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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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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 8 Documents
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Search results for , issue "Vol 21 No 1 (2023)" : 8 Documents clear
Hukum Kontrak Ba'i ibn al-Arabi dan Relevansinya Pada Masalah Maliah Muamalah Kontemporer Enang Hidayat; Abu Umar Faruq Ahmad
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_01

Abstract

The legal maxims of the ba'i contract are inductive Islamic legal reasoning, so their implementation has a static and dynamic character. Apart from al-Arabi, attention to two characters in one theme of fiqh (Islamic Jurisprudence) rules is rarely discussed by Islamic jurists. It is one of the reasons for the failure to dynamize the theory and practice of Islamic economic law, resulting in various criticisms. This research discussed the legal maxims of the ba'i contract of al-Arabi in Al-Masalik fi Syarh Muwatta Malik and their relevance to contemporary muamalah maliah issues to provide complete answers to various criticisms in contemporary Islamic legal theory and practice. The research method used normative Islamic law with a conceptual, philosophical, and historical approach. The data collection technique used a document study of Ibn al-Arabi's work "Al-Masalik fi Syarh Muwatta Malik" related to the fiqh rule on the Ba'i contract. The analysis technique was prescriptive analysis with logic and inductive legal reasoning. The research results show the ten fiqh rules of the ba'i contract developed by al-Arabi that have static characters, namely usury, garar or jahalah, consuming wealth in vanity, and deceit (gasysi). Besides, those with dynamic characters are urf, emergency, and maqasid al-syariah/sadd al-zariah. The rule fiqh is relevant to contemporary muamalah maliah contract issues, such as cashback systems, dropship systems in online buying and selling, stock sales, pre-order systems, and electronic transactions (e-money). Therefore, these rules can be used as an ‘illat (ratio legis) for resolving problems in the contemporary muamalah maliah contract.
Pernikahan Online Dalam Perspektif Fiqh Nawazil Muhammad Taufiq; Mohammad Badruddin Amin; Ahmed Salem Ahmed; Mohammad Umar Hafiz Mohammad Idrees
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_02

Abstract

Online marriage is a phenomenon of the global Muslim community, which raises different opinions from Islamic jurists about its validity because there is no Al Qur’an argument and hadith text, so it requires legal elaboration. This article discusses the online marriage practice as a phenomenon of contemporary Muslim society and online marriage from the perspective of fiqh nawazil. Thus, the arguments (nash) of the online marriage phenomenon can be explained clearly and comprehensively. This research used normative method with a conceptual, philosophical, and comparative approach between maslahat  and mafsadat. The study results show that online marriage is a marriage carried out using online media, such as video calls, Zoom meetings, Webex, and Skype. Online marriage has fulfilled the pillars of marriage, but some conditions that have not been fulfilled, i.e., ijab and qabul, must be said in one location. The use of fiqh nawazil is very suitable to be used as a theory of analysis by using one rule, namely "al-Muwazanah bayna al-Mashalih wa al-Mafasid" (considering maslahat  and mafsadat). From the perspective of Fiqh nawazil, an online marriage contract is not legal. It is based on the tarjih theory "dar-u al-Mafasid Hall min Jalbi al-Mashalih," where preventing mafsadat (disadvantage) is more crucial than realizing maslahat  (benefit).
The Norm of Marriage Age Limit and Cultural Contestation of Child Marriage Law in Rural Communities Syahrudin Hidayat; Abdul Ghofur; Ummul Baroroh
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_03

Abstract

Changes in state legal norms regarding the age limit for marriage have been implemented to reduce the number of child marriages in Indonesia. However, child marriage is still practised, especially in rural areas of Central Java. This paper discusses three main problems, namely the prevalence of child marriage in rural areas, the dominance of tradition and dogmatic understanding of religion, the impact of poverty and social media technology as factors influencing child marriage in rural communities, and the transformation of social engineering through education and economic improvement to overcome the problem. child marriage in rural areas. This legal sociology research uses a qualitative approach.  Data analysis techniques use interactive models. The study shows that the prevalence of child marriage increased by 300% after changes in norms regarding the age limit for marriage, especially in rural communities. This happens because child marriage in rural communities is a tradition passed down through generations. Traditions and religious norms understood by rural communities as allowing child marriage have become an unwritten legal system implemented by the community. Changes in state legal norms regarding marriage age limits have the potential to disrupt established social institutions, so that sociologically they are not binding as norms for rural communities, giving rise to an apathetic public response. Therefore, efforts to improve the education and economic systems with a holistic approach are very effective in overcoming the problem of child marriage in rural communities.
Development of Artificial Intelligence in the Dispute Resolution of Religious Courts Imaro Sidqi; Siti Maymanatun Nisa; Hening Sukma Daini
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_04

Abstract

The number of disputes in religious courts continues to increase every year, giving great potential to develop the use of artificial intelligence to make it more efficient and effective by paying attention to the basic principles of Islamic law. This paper discusses the potential and development of the use of artificial intelligence technology in dispute cases in religious courts based on Maslahah Mursalah. The research method is juridical-normative, with a conceptual and philosophical approach. The research shows that the use of artificial intelligence in dispute resolution at religious courts is important for the reason that it can minimize the risk of errors and help judges determine legal considerations in the dispute resolution of Islamic law so that they are more accurate, effective, and efficient. The potential for developing the use of artificial intelligence technology in religious courts must consider several aspects, including the integration of artificial intelligence technology in the dispute resolution process in religious courts, the development of artificial intelligence-based decision support systems, and legal-ethical aspects of the use of artificial intelligence in religious courts. The formulation of the concept for developing the use of artificial intelligence technology in dispute resolution in the religious courts must be guided by the Maslahah Mursalah principle as a moral-ethical foundation within the legal system framework, which includes legal structure, legal substance, and legal culture so that the development of the use of artificial intelligence technology in the disputes resolution of Islamic law in religious courts be effective and justice for all.
Massekke Tradition: Syncretism of Local Culture and Islamic Sharia in the Fishermen’s Community at the Spermonde Archipelago, South Sulawesi Zainuddin; Salle; Hasbuddin Khalid
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_05

Abstract

Zakah is an obligation for Muslims which is strictly regulated in Islamic law, but in Muslim communities in Indonesia, its implementation cannot be separated from local traditions. This research discusses the Massekke tradition in implementing Zakah and cultural syncretism in the Massekke tradition in fisherman communities in the Spermonde Islands, South Sulawesi. This socio-juridical research uses a qualitative approach. The analysis technique uses interactive models. The results show that the fisherman's community in the Spermonde Islands recognizes two types of Zakah, namely sekke fittara (Zakah al-fitr) and sekke warang parang (Zakah on the property). Zakah payments are made in the middle of the month of Ramadan until the end of the month of Ramadan in the form of rice or money accompanied by pelleng (candlenut) and candles as a symbol which means that the Zakah payer has a clear heart when paying Zakah, which begins with mappacci as a form of purification of property, body and soul. Mustahik ( recipient of Zakah) among fisherman"s communities at the Spermonde Islands, namely guru pangngaji (Qur'an teacher), puang imam (Imam of the Mosque), sanro pammanaq (midwife) and community leaders. The mixing of Islamic law and local culture in the massekke tradition is a cultural syncretism that is alive and preserved in local communities in Indonesia.
Conjoined Twin Marriages in the Perspective of Islamic Law Ma’adul Yaqien Makkarateng; Muljan; Nurfajriani
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_06

Abstract

Conjoined twins have rights that must be fulfilled like other humans, namely the right to marry. However, Islamic Law scholars still debate the validity of conjoined twin marriages. This research discusses the debate about the marriage of conjoined twins in Islamic law. The research method uses normative juridical with an Islamic legal approach. The results show that conjoined twins are generally divided into two groups, conjoined twins who can be separated by surgery and conjoined twins who cannot be separated by surgery. Based on the organs or body parts that are connected or united, conjoined twins are divided into several types, such as cephalopagus, thoracopagus, omphalopagus, ischiopagus, craniopagus, heteropagus, epigastric heteropagus, phygopagus, thoraco-omphalopagus, prosopo-thoracopagus, rachipagus, parapagus and dicephalic parapagus. Islamic law does not specifically explain the type of marriage of conjoined twins. However, the law of conjoined twin marriage can be determined by classifying whether each conjoined twin has the consciousness of one person or two people. Besides that, it can also be determined by organising it into one person from below the navel and two people united to form two bodies above. The legal determination of twins on different bases means that the validity of conjoined twin marriages is still debated in Islamic law.
Islamic Philanthropy: Implementation of Regulations And Utilization of Waqf Proceeds in Jambi Maryani; Zainal Arifin; M. Kamal Fathoni; Neni Triana; Pidayan Sasnifa; Shofian Bin Ahmad; Rahmi Hidayati; Ramlah
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_07

Abstract

The management and utilization of waqf is regulated in the waqf law. However, the majority of Nazirs did not carry it out. This was caused by the Nazirs' doubts that the state legal norms governing waqf were not in accordance with Islamic legal norms. This research aims to analyze the application of state legal norms in managing and utilizing waqf assets. The research method uses empirical juridical with a qualitative approach combined with statutory and conceptual approaches. The research location is in East Tanjung Jabung Regency, Jambi. The research results show that Nadir's low knowledge and understanding of state legal norms governing waqf management, including their low experience and professionalism in managing waqf, causes doubts for Nadir in developing management and productive use of waqf. Even though state legal norms governing the management and use of waqf do not conflict with Islamic law, madhab scholars view the use of waqf assets as permissible, although some scholars have differing opinions regarding the limits of such use. Therefore, increasing Nadir's understanding of state legal norms and Islamic legal norms that regulate the management and utilization of waqf is an urgent agenda in order to improve the welfare of the people.
Fiqh Muamalah Analysis of the Fundraising Zakah through Conventional Bank Accounts Imam Kamaluddin; Vina Fithriana Wibisono; Andini Rachmawati; May Shinta Retnowati; Fawwaz Raihan
Jurnal Hukum Islam Vol 21 No 1 (2023)
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_v21i1_08

Abstract

Collecting zakah funds through conventional banks is vulnerable to elements of usury. Whereas, Islamic legal norms have strictly regulated that all assets must be protected from the element of usury, including Zakah funds. This research analyzes the collection of zakah funds by zakah fund collection institutions which is carried out by giving muzaki (zakah givers) the option to transfer zakah funds using conventional bank accounts. This paper discusses two schemes,i.e: first, the mechanism for collecting zakah funds through conventional bank accounts; second, analyzing the collection of zakah funds from the perspective of Muamalah Fiqh, namely using the Tabarru agreement. The research method uses empirical juridical with a qualitative approach.  The results show,  the mechanism for collecting zakah funds through conventional bank accounts is that muzakki are given the option to transfer zakah funds to a conventional bank account or sharia bank,  which is owned by the institution collecting zakah funds; then the institution collecting zakah funds separates the bank interest from conventional banks for the public needs, such as building roads, public toilets, bridges, etc; and finally distributing it to Mustahiq. According to Fiqh Muamalah, the factors that cause a transaction to be haram are haram because of its substance, haram in addition to its substance and the cancellation of the contract. Meanwhile, the permissibility of a haram transaction must be channelled for social benefit, because this action is better than entrusting non-halal funds to a Sharia Bank.

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