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ULUL ALBAB

ululalbab
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Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang

ISSN : 18584349 EISSN : 24425249 DOI : -

Core Subject : Religion, Humanities, Art,

Religion Arts Humanities

ULUL ALBAB Jurnal Studi Islam (ISSN 1858-4349 and E-ISSN 2442-5249) is the journal published biannually by Universitas Islam Negeri Maulana Malik Ibrahim Malang. The journal puts emphasis on aspects related to Islamic studies, with special reference to Islamic law, Islamic education, Islamic politics, society, Islamic philosophy, Quran and hadith, and theology. Ulul Albab has been accredited by The Ministry of Research Tecnology and Higher Education of the Republic of Indonesia (SK Dirjen Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi No. 48a/E/KPT/2017). The languages used in this journal are Indonesia, English and Arabic.

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Articles 7 Documents

Search results for , issue "Vol 18, No 1 (2017): Islamic Law" : 7 Documents clear

MEDIASI PENAL PERSPEKTIF HUKUM PIDANA ISLAM Rizal, Moch. Choirul
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

This conceptual study is to review two things. First, the penal mediation concept in perspective of Islamic criminal law. By outlining penal mediation as an alternative to the settlement of a criminal case out of court through a voluntary agreement between the victim and the perpetrator, then, at least, it is in accord with the concept of qishash-diyat and its punishment. Second, the contribution of the core idea of mediation penal in perspective of Islamic criminal law is for criminal law reform in Indonesia. In a review of these studies, the core idea of mediation penal in Islamic criminal law perspective fulfills the philosophical, juridical, and sociological aspects, so that the criminal law reform led to the strengthening and optimizing the penal mediation as an alternative to the settlement of the criminal case. The core ideas are: (1) the existence of penal mediation is necessary to set up first by legislation in Indonesia; (2) not all criminal offenses can be resolved through mediation penal; (3) there is no element of coercion on the involvement of both parties in conducting penal mediation; (4) the compensation agreed upon by the perpetrator and the victim or him/her family shall be given directly to victims or their families and not to the state; and (5) the completion of the criminal case by optimizing the penal mediation can abolish punishment for the perpetrators.

JUAL BELI HEWAN TONAK LOPEH KAJIAN HUKUM ISLAM: Studi di Desa Gema Kampar-Kiri Hulu Nasyiah, Iffaty
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

The background of this study is the habit of Gema Kampar Kiri villagers at Hulu district in terms of buying and selling cattle. They call it,â€œtonak lopehâ€ transaction. Its practice is different from the common transaction practice i.e the purchased livestock does not directly switch to the buyer and it is purchased only partially, ranging from one sixteenth to a half. Another uniqueness is that these cattle are not kept in the cage, but are released in the meadow. Based on this background, the researchers formulate a problem that is how the view of Islamic law about the practice of this transaction. This research is an empirical law research with sociological juridical approach. The result of this research is the sale of â€œpartialâ€ livestock in the opinion of Imam Nawawi in his book Minhaj al Thalibin is in accordance with Islamic law because the object of sale and purchase should not be in part, unless the value and benefit from the goods is not reduced.

STUDI HUKUM ISLAM TERHADAP KEWARISAN MASYARAKAT ADAT SEMENDO KABUPATEN LAMPUNG BARAT DI ERA KONTEMPORER Mukhlishin, A; Khotamin, Nur Alfi; Rohmawati, Ari; Ariyanto, Ariyanto
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Society of Semendo tribe follows matrilineal kinship system within major legacy. It means that the elder daughter is the only heir in legacy practice which is called Tunggu Tubang. It is a significant case for studies on Islamic law, especially the legacy law system of Islam. In Islamic legacy system, the distribution always sets out justice principle, equivalence, and prosperity in its implementation. Therefore, the focus of this study is the analysis of Islamic law toward the legacy in society of Semendo at West Lampung in contemporary era. This research is field research by using qualitative approach. The finding shows that philosophically the legacy system of Semendo tradition in perspective of Islamic law (the legacy law of Islam) is not in contradictory with the basics of prosperity and ushul fiqh of â€œurfâ€ (tradition). Furthermore, in the contemporary era at West Lampung regency, it indicates displacement of existing values in Semendo society. The major legacy system gradually changes into individual legacy system that is parental as an effect of modernization and wider society network.

JUAL BELI COHUNG OLEH PENGRAJIN DADAK MERAK REOG PONOROGO: BOLEHKAH MENURUT ISLAM? Fadlila, Isna Nur
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

The focus of this study is to identify cohung (peacock carcass) sale by dadak merak reog craftsman in Ponorogo and to analyse the view of Indonesian Council of Ulama (Majelis Ulama Indonesia) at Ponorogo Regency on cohung transaction. This empirical study used qualitative method. Data sources cover interview with dadak merak craftsman and MUI at Ponorogo Regency as well as documentation and literature to answer the research problem. It results in two findings. First, cohung transaction by the craftsman is done to create the fierce of dadak merak and got on agreed price. Secondly, cohung sale according to MUI at Ponorogo regency has different reasons. It is permitted because the sale practice depends on the context that is to be used not for consumption, and assumed that it is not only as transaction but also as wage. It is forbidden to buy the carcass since peacock is preserved animal.

WACANA SYARIAT KONTEMPORER DI BARAT: Studi Pemikiran Wael B. Hallaq dan M. Barry Hooker Nasir, Mohamad Abdun
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Contemporary popular discourses about Islam, shariâ€™a and Islamic law in the West is often filled with the issues of terrorism, anti-democracy, human rights violation and womenâ€™s minor status in Islam, which all lead into negative perception. Unlike such popular views, Western scholars perceive shariâ€™a from various perspectives. They are quite critical to shariâ€™a in a positive sense. This article discusses Western scholarly discourses on shariâ€™a by comparing the thoughts and works of two most prominent figures, Wael B. Hallaq and M. Barry Hooker, who always concern with shariâ€™a, Islamic law and related social issues, such modernity, colonialism and legal system. Based on the model of the study of public figure and grounded its main data on Hallaqâ€™s and Hookerâ€™s main work, this study shows that these two scholars promote idealistic and contextual perception on shariâ€™a. From the ideal point of view, shariâ€™a is seen a product of scholarly independent work by Muslim jurists, whose authority now is unfortunately taken over by the state. The contextual view regards shariâ€™a as flexible Islamic religious or legal norms that are adaptable to the changing social and political environments so they are easily transferrable into the educational, legal and political system in a country like Indonesia, entailing what is called â€œnational mazhabâ€.

ADVOKAT SYARIAH DALAM MEDIASI PERKARA PERCERAIAN MENURUT MAQASHID AL SYARIAH Hariyanto, Erie; Niâ€™matunnuriyah, Niâ€™matunnuriyah
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

The emergence of thinking about the role of profession sharia advocate in the mediation of divorce cases that is derived from a fact produced by the judiciary in solving the case of divorce, which is almost 100% is a conventional decision that essentially have a pattern of win or lose. It is rare to find a win-win solution. Yet the most important is when the judiciary is not only referred to as deciding cases, but also solve the case. One of the alternatives presented in solving the divorce case is based on the win-win solution, The problem to be studied in this article is how the duty and responsibility of sharia advocate profession within the framework of maqahid al syariah. Where the task of sharia lawyers in general is the same as the non-sharia advocate task that is to defend public interest (public defender) and client in upholding justice. But what distinguishes it from non-sharia advocates is in providing defense, counseling, and being authorized for and on behalf of his clients sharia advocates based on the principle of help-help, cling to the source of Islamic teachings. Second, the role of the advocate profession in the mediation of divorce cases should be submitted to a competent advocate, in this case is a sharia advocate. Advocates who have guidelines to always run their profession in accordance with the objectives of syara law (maqashid al syariah).

UNITED NATION CONVENTION AND ISLAMIC APPROACH ON THE RIGHT OF PERSONS WITH DISABILITIES: A Comparison Mokhtar, Khairil Azmin; Md Tah, Ikmal Hisham
ULUL ALBAB Jurnal Studi Islam Vol 18, No 1 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Persons with disabilities, either acquired or developed at some stages of his life due to factors such as injury and disease, are still a person with the same legal status and rights as individuals who do not have any disability. This paper, through conceptual and doctrinal analysis, explores the similarities and differences between human rights basedâ€™s approach and Shariahâ€™s approach towards people with disability. People with disability have equal right to live and to have a noble livelihood. The Convention on Rights of People with Disabilities of the United Nations has adopted the concept of human rights-based approach which requires people with disability tobe treated in a proper way. The convention believes that this group should not be treated differently and given similar opportunity to be developed and progressed as any other human being. On the same note, Islam sees disability as morally neutral. It is seen neither as a blessing nor as a curse. Accordingly, disability is accepted as being an inevitable part of the human condition. It is simply a fact of life which has to be addressed appropriately by the society of the day. In Islam people with disabilities are not being arbitrarily segregated and being discriminated unjustly. They should be given equal opportunity to progress and develop their potential just like any other human being. The final analysis shows that there is harmonious interpretation between Western human right and Islamic jurisprudence to protect this minority.

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Home Page

OAI Link

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Contact Name Benny Afwadzi

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Abstract

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Abstract

Contact Name
Benny Afwadzi

Contact Email
-

Phone
-

Journal Mail Official
jurnalululalbab@gmail.com

Editorial Address
-

Location
Kota malang,

Jawa timur

INDONESIA