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All Journal DE JURE Al-Ahkam Nurani: Jurnal Kajian Syariah dan Masyarakat El-Mashlahah Tribakti: jurnal pemikiran keIslaman Khazanah Hukum Al-Manahij : Jurnal Kajian Hukum Islam Tribakti: Jurnal Pemikiran Keislaman Antmind Review: Journal of Sharia and Legal Ethics
Sidqi, Imaro
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Re-Reading Al-Uqud Al-Murakkabah: Types and Models of Hybrid Contracts Concept in Fatwa DSN-MUI Pitriani, Pitriani; Witro, Doli; Nurjaman, Muhamad Izazi; Hibaturohman, Iib; Sidqi, Imaro
Khazanah Hukum Vol 6, No 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.34717

Abstract

The aims of this research is to clarify the type of multi-contract used by National Sharia Council-Indonesian Ulama Council (DSN-MUI) in its product innovation, so that the multi-contract concept used is a multi-contract concept that is in accordance with sharia rules and principles. This research is sharia economic law research that uses descriptive literature research methods. This research uses a normative juridical approach. The primary data used in this research is the DSN-MUI Fatwa which is related to the concept of hybrid contracts in the innovation of sharia banking products. Meanwhile, Secondary data sources include various sources of literature such as laws, scientific articles, books, and others. The data analysis technique used was the cumulative data analysis technique of Miles et al., namely data condensation, data presentation, and drawing conclusions. This study found that so far, the DSN-MUI has used the type of multi-contract for similar contracts (a combination of muawadhat contracts) and also non-similar contracts (a combination of muawadhat contracts and tabarru’ contracts) provided that there is a separation of agreement documents to avoid usury schemes for the use of these contract combinations and income (both margins, ujrah, and profit sharing) is obtained from the use of muawadhat contracts. This non-similar contract combination scheme is confirmed in the Fatwa on the Income of Islamic Financial Institutions (LKS) During the Construction Period (Fatwa No. 142 of 2021), namely Al- Uqud al-Murakkabah al-Muta’addidah. Meanwhile, the hybrid contracts scheme for similar contracts uses the Al-Uqud al-Murakkabah al-Mutajanisah hybrid contracts scheme
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.
Co-Authors Arhamzah, Tashdieq Ulil Amri Daini, Hening Sukma Diana, Rahmi Faizin Hibaturohman, Iib Juniawan, Hendro Kartika Muhammad Nur MUHAMMAD TAUFIK Muna, Moh. Nailul Nisa, Siti Maymanatun Nurjaman, Muhamad Izazi Pitriani, Pitriani Rasidin, Mhd. syukrawati, syukrawati Tumiwa, Anisa Jihan Witro, Doli Zufriani, Zufriani