance Law in Minangkabau According to Islamic Law ]]>
<![CDATA[Rahmadanil]]>;
<![CDATA[Rifka Zuwanda]]>
<![CDATA[ Jurnal Hukum Islam Vol 19 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v19i2.4722
<![CDATA[The majority of Minangkabau people give heirloom to their daughters, not to their sons. The heirloom that is passed down from generation to generation becomes a high heirloom, while the heirloom resulting from the work of parents becomes a low heirloom. High heirloom and low heirloom are different from the division of inheritance law in Islam. High heirloom is intended for daughters, low heirloom has the right of a sons in it (handed over to uncle as head of heirloom and he is responsible for the mandate given by parents). This empirical juridical research obtained data from document studies, interviews, and questionnaires. The results of the study show that Minangkabau society still uphold Islamic law because the guidelines in the application of inheritance distribution are sourced from sharia law, but the terms are different. In practice, high heirloom and low heirloom are on the same line as the inheritance law material. No one is harmed in its application, in accordance with the provisions stipulated by custom or Islamic law.]]>
