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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam DE JURE Nurani: Jurnal Kajian Syariah dan Masyarakat Analisa KARSA: Jurnal Sosial dan Budaya Keislaman (Journal of Social and Islamic Culture) Mimbar Keadilan JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial AT-TURAS: Jurnal Studi Keislaman Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Hukum Prasada Sakina: Journal of Family Studies Analisa: Journal of Social Science and Religion Al-Istinbath: Jurnal Hukum Islam Priviet Social Sciences Journal
Bachri, Syabbul
UIN Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Bias or Reality: Rethinking of Halal Tourism in Indonesia Muhammad, M; Bachri, Syabbul; Husnaini, M
KARSA Journal of Social and Islamic Culture Vol. 30 No. 1 (2022)
Publisher : Institut Agama Islam Negeri Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/karsa.v30i1.3322

Abstract

Lately, the term halal or sharia has become a trend in Indonesia caused that the term is identical to Islam and most Indonesian citizens are Muslim. Besides being a weapon to sell commodities on the market, halal labels are also used to promote tourism resorts. Indonesian Council of Religious Scholars (MUI) issues fatwa to regulate halal tourism and has the authority to issue halal tourism certificates. This study addresses academic anxiety, whether tourism that has received a halal certificate following the MUI fatwa is natural halal tourism or it is only a formality of marketing bias. This article uses the field study method that results from direct observation and literature study to ascertain the meaning of halal. The study results showed that no tourism in Indonesia deserves a halal label even though it has obtained a halal certificate from the MUI. It is observed that in many tourism locations, disobedience and neglect occur. The term halalis a tourist object limited to marketing bias and is not confirmed in the field.
Critical Study of Amina Wadud's Thought in the Issue of Inheritance Zenrif, Fauzan; Bachri, Syabbul
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.22217

Abstract

This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.
The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy Bachri, Syabbul
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.11251

Abstract

This study aims to provide an explanation of the defense against criticism and blasphemy for the differences in the male and female divisions and their arguments. This research is a normative study with a conceptual approach. The primary and secondary data collected were then analyzed using a content analysis approach to provide an overview of the defense and arguments for the application of male and female share differences in Islamic inheritance law. The results of the study show that criticism and blasphemy from those who reject the difference in inheritance distribution between men and women cannot be justified because not in all cases do women get a smaller share than men. There are many cases where women get the same and even bigger share than men. Moreover, justice also cannot be interpreted as equal distribution, considering that in scientific terms, the term distributive justice is also known. The interpreters argue that the provisions of section 2:1 between men and women are a decree from Allah that must be carried out by arguing that the statements in the verses of the Qur'an are clear and qath'i. The demand for new ijtihad cannot be justified considering that in ushul fiqh there are rules which state that there should be no ijtihad in the provisions of qath'i texts.
Presidential Threshold in The Election of The President and Vice President from A Constitution and Human Rights Perspective Sukadi, Imam; Jundiani, Jundiani; Bachri, Syabbul; Sinal, Mohamad; As-Suvi, Ahmad Qiram
Mimbar Keadilan Vol. 17 No. 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.10320

Abstract

Art 222 Law Number 7 year 2017 concerning General Elections, regulates the provisions of the threshold where the acquisition of seats in the DPR must be 20 percent or obtain valid votes nationally as much as 25 percent then political parties can nominate and nominate pairs of presidential and vice-presidential candidates. Setting the Presidential Threshold in the election of President and Vice President in Indonesia from a constitutional and human rights perspective brings its own problems in the Indonesian constitutional system. The Presidential Threshold system does give rise to privileges for certain parties. This is because only parties that meet the threshold can compete directly in the presidential election. It is for this reason that the privileges of these major parties have given birth to political cartels. What is bad for democracy is that it eliminates equal competition for all potential candidates to contest the Presidential election. The Presidential Threshold is not justified in eliminating or emasculating the meaning of democracy which provides rights and freedoms for citizens. Among the constitutional rights include the right to vote, the right to nominate (the right to be a candidate), and the right to nominate candidates, these are rights guaranteed by the 1945 Constitution of the Republic of Indonesia which everything is reduced because of this Presidential Threshold provision.
The Family Corner for the Post-COVID 19 Revitalization of Family Function Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Zuhriah, Erfaniah; Mahmudi, Zaenul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i1.9122

Abstract

The COVID-19 pandemic has reduced family functions. During the COVID-19 pandemic, Indonesian families face three significant problems: distanced-family relations; neglected family education; and unequal socio-economic situation. This paper aims at explaining these three fundamental changes in family institutions. Besides, this paper identifies the factors that lead to family dysfunction. This article also offers concrete solutions to restore the lose of families function due to the COVID-19, i.e. the formation of a Family Corner. This research is a normative study using a critical, descriptive analysis method by presenting data from various literature and document sources. The latest data supported by several recent studies are described in detail in this paper. This research shows that post-pandemic family functions’ revitalization can be started by preparing a strong husband and wife’s emotional maturity.In addition, it is necessary to assist in communication and financial management of the family. Furthermore, revitalization will be successful if job opportunities are opened as widely as possible with incentive funds from the government and philanthropic institutions. Finally, the resolution and anticipation of natural disasters can be anticipated and resolved as quickly as possible. One of the effective ways for family revitalization is by establishing a Family Corner at each smallest unit of the society (Rukun Tetangga and Rukun Warga). Further research on this issue can be conducted through interviews with some informants who have experienced changes family lifestyle during the COVID-19 pandemic and mapping their hopes post pandemic period.
LEGAL IMPLICATIONS OF BREAST MILK DONATION ON THE LACTASHARE PLATFORM PERSPECTIVE OF SADD AL-DZARI’AH Anjani, Ria; Bachri, Syabbul
istinbath Vol. 24 No. 1 (2025): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i1.962

Abstract

The advancement of digital platforms has led to innovations such as breast milk donation through Lactashare. While this addresses nutritional needs for infants, it raises complex legal issues, particularly in Islamic jurisprudence regarding lineage and mahram relationships. This study examines the legal implications of breast milk donation from the perspective of Sadd al-Dzari’ah, a principle in Islamic law that emphasizes harm prevention. Utilizing a qualitative case study design, the research draws from in-depth interviews with the founder of Lactashare and relevant legal documents to explore how the institution navigates regulatory, ethical, and religious challenges. The study applies thematic analysis to examine the procedural safeguards, identity verification systems, and legal documentation practices, particularly the issuance of mahram certificates and donor-recipient records. The findings reveal that while Lactashare implements various safeguards in line with Islamic principles, such as donor screening, recording mahram certificates, and compliance with fatwas, it still faces challenges in completely preventing legal ambiguity regarding milk kinship, especially in areas outside Malang and Jakarta where monitoring is limited to online reporting, these risks are possible but uncertain and are likely to be outweighed by significant benefits to infant health especially in Indonesia, where stunting and infant mortality rates are high. This study contributes to Lactashare’s ability to anticipate these risks with a digital tracking system, the appointment of regional coordinators, intensive education, and strengthening regulations through legal agreements. Collaboration with local health and religious institutions is also expected to enhance supervision and legal protection. However, this study has limitations. It only focuses on the perspectives of Lactashare founders and legal documents, so further study is needed to capture the experiences and views of other stakeholders, such as donors, recipients, health professionals, and religious scholars. Despite these limitations, this work provides fundamental insights for policymakers, religious authorities, and digital health platforms on how to align technological innovation with Sharia law using the Sadd al-Dzari’ah framework.
Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma Bachri, Syabbul; Sudirman, Sudirman; Zuhriah, Erfaniah; Ramadhita, Ramadhita
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 2 (2024): Vol. 7, No. 2, April 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i2.35041

Abstract

Islamic inheritance law is stigmatized due to its rigidity and conservativity. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. In addition, the assumption of Islamic inheritance rules does not consider the social developments that occur over time. This research aims to explore how Islamic inheritance law is applied in Indonesia and how contextualization is carried out in response to existing stigma. This research employs a qualitative study with a normative juridical approach. The research data is derived from documents and texts on Islamic inheritance law and concrete cases of contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data are analyzed using descriptive interpretative techniques with the application of Amina Wadud's hermeneutics of tauhid. The research findings indicate that Islamic inheritance law in Indonesia has undergone contextualization, thus negating the negative stigma attached to Islamic inheritance. Contextualization is achieved by understanding and advocating Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law according to the Indonesian context, and promoting the resolution of inheritance conflicts through consultation and mediation. This research offers a model of inheritance division applied in Indonesia that is contextual and flexible based on Amina Wadud's hermeneutics of tauhid.
Rekonstruksi Kewarisan Islam: Studi Hermeneutika Ibn Abbas atas Ayat-ayat Waris Bachri, Syabbul
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 1 May (2020)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (918.294 KB) | DOI: 10.29240/jhi.v5i1.1197

Abstract

This study intends to analyze the hermeneutics of Ibn Abbas on the verses of inheritance in the Koran and their implications for the Islamic inheritance model. This research is a juridical normative study using content analysis and conceptual approaches. The results of research on Ibn Abbas's hermeneutics show that: first, daughters get a 2/3 portion if they are three or more in quantity. Second, in the case of gharawayn, the mother gets 1/3 of all inheritance not 1/3 of the remaining. Third, brothers or sisters can prevent the mother from getting 1/3 into 1/6 if they are 3 or more in quantity. Fourth, the grandfather has the same position as the father absolutely when the father died first. Fifth, the word "walad" refers to children  generally, both male and female. Sixth, kalalah is interpreted as a person who dies without having children and parents. The word "children" includes boys and girls while parents include father and grandfather. Seventh, there is no 'aul in Islamic inheritance based on the logical thought that there can be no division of inheritance exceeding the amount of the inheritance itself.
Model of Zakat Utilization in the Covid-19 Pandemic Era: Perspective of Maqashid Sharia Ramadhita, Ramadhita; Sudirman, Sudirman; Bachri, Syabbul
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (779.922 KB) | DOI: 10.29240/jhi.v7i1.4462

Abstract

The Covid-19 pandemic brought significant changes in human social life. One of the most affected sectors is the economy. One of the financial institutions that can be used to alleviate poverty is zakat. This article aims to describe the utilization of zakat in East Java province and analyze it using the principles of Maqashid Sharia. This article is based on empirical research using a conceptual approach. Primary data was generated from interviews with Badan Amil Zakat East Java, Yayasan Dana Sosial Al-Falah Malang, Nurul Hayat Malang, and Baitul Mal Hidayatullah Malang. This study shows that zakat management institutions have distributed productive zakat. There are three models of the productive distribution of zakat: the provision of Business Capital, Revolving Funds, and scholarships. Productive management of zakat can be maximized through mentoring and monitoring the program. Assistance to mustahiq beneficiaries can improve the quality of religious knowledge, reason, and economic income as stated in maqashid syariah.
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code Bachri, Syabbul; Samuri, Mohd Al Adib; Moosa, Najma; Duran, Büşra Nur; Ramadhita, Ramadhita
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7221

Abstract

Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex couples are also included in the criminal act. In the Indonesian legal context, although the term polyamory is not mentioned explicitly, the new Penal Code has the potential to criminalize polyamorous perpetrators with the latest regulations regarding adultery and cohabitation offenses. This new penal code can also criminalize homosexual behaviour including lesbian, gay, bisexual, transgender, and Queer plus(LGBTQ+) people. However, the perpetrator of polyamory can only be convicted if there is a complaint from the aggrieved party (i.e. the legal spouse, children, and parents of the perpetrator), because those articles fall into the category of absolute complaint offenses. Looking at the cultural values of Indonesian society, especially the teachings of Islam as a religion adhered to by the majority of citizens, the criminalization of polyamory should be included in the ordinary complaint offense so that it can be in line with the living norms in society.
Co-Authors Agus Triyanta Akhmad Nurul KAWAKIP Al-Anshori, Huzaimah Alotaibi, Hajed A. Anjani, Ria As-Suvi, Ahmad Qiram Duran, Büşra Nur Duran, Büşra Nur Elmira Qurrota A'yunina A'yunina Elmira Qurrota A'yunina A'yunina Erfaniah Zuhriah Fakhruddin Fakhruddin Hadi Nasbey Hamami, Haydar Nashif Handoko Ja’far Husna, Fadiyah Kamilatul Husnaini, M Imam Sukadi Irwan Abdullah Jazilah, Nikmatul Ja’far, Handoko Jundiani Jundiani KAWAKIP, Akhmad Nurul Khoirul Hidayah M. Fauzan Zenrif M. Syamsudin, M. Masyithah Mardhatillah, Masyithah Mega Fatimah Rosana Miftahudin Azmi Miftahul Rahmah Moosa, Najma Muhammad Muhammad Muhammad, M Munauwarah, Aminatol Ramadhita Ramadhita, Ramadhita Roibin Roibin Rosidin Rosidin Rosidin Rosidin Saifuddin Zuhri Qudsy Samuri, Mohd Al Adib Santoso, Mochamad Agus Rizal Dwi setianingrum, wiwin Sinal, Mohamad Sudirman Sudirman Sudirman Sudirman Syamsul Arifin Umaiyatus Syarifah Zaenul Mahmudi