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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 96 Documents
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Islamic Law Challenges in Addressing Human Trafficking and Sexual Exploitation Nur Insani; Suud Sarim Karimullah; Sulastri
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_06

Abstract

Human trafficking and sexual exploitation remain complex global problems. Islamic law, as one of the legal systems in the world, has a strategic role in participating in overcoming this problem. However, the Islamic legal norms implementation requires support from the state and society. This research discusses the strategic role and challenges of the law in overcoming human trafficking and sexual exploitation. The research method used normative Islamic law with a philosophical approach. The analysis technique used prescriptive analysis, with the analysis process using Islamic legal reasoning. The research results show that Islamic law has a strategic role in resolving the problem of human trafficking and sexual exploitation. The argument is that, philosophically, Islamic law emphasizes the importance of maintaining human honor and dignity, while theoretically, Islamic law recognizes two main concepts in punishment, namely hudud and ta'zir. Hudud is a punishment determined by Allah and has clear rules in the Quran and Hadith. Meanwhile, ta'zir is a punishment determined by a judge for the benefit of society. The challenges of Islamic law in overcoming human trafficking and sexual exploitation are a lack of understanding of Islamic legal norms, which requires human values and justice; Islamic law is not implementable; and there is a perception that the principles of Islamic law can only be applied in Islamic countries. Therefore, global Muslim countries and communities are the main actors in maximizing the application of Islamic legal principles in overcoming human trafficking and sexual exploitation.
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.
Inappropriate Behavior in Buying and Selling Usernames on Twitter: An Islamic Law Perspective Auliya Ghazna Nizami; Andini Rahma Hidayah; Hidayatulloh
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_04

Abstract

Transformations in the digital world allow illicit transactions such as buying and selling usernames, which are currently popular among social media users, especially on Twitter. The more people who use Twitter, the more usernames are used, and the system will automatically reject new user requests with usernames that have already been used. This research examined username buying and selling transactions and inappropriate behavior by users on Twitter. This research used qualitative methods with an approach to Islamic legal norms. Data were obtained from document studies and interviews with sellers and buyers of usernames via Twitter direct messages. The results of the research showed that buying and selling usernames are an illegal and prohibited sale because many inappropriate behaviors, such as hacking, are found, resulting in nonfulfillment of the conditions for the objects bought and sold. Islamic law stipulates that traded objects must meet requirements such as perfect ownership, clear, useful, and halal. This means that there is no element of gharar in every buying and selling transaction because it can cause disputes between the seller and the buyer.
Legal Politics of the Existence of Fatwa in Islamic Financial Institutions: Evidence from Indonesia Heris Suhendar; Oyo Sunaryo Mukhlas; Atang Abd. Hakim
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_03

Abstract

The existence of the DSN-MUI Fatwa cannot be separated from the political situation of Indonesia and the legal politics of the formation of Islamic economic regulations. At the end of Soeharto's presidency, the government began to listen to the aspirations of Muslims to incorporate sharia values into legislation. This research aims to examine the background of the issuance of Fatwa DSN-MUI through a legal political approach, and examine the legal position of Fatwa DSN-MUI in Islamic financial institutions. The type of normative research whose object of study is Fatwa DSN-MUI using statute approach, conceptual approach, and historical approach. Sources of legal and non-legal materials were obtained from literature and documentation studies. The existence of Fatwa DSN-MUI is caused by two factors, namely: First, the existence of regulations that require every Islamic financial institution to carry out its business activities in accordance with the Fatwa DSN-MUI; and Second, the development of product innovation in every Islamic financial institution that requires Fatwa DSN-MUI as norms and operational guidelines that govern it. Therefore, the position of Fatwa DSN-MUI in legal substance is morally and legally binding for all Islamic financial service business actors. The binding of the DSN-MUI Fatwa is due to the existence of orders from the legislation. This is differentiates the Fatwa of DSN-MUI from other religious fatwas.
The Norm of Rate Fixing of Islamic Banks Based on Conventional Bank Rates: Evidence from Indonesia Agus Fakhrina; Islahuddin
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_05

Abstract

Interest rate fixing is a monetary tool used to control the money supply and hence inflation by the central bank. However, it cannot be applied to Islamic banks due to the prohibition of interest in Islam. This paper examines whether the central bank may implement rate fixing for Islamic banks, given that interest is forbidden, and the fixing of prices by the government is also generally prohibited, according to Hadith and the consensus of Islamic jurists. A documentation study was conducted to comprehend the viewpoints of classical and contemporary Islamic jurists and the National Shariah Board−Indonesian Ulama Council's fatwa. The analysis used Islamic law methodology (uşūl fiqh), which included combining the opinions of classical and contemporary Islamic jurists through the al-jam’u and the legal maxim approach, "al-‘ādah muhakkamah" approach to the custom practiced by Islamic banks, and the maqāşid approach. The research findings illustrate that Islamic banks have been using rates to calculate profits as the National Shariah Board−Indonesian Ulama Council accepts the notion of the time value of money, provided it is not utilized in loan transactions. This condition could enable the central bank to set the rates for Islamic banks, which is an effective tool for controlling the money supply and achieving economic stability, thus contributing to the realization of community welfare (maslahah 'ammah). 
Epistemology of Fatwas on Digital Transaction in Indonesia Akmal Bashori; Mutho'am Mutho'am; Wan Noor Hazlina Wan Jusoh
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_02

Abstract

The shift from conventional business transactions to digital business transactions, especially for the Muslim community in Indonesia,  necessitates a fast and reactive response from current laws. The theoretical argument that has been developed thus far is that the fatwa is the most appropriate legal tool for Muslim communities to respond to the rapid development of digital business. Nevertheless, do the existing fatwas fulfill legal needs as expected in this era of digital transactions? Hence, this paper discusses digital transaction fatwas within the framework of Islamic legal epistemology, especially fatwas from the National Shariah Council–Indonesian Ulama Council. The research method uses normative juridical with a conceptual and historical-uṣūliyah approach. This research finds that the contemporary fatwa epistemology of the National Shariah Council–Indonesian Ulama Council in terms of digital transactions employs istiṣlāhī arguments. This is shown by the proposition that fiqh rules are more dominant than textual ones. Moreover, the arguments in the fatwa of the National Shariah Council–Indonesian Ulama Council provide signs of benefit as the estuary of maqāṣid syarī'ah. The consistency of the use of legal methodology utilized by the National Shariah Council–Indonesian Ulama Council in fatwas on digital transactions is shown in the structure and utilization of al-nuṣūṣ al-shariah arguments, the opinions of ulama, and the rules of fiqh, which are expanded from the five rules of fiqh into eight rules. These fatwas are reliable and valid in terms of dictum and method, thus supporting the development of the current digital transactions.
Legal Determination of Husband's and Wife's Disobedience in Shia Law and the Islamic Law Compilation: A Comparative Study Amirul Bakhri; Imam Taufiq
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_07

Abstract

Disobedience between husband and wife (nusyuz) in marriage remains a problem in contemporary Muslim society today. The theoretical argument developed so far is that there are different provisions regarding norms of disobedience between husband and wife in marriage in Islamic society. This research analyzes the problem of disobedience between husband and wife called nusyuz by comparing two different laws, namely the Islamic Law Compilation and the Shia Tafsir book by Nashir Makarim al-Syirazi, as the basis for Shia Law in Iran. The selection of these two laws is based on the argument that they have differences regarding the concept of nusyuz. The research method takes normative Islamic law. The approach uses a legal synchronization, conceptual, comparative, and historical approach. The research results show that the compilation of Islamic law only regulates the nusyuz of wives towards husbands, including punishment for wives, and not vice versa. Meanwhile, Shia law regulates the nusyuz carried out by both husband and wife, including punishment for each husband and wife who commits nusyuz. The basis of legal philosophy used in determining Shia law is equality of justice between humans in the law (murā'āt al-'adālah wa 'adamu tafrīq baina al-nās), as in the Shia Tafsir book by Nashir Makarim al-Syirazi. Therefore, it is necessary to reinterpret the nusyuz law to update Islamic law in the contemporary era.
The Effectiveness of the Implementation of the Norms for the Distribution of Zakat Funds in BAZNAS of Pekalongan City (Articles 25 and 26 of Law No. 23 of 2011) Jumailah; Ahmad Fauzan
Jurnal Hukum Islam Vol 20 No 2 (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.v20i2.2274

Abstract

This paper analyzes the effectiveness of implementing norms for the distribution of zakat funds and the implications of their distribution referring to Articles 25 and 26 of Law no. 23 of 2011 concerning Zakat Management and Article 3 PP Number 14 of 2014 concerning its Implementation. This regulation is a guideline for managing zakat funds carried out in Pekalongan City. Research location at BAZNAS Pekalongan City. This type of research is empirical juridical, data is collected from observations and interviews with BAZNAS managers in Pekalongan City. Analysis uses an interactive model. The research results show that the implementation of the distribution of zakat funds at BAZNAS Pekalongan City refers to the norms of Law no. 23 of 2011. However, in fact it is not effective, because to measure the effectiveness and success of law enforcement depends on three elements of the legal system, namely: First, the legal structure, the management of BAZNAS Pekalongan City has been formed. Second, the legal substance is supportive, namely the existence of statutory instruments that regulate Zakat Management. Third, the legal culture of the people of Pekalongan City is predominantly Muslim and they know the obligation to pay zakat, supported by the Mayor's circular about paying zakat at BAZNAS. In this case, efforts to change the position of mustahik into muzaki have not been achieved, but the economic conditions of the mustahik have become capable. Therefore articles 25 and 26 of Law no. 23 of 2011 is not yet effective.
HISAB FALAK DAN RUKYAT HILAL: ANTARA MISI ILMIAH DAN SERUAN TA’ABBUD Shofiyullah Mukhlas
Jurnal Hukum Islam Vol 7 No 1 (2009)
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.v7i1.580

Abstract

Hisab (calculation of reckoning) and ru'yah (determining date by sighting of moon), as the methods used to determine the beginning of Islamic calender represent two significant matters need deeper discussion. However, the different methods in the determination of lunar months system requires further discussion concerns with the validity of the methods of determining the beginning of the month, so does the method used by Rasulullah SAW. In determining the lunar months system, Hisab seems to be an attempt that uses scientific approach, while Ru'yah seems to be an attempt that use ta'abbudiyah approach. This fact is often exposes people to two alternatives, giving priority to scientific method or deemed contrary to leave the scientific method with emphasis to ta'abbudiyyah.

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