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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 96 Documents
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The Uniqueness of Waqf Land Disputes Resolution Denied by Some Heirs (Case Study of Waqf in Pondok Pesantren X Jombang Jawa Timur) Nur Yaumil Hikmah; Hartini; Joesoef Shidqi Marsa Robiyantoko; Irfan Aziz Al Firdaus
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 | DOI: 10.28918/jhi.v19i2.4862

Abstract

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.
Islamic and Cultural Negotiations in Endogamous Marriage in Kerinci Nuzul; Hidayatullah
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.v20i1.6515

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.
Repetition of the Marriage Contract (Shihhah) in the Rifaiyah’s Tradition Dahrul Muftadin
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 | DOI: 10.28918/jhi.v19i2.4313

Abstract

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.
Application of Inheritance Law in Minangkabau According to Islamic Law Rahmadanil; Rifka Zuwanda
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 | DOI: 10.28918/jhi.v19i2.4722

Abstract

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.
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 and Public Policy: A Study of Zakat Fatwas from the New Order Era to the Post-Reform Era Moh. Mufid .; Adamu Abubakar Muhammad
Jurnal Hukum Islam Vol 21 No 2 (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_v21i2_01

Abstract

The ambiguity of the relationship between the state and religion in Indonesia causes the unique dynamics experienced by the legislative process of Islamic law in Indonesian laws and regulations. In this context, the Indonesian Ulama Council has a strategic position to encourage the legislative process of Islamic law into state law, including zakat norms. This paper discusses the legislation of Islamic philanthropic fatwas in state law that regulates zakat management in Indonesia, which is manifested in public policy. This research is normative research with a philosophical and historical approach. The research data used were the 22 fatwas of the Indonesian Ulama Council regarding zakat. The research results showed that Islamic philanthropic fatwa norms contribute significantly to public policy interventions that are oriented toward empowerment and community welfare improvement. This paper argues that the relationship pattern of the Indonesian Ulama Council's fatwa regarding zakat and positive law is as follows: first, sometimes a zakat fatwa strengthens state policies for the public benefit (ta'yīdī), and second, it becomes legal materials in formulating and making public policies (insyā'ī). Thus, the Islamic philanthropic fatwas of the Indonesian Ulama Council can become a tool of social control and a tool of social engineering for the Indonesian Muslim community.
Implementation of Shariah Hospital Management Fatwa and Good Corporate Governance Principles: Another Fact from Shariah Hospital Abdul Kholiq Syafa’at Syafaat; Qaiser Abdul Kareem Hamoode; Muwahid
Jurnal Hukum Islam Vol 21 No 2 (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_v21i2_08

Abstract

The development of Shariah hospitals must be accompanied by good corporate governance standards based on Shariah principles. Instead, the Fatwa of the Indonesian Ulama Council has become a guideline for Shariah hospital governance but is still not well implemented by the majority of Shariah hospitals in Indonesia. This research analyzes the implementation of the Fatwa of the Indonesian Ulama Council regarding Guidelines for Organizing Hospitals Based on Shariah Principles using indicators of Good Corporate Governance principles. This research used qualitative methods and approaches. Data collection used observation, interviews and document studies. The research location was the East Java Province Shariah Hospital. The research results show that the implementation of the Fatwa of the Indonesian Ulama Council regarding Shariah-based hospitals management in East Java Province has been effective. The fulfillment of the elements of the principles of Good Corporate Governance proves it. For example, the principle of transparency emphasizes a one-stop service with Islamic moral and ethical foundations. The principle of accountability in Standard Operating Procedures is based on the value of devotion to Allah SWT. The principle of responsibility prioritizes honesty and guidance to patients and internal hospital staff, in line with the principle of monotheism. The principle of independence is realized in each unit in the hospital, not to dominate each other, and there is no intervention from other parties, in line with the principle of ridha. 

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