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The Mapping Verses and Application of the Linguistic Approach and Ushul Fiqh Toward the Law of Adultery Rasidin, Mhd.; Witro, Doli; Diana, Rahmi; Muna, Moh. Nailul; Sidqi, Imaro; Daini, Hening Sukma
El-Mashlahah Vol 14 No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7354

Abstract

It becomes a dilemma when Muslim communities cannot apply Islamic criminal law. In fact, a law is not only to be understood but also believed to be true by Muslims themselves. So, it is appropriate that the punishment for adultery is less likely to have a deterrent effect on the perpetrator. This is because, apart from conventional criminal law being poorly understood by the Muslim community, the sanctions are also quite light so that the deterrent effect desired by law enforcers cannot be realized. This research aims to analyze adultery law by applying linguistic approaches and ushul fiqh to adultery law. This type of research is normative law using a language and ushul fiqh approach. The data sources were primary and secondary, while data collection techniques were observation and literature study. The results of this research show that adultery is analyzed using a language and ushul fiqh approach is the perpetrator of a criminal act who deliberately commits the elements of inserting male genitalia into female genitalia (in intercourse), which is unlawful according to the substance of the act, not because subḥāt and women bring lust. The punishment for adultery is to jilīd one hundred times. This penalty can be applied if the legal action has been legal before the court by presenting four witnesses. The stipulated punishment cannot be changed with other types of punishment because the punishment is regulated by the text of the Al-Quran.
The Concept of Kafa’ah in the Nineteenth Century Javanese Muslim Scholars’ View: A Study on the Ulama Rifi’yah’s Thought Sidqi, Imaro; Rasidin, Mhd.
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.v15i1.20074

Abstract

This study aims to analyze the views of the Rifa’iyah scholars in Kandeman District, Batang Regency, regarding the concept of kafa’ah in marriage, as well as to know and understand the factors behind the concept of kafa’ah that they constructed. This juridical-sociological research used a historical-sociological approach. The results showed that in the views of the Rifa’iyah scholars in Kandeman District, Batang Regency, towards the concept of kafa’ah, which is interpreted as equal or balanced, Rifa’iyah scholars in the area understand that the urgency function of kafa’ah lies in creating a harmonious family even though kafa’ ah does not determine whether or not a marriage is valid. According to Ulama Rifa’iyah, the essential criterion for kafa’ah must be of the same religion. Then, the scholars provide recommendations following the formation of the kafa’ah conception contained in the Tabyinal al-Islah Book that a prospective wife must be of a lower degree than a prospective husband so that a wife respects/obeys her husband. However, if the context is the other way around, it is not a problem as long as the wife obeys her husband. The concept of kafa’ah, formed among the Rifa’iyah scholars in Kandeman District, Batang Regency, was caused by various factors, including religion, beauty, lineage, and wealth. There are supporting factors, namely educational, social and cultural factors
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis Syukrawati, Syukrawati; Sidqi, Imaro; Nisa, Siti Maymanatun; Zufriani, Zufriani; Witro, Doli
Al-Ahkam Vol 34, No 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20624

Abstract

The rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan City Religious Court revealed a gap between post-court decision reality and the fulfillment of these rights. The research found that the non-fulfillment of children's and women's rights after divorce in Pekalongan is due to a lack of public knowledge about post-divorce execution procedures and related rights. The difficulty of spouses in ensuring the fulfillment of these rights is also reflected in the lack of application of Islamic legal knowledge on the obligation to provide maintenance by husbands. The legal consequences are devastating, emphasizing the need for improvements in the legal system, increased public knowledge, and the application of Islamic legal principles.
DROP SHIPPING IN ISLAMIC ECONOMIC LAW PERSPECTIVE: E-COMMERCE STUDY INTER MARKETPLACE DROP SHIP IN THE INDUSTRIAL REVOLUTION ERA 4.0 Rasidin, Mhd.; Sidqi, Imaro; Witro, Doli
Nurani Vol 20 No 1 (2020): 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.v20i1.6029

Abstract

Drop shipping is a business carried out by someone as an intermediary between suppliers and customers. This business has become a big trend in the market because it has the potential to get massive profits. However, there is still an assumption that the business is not following the teachings of Islam. This research will discuss the concept of drop ship in general and the latest drop ship that becomes the current market trend, namely drop shipper between marketplaces is. This study uses qualitative research methods that are literature research. The discussion of this research will focus on normative-juridical studies given Sharia Economic Law. This research is expected to be opened insight for the drop shipper so that the profits and success of his business will be blessed by Allah s.w.t. After the data is collected, it is then analyzed using data analysis techniques, namely data reduction, data presentation, and concluding. The results showed that the drop ship business between marketplaces did not conflict with Islamic teachings, meaning that the business was following the Sharia economic agreements. The business is legal and religiously legal in the State of Indonesia. Therefore, the community must understand the business from management, systems, and payments to be following existing contracts. If the business continues to be developed, it will become a superior and growing halal business in the world. Keywords: Drop ship, E-Commerce, Marketplace, Sharia Economic Law
The Ritual Tradition of Esoteric Scientific Practices in Islamic Boarding Schools: A Study of Khizib Kubro Ismul Haq’s Practical Book Faizin; Juniawan, Hendro Kartika; Witro, Doli; Muna, Moh. Nailul; Sidqi, Imaro
Tribakti: Jurnal Pemikiran Keislaman Vol. 36 No. 1 (2025): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v36i1.6360

Abstract

This paper examines the ritual tradition of esoteric scientific practices in Islamic boarding schools (pesantren), with a focus on the practical teachings outlined in the Kitab Amalan Khizib Kubro Ismul Haq. The study employs a qualitative research approach, utilizing library research methods. The primary data source is the Kitab Amalan Khizib Kubro Ismul Haq, along with supporting literature such as books, academic articles, and journals relevant to the research topic. Data collection is carried out through documentation, and content analysis is used for data analysis, incorporating techniques of data condensation, presentation, and conclusion drawing. The research findings reveal three main points. First, Islamic boarding schools (pesantren) are key institutions in preserving and developing Islamic traditions, including esoteric scientific practices. Second, esoteric practices are often misunderstood or negatively stigmatized due to a lack of comprehensive understanding, where the outward forms of the practices are emphasized over their deeper meanings. Third, the esoteric practices within pesantren share common ground with Sufism, as both emphasize inner spiritual transformation and the unveiling of hidden truths, with the ultimate aim of attracting benefits and avoiding harm for the practitioner. This paper aims to offer a fresh perspective on the esoteric ritual traditions in Islamic boarding schools and contribute to a deeper understanding of their role in Islamic spiritual practices.
The Ritual Tradition of Esoteric Scientific Practices in Islamic Boarding Schools: A Study of Khizib Kubro Ismul Haq’s Practical Book Faizin; Juniawan, Hendro Kartika; Witro, Doli; Muna, Moh. Nailul; Sidqi, Imaro
Tribakti: Jurnal Pemikiran Keislaman Vol. 36 No. 1 (2025): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v36i1.6360

Abstract

This paper examines the ritual tradition of esoteric scientific practices in Islamic boarding schools (pesantren), with a focus on the practical teachings outlined in the Kitab Amalan Khizib Kubro Ismul Haq. The study employs a qualitative research approach, utilizing library research methods. The primary data source is the Kitab Amalan Khizib Kubro Ismul Haq, along with supporting literature such as books, academic articles, and journals relevant to the research topic. Data collection is carried out through documentation, and content analysis is used for data analysis, incorporating techniques of data condensation, presentation, and conclusion drawing. The research findings reveal three main points. First, Islamic boarding schools (pesantren) are key institutions in preserving and developing Islamic traditions, including esoteric scientific practices. Second, esoteric practices are often misunderstood or negatively stigmatized due to a lack of comprehensive understanding, where the outward forms of the practices are emphasized over their deeper meanings. Third, the esoteric practices within pesantren share common ground with Sufism, as both emphasize inner spiritual transformation and the unveiling of hidden truths, with the ultimate aim of attracting benefits and avoiding harm for the practitioner. This paper aims to offer a fresh perspective on the esoteric ritual traditions in Islamic boarding schools and contribute to a deeper understanding of their role in Islamic spiritual practices.
Marriage Identity Forgery in Indonesia: Legal Consequences and Systemic Loopholes Perspective Tumiwa, Anisa Jihan; Taufik, Muhammad; Sidqi, Imaro
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/x4qfqf57

Abstract

This study explores the phenomenon of identity forgery in marriage registration in Indonesia, an issue that undermines the legitimacy of marital unions and creates complex legal, social, and administrative consequences. Using a normative juridical approach, this research examines statutory regulations, court decisions, and official reports to identify the primary forms of identity forgery, ranging from falsifying personal identification documents to manipulating marital and religious status. The analysis reveals that the absence of an integrated, real-time population database, heavy reliance on physical documents, insufficient verification mechanisms, limited staff training, and low legal literacy are key systemic weaknesses that enable identity forgery to persist. Under Indonesian law, marriages based on forged identities are subject to annulment, which may lead to disputes over property, inheritance, and child custody. Although the law protects the rights of children born from annulled marriages, the administrative and legal complexities remain significant. The study concludes by recommending the urgent development of an integrated digital identity verification system, continuous training for registration officers, strengthened internal and external oversight, and enhanced public legal education. These measures are necessary to safeguard the integrity of marriage law in Indonesia and prevent further abuse of the system.
From Text to Context: The Role of Kyai in Shaping Modern Islamic Inheritance Law Nur, Muhammad; Nisa, Siti Maymanatun; Arhamzah, Tashdieq Ulil Amri; Sidqi, Imaro; Witro, Doli
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i1.9762

Abstract

This study aims to analyse the reasons for applying modern Islamic inheritance law based on the ijtihad of Kyai and examine the construction of modern Islamic inheritance law developed in Kajen District. This study is an empirical legal study using a sociological approach to law. Data was obtained through in-depth interviews with Kyai, participatory observation, documentary studies, and Focus Group Discussions (FGD). This study shows that the development of modern Islamic inheritance law in the Muslim community of Kajen District is influenced by changes in mindset, attitudes, and social culture. Kyai has developed a legal construction of inheritance that combines local cultural values with contemporary Islamic principles through philosophical, juridical, and socio-cultural arguments. The three main provisions resulting from this ijtihad include: first, the expansion of the concept of substitute heirs, not limited to grandchildren but also including siblings and parents, even when the testator is still alive; second, equality in the distribution of inheritance between men and women; and third, the recognition of the right to maintenance and mandatory bequests for children born out of wedlock through the mechanism of substitute heirs. This research contributes academically by demonstrating that local traditions play a strategic role in shaping the pattern of Islamic inheritance law, ijtihad, thereby enriching the contemporary sociology of Islamic law.
Perjanjian Perkawinan Baru: Model Perjanjian Perkawinan Berbasis Maqashid Syariah Sebagai Solusi Menguatkan Ketahanan Keluarga Rasidin, Mhd.; Sidqi, Imaro; Witro, Doli; Busni, Darti
Al-Ulum Vol. 23 No. 2 (2023): Al-ULum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/au.v23i2.3328

Abstract

This article aims to discuss marriage agreements in strengthening family resilience in Indonesia and tries to implement them with a different concept than the previous concept through the basis of Maqashid Syariah as its construction epistemology. This article is a juridical-normative research, which uses the maqashid sharia approach and gender through descriptive-qualitative analysis. This article finds that marriage agreements in Indonesia are described or based on several existing laws, including; the Civil Code, Marriage Law (UUP), and Compilation of Islamic Law (KHI). The marriage agreement must be implemented because the marriage agreement itself is considered very important to be formed by each family because it can lead the family to become sakinah, mawadah, and waramah. In addition, marriage agreements, both formal and substantial, need to be revised in detail and not discriminate so that they have a new concept that is more up-to-date and represents legal objectives so that it can strengthen the resilience of families in Indonesia, the impact of which is to reduce the ever-increasing divorce.
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis Syukrawati, Syukrawati; Sidqi, Imaro; Nisa, Siti Maymanatun; Zufriani, Zufriani; Witro, Doli
Al-Ahkam Vol. 34 No. 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20624

Abstract

The rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan City Religious Court revealed a gap between post-court decision reality and the fulfillment of these rights. The research found that the non-fulfillment of children's and women's rights after divorce in Pekalongan is due to a lack of public knowledge about post-divorce execution procedures and related rights. The difficulty of spouses in ensuring the fulfillment of these rights is also reflected in the lack of application of Islamic legal knowledge on the obligation to provide maintenance by husbands. The legal consequences are devastating, emphasizing the need for improvements in the legal system, increased public knowledge, and the application of Islamic legal principles.