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Perspective of Islamic Law and Ulama Polemics about Women Judges (Gender Analysis and Moderation of Fiqh) Kholiq, Achmad; Zein, Achyar; Haerany, Anne
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.314

This study aims to investigate and debate the validity of women's opinions founded on the normative Islamic viewpoint known as fiqh. This research endeavor endeavors to scrutinize the arguments of various ulama, or Muslim scholars, concerning female judges while maintaining a foundation in fiqh, the body of Islamic law. This study's technique combines focus group discussions (FGD) and content analysis with qualitative approaches. FGD is held with numerous lecturers and specialists in Islamic law at the Faculty of Sharia and Law at Institut Agama Islam Negeri Syekh Nurjati Cirebon. The study's conclusions, which come from at least three well-known ulama or Muslim scholars, indicate that the debate among fiqh experts on the standing of women judges was affected by several factors.

Social Benefit System During the Government Omar ibn Khattab Eka Hardana, Nugraha; Kholiq, Achmad
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.16

Human behavior is altered by the progress of civilization. It includes elements from the fields of language, art, science, and religion. In the course of this process, civilization develops gradually over a long period of time. During the rule of Caliph Umar Ibn Khattab, one of the greatest civilizations, particularly in the post-Prophet Muhammad era, took place. Utilizing a qualitative descriptive methodology, this study collected data through a literature review. The welfare system under Umar Ibn Khattab's administration is examined in the paper. The results of the literature review show that Umar Ibn Khattab continued the policies started by Abu Bakr and made adjustments to meet the demands of society during his rule as caliph. During Umar Ibn Khattab's leadership, ghanimah (war spoils), usyur (customs duty), kharaj (land tax), jizyah (poll tax), zakat (alms), and other irregular earnings were used to increase social welfare. All of these sources of income were controlled by the Baitulmal system (public treasury). Based on each person's job and the requirements of the community, Umar dispersed social benefits. In order to build a strong human resource base for Islam, Caliph Umar made social investments to safeguard the welfare of children as well. This was done by helping infants until they were old enough to take care of themselves.

An Ethical and Legal Approach to Student Smoking Behavior in the Context of Education and Family Responsibility Anwar, Ahmad Faridz; Apriana, Adistia Lulu; Kholiq, Achmad; Marzuban, Robith
Strata Social and Humanities Studies Vol. 3 No. 1 (2025): April
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/sshs.v3i1.266

This research examines the ethical and legal framework for addressing student smoking in Indonesia, highlighting the roles of education and family. Influencing factors include internal aspects like curiosity and peer pressure, as well as external elements such as easy cigarette access and aggressive marketing. Using a qualitative descriptive approach and literature study, data were analyzed through content analysis to explore themes of smoking behavior, educational ethics, family responsibility, and tobacco regulation. The research draws on moral education theory and legal perspectives on tobacco control. Findings indicate that integrating moral education into school curricula increases student awareness of smoking risks. Likewise, positive parental role modeling and communication influence children’s attitudes toward smoking. Legally, strict enforcement of sales bans to minors and regulation of tobacco advertising are vital. The study concludes that combating student smoking requires collaboration among government, schools, and families. A holistic approach combining ethical education with legal enforcement is key to cultivating a smoke-free younger generation.

Reconstruction Interfaith Marriage Law in Indonesia: Relevance of Sociology Knowledge and Maqasid Sharia Ibnudin, Ibnudin; Sugianto, Sugianto; Kholiq, Achmad; Aziz, Abdul; Yani, Ahmad; Hariyanto, Hariyanto
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1819

Interfaith marriage is still a controversial issue in Indonesia, legally, socially, and religiously. Article 2, paragraph (1) of the 1974 Marriage Law is the basis for its validity, but its practice gives rise to different interpretations. SEMA No. 2 of 2023 and the Constitutional Court's decision are the latest references. This study aims to analyze the legal settlement of interfaith marriage based on SEMA 2023, examine it from the perspective of Islamic legal sociology, and offer solutions based on Maqashid Syariah. The method used is qualitative with a normative and sociological approach. The primary data sources were obtained from literature studies, including laws, court decisions, scientific journals, as well as various Islamic law and maqashid sharia literature. Data analysis was conducted both descriptively and analytically, employing a legal hermeneutics approach to understand the dynamics of interfaith marriage regulations in Indonesia. This study shows that the absence of clear rules on interfaith marriages has given rise to various interpretations and encouraged alternative practices such as marriage abroad or pseudo-conversion (fraus legis). From the perspective of the sociology of Islamic law, this practice has caused social tension in society. The Maqashid Syariah approach emphasizes the protection of religion, lineage, and human rights. This study concludes the need for more adaptive and inclusive legal reform, considering social justice and humanitarian values, in line with the principles of maqashid syariah.

Society's Perspectives on Contemporary Islamic Law in Indonesia through Social Media Analysis Technology: A Preliminary Study Maylawati, Dian Sa'adillah; Khosyi'ah, Siah; Kholiq, Achmad
International Journal of Islamic Khazanah Vol. 12 No. 1 (2022): IJIK
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijik.v12i1.15865

The social, cultural, and technological developments of society are unavoidable. This has an impact on the development of Islamic Law, which keeps all Muslim activities in the right corridor. Contemporary Islamic law, known as Contemporary Islamic Law, has also developed to answer new societal problems. Various views on Contemporary Islamic Law in solving multiple issues certainly reap various responses from the community and scholars. These views are often conveyed through social media such as Youtube, Instagram, Facebook, and Twitter. Therefore, this article aims to discuss a preliminary study of text analysis techniques used to find out the views of the community and Ulama on Contemporary Islamic Law issues computationally and automatically. This initial study reviews the methods and techniques that will be used, namely the Indonesian National Work Competency Standards (SKKNI) methodology for data science. This study will also use a sentiment analysis approach, topic modeling, and pattern analysis to find out people's views on issues of Contemporary Islamic Law through social media. The algorithm used for sentiment analysis is the Multinomial NaÃ¯ve Bayes Classifier (MNBC), for topic modeling is Latent Dirichlet Allocation (LDA), while for pattern analysis using the Prefix-projected Sequential Pattern Mining (PrefixSpan) algorithm. The model generated from sentiment analysis, topic modeling, and pattern analysis will be evaluated by measuring the confusion matrix, coherence value, and silhouette coefficient value. In addition, analysis and interpretation of the model results will be carried out in-depth qualitatively by involving the views and thoughts of Islamic Law experts.

The Model Of Islamic Criminal Law Enforcement Against Cyber Crime: (An Integrative Analysis of the Maqāṣid al-Sharī‘ah Approach and Modern Cyber Law in Addressing the Challenges of Transnational Digital Crimes) Kholiq, Achmad; Shodikin, Akhmad; Rahim, Faishal
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.940

Background. The advancement of digital technology has given rise to new forms of crimes known as cyber crimes, characterized by their transnational nature, rapid execution, and difficulty in being confined by state jurisdiction. Modern positive law has responded to this challenge through the formulation of cyber law, regulated at both national and international levels. In contrast, Islamic criminal law provides a normative framework derived from the concepts of jarīmah, ḥudūd, qiṣāṣ, and ta‘zīr. Aims. This article aims to analyze the model of Islamic criminal law enforcement against cybercrime and compare it with modern cyber law. Methods. The research employs a normative-comparative methodology, incorporating both conceptual and regulatory analysis. Result. The findings reveal that Islamic criminal law offers universal principles applicable to cybercrime through the category of ta‘zīr, which grants discretionary authority to the judge (qāḍī) in determining punishments based on public interest (maṣlaḥah). Meanwhile, modern cyber law emphasizes procedural aspects, digital evidence, and international mechanisms of enforcement. The comparative analysis indicates a convergence between the two systems in their objectives of protecting society, though they differ in terms of legitimacy sources and normative foundations. Conclusion. Hence, an integrative model of enforcement that combines the maqāṣid al-sharī‘ah with modern cyber law instruments could serve as a strategic alternative in addressing the complexity of cybercrime. Implication. Cybercrime law enforcement cannot rely on a single legal system. Instead, an integrative framework is needed to unite the strengths of Islamic criminal law and modern cyber law, thereby producing a more comprehensive, practical, and just cyber legal order in addressing the challenges of the digital age.

Measuring the Justice of Children's Inheritance Rights in Polygamy: A Comparison between Legal and Siri Marriages from the Perspective of Islamic Law Wulandari, Sri; Kholiq, Achmad; Jaelani, Aan; Djumhur, Adang Djumhur
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6612

The phenomenon of polygamy in Indonesia is still part of the complex socio-religious reality, mainly when polygamy is carried out without official registration, or known as nikah siri. In practice, the unrecorded marriage has a profound impact on the legal protection of children, particularly in terms of inheritance rights. Children born from serial marriages often do not receive legal recognition, so their position as heirs becomes weak or is not recognized at all. This study aims to measure the justice of children's inheritance rights in the context of polygamy through a comparison between children from formal and serial marriages in the perspective of Islamic law. With a normative qualitative approach, this study employs an in-depth literature review method, drawing on Islamic legal sources (the Qur'an, hadith, and fiqh books), national laws and regulations (Law No. 1 of 1974, Compilation of Islamic Law), as well as jurisprudence documents and other relevant scientific literature. The results of the study show that in Islamic fiqh, the principle of justice entitles all children from a valid marriage, whether recorded or not, according to shari'a, to inheritance as long as their fate is clear.However, in Indonesian national law, marriage registration is a mandatory administrative requirement to recognize the validity of the legal relationship between spouses, including in terms of inheritance. Children from a nikah siri do not automatically obtain inheritance rights unless the isbat nikah is determined and the determination of nasab is carried out through the court. This inequality highlights the disparity between the principles of Islamic law and the positivism of national law. This study recommends updating the regulations and approach of maqāṣid al-syarī'ah in family law policy to ensure justice and nondiscrimination of children's rights in all forms of marriage.

THE PHENOMENON OF THE COMA CLOCK IN GENERATION Z: A Psychological Analysis of the Perspective of Islamic Family Law on the Impact of Spiritual Balance. Nuriyani, Yeni; E. Sugianto, E. Sugianto; Kholiq, Achmad; Setyawan, Edy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6613

The coma clock phenomenon refers to the lifestyle of Generation Z, who tend to spend active time at night until the early hours of the morning. This habit has a profound impact on their mental, physical, and spiritual well-being. This article analyzes the phenomenon of the comma clock from the perspective of Islamic psychology and family law, highlightingits impact on spiritual balance. Using qualitative methods, including literature studies and interviews with psychologists and religious leaders. This study found that irregular lifestyles and dependence on technology hinder Generation Z from meeting their spiritual and worship needs. The Islamic perspective on family law offers solutions through the establishment of family customs rooted in religious values.

Reconstruction Interfaith Marriage Law in Indonesia: Relevance of Sociology Knowledge and Maqasid Sharia Ibnudin, Ibnudin; Sugianto, Sugianto; Kholiq, Achmad; Aziz, Abdul; Yani, Ahmad; Hariyanto, Hariyanto
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1819

Interfaith marriage is still a controversial issue in Indonesia, legally, socially, and religiously. Article 2, paragraph (1) of the 1974 Marriage Law is the basis for its validity, but its practice gives rise to different interpretations. SEMA No. 2 of 2023 and the Constitutional Court's decision are the latest references. This study aims to analyze the legal settlement of interfaith marriage based on SEMA 2023, examine it from the perspective of Islamic legal sociology, and offer solutions based on Maqashid Syariah. The method used is qualitative with a normative and sociological approach. The primary data sources were obtained from literature studies, including laws, court decisions, scientific journals, as well as various Islamic law and maqashid sharia literature. Data analysis was conducted both descriptively and analytically, employing a legal hermeneutics approach to understand the dynamics of interfaith marriage regulations in Indonesia. This study shows that the absence of clear rules on interfaith marriages has given rise to various interpretations and encouraged alternative practices such as marriage abroad or pseudo-conversion (fraus legis). From the perspective of the sociology of Islamic law, this practice has caused social tension in society. The Maqashid Syariah approach emphasizes the protection of religion, lineage, and human rights. This study concludes the need for more adaptive and inclusive legal reform, considering social justice and humanitarian values, in line with the principles of maqashid syariah.

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