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All Journal JURNAL PENELITIAN Jurnal Penelitian Jurnal Hukum Islam
Iwan Zaenul Fuad
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Journal : Jurnal Hukum Islam

 1 
Kesadaran Hukum Masyarakat Pedesaan Untuk Bercerai di Pengadilan (Studi Kasus di Desa Bantarbolang, Kabupaten Pemalang) Iwan Zaenul Fuad; Miftah Husaeni
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3448

Abstract

This research explores the legal awareness and implications of divorce in court on communities in Bantarbolang Village, Pemalang, Central Java Province, Indonesia. This legal sociology research uses a qualitative approach. The primary data source is the divorcee outside the court. Secondary data sources are primary and secondary legal materials. The analysis technique uses an interactive model. The results showed, the legal awareness of the Bantarbolang community about divorce in court was not evenly distributed, where 21 couples were divorcing in court and 5 outside the court. They know that a divorce must be in court, but it is not carried out. The implications of legal awareness about divorce outside the court are: 1) administratively, they are still bound as husband and wife, because they do not have a divorce certificate so that if they marry someone else, they are done in a series; 2) psychological implications for children and if the couple remarries Siri, then the child born becomes the child born outside the marriage; 3) implications of the split between the extended family of the couple; 4) implications for the social order, due to the uncertainty of the status of husband and wife and the nasab of children from a Siri marriage. Therefore, prevention should be carried out through outreach to the public about the legal consequences of divorce outside the court.
SUMPAH POCONG: Upaya Konstruksi Fiqh Kultural Khas Indonesia Iwan Zaenul Fuad
Jurnal Hukum Islam Vol 12 No 1 (2014)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v12i1.528

Abstract

As a cultural rite in Indonesia, especially among Javanese, Sumpah Pocong (a kind of oath, which wore an Islamic gown and/or held by Islamic rites for a death man) is an unique rite. Nevertheless looked a like Islamic rites, but it has never found in classical or modern Islamic book of fiqh. The uniqueness guessed that it has made up from acculturation process among Indonesian fuqahā to solve a problem of less or no single evidence in social dispute such calumnies or admission claims. They (Indonesian fuqahā) has modified the institutions in Islamic norm about evidence (mubāhalah and li’ān oath) as a kind of acceptable rite among Indonesian moslem, culturally – that we know recently as Sumpah Pocong. Nevertheless, the refusal views came from puritanist, refused of it as a part of Islamic norm (syari’ah, fiqh). They noted that Sumpah Pocong as a kind bid’ah practices and not a part of syari’a. Hence, it must be abandoned and eliminated from Islamic legal iuris (fiqh). According to me, this puritan’s view is unfriendly toward local wisdom that lie on Sumpah Pocong, as traditional rite that based on acculturation of Islamic norm with local practices. This research aimed to refuse those puritan’s accusation and prove otherwise that Sumpah Pocong is legally true as a part of fiqh. Eventhough, it can be proved using classical ushuliyah method, qiyas, I did so with cultural fiqh contruction approaches.
BELENGGU TENGKULAK ATAS PETANI PEMBUDIDAYA LELE: Relasi Patron-Klien Budidaya Lele Di Wonotunggal Jawa Tengah Iwan Zaenul Fuad; Aenurofik Aenurofik; Ahmad Rosyid
Jurnal Hukum Islam Vol 13 No 2 (2015)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v13i2.488

Abstract

Within the context of Indonesia as a muslim majority country, Islamic teaching has been widely implemented throughout the country. As a result, Islamic values have become the foundation and basic values within societal economic practices. These values, among others, include social and economic justice and equality. However, these values are not always implemented when people's injustice and greed are in play. One of the cases that can provide example in this case is the relationship between catfish farmers and distributors in Wonotunggal, Batang, Central Java. As a commodity with high economical value, many farmers grow catfish. Thus, there was a big need for catfish distributors to facilitate the rising numbers of catfish farmers, to help them sell the catfish. However, there were many distributors who made attempt to control the market, which give disadvantages to the farmers. One of the examples of such disadvantageous practices is 'ijon', or lending money to the farmers with high interest. As a result many farmers were trapped into debt. This study aims at exploring the relationship between catfish farmers and distributors in Siwatu Village, Wonotunggal, Batang.
Co-Authors A. Rosyid Abdul Azis Abdul Aziz Aenurofik Agus Fakhrina Ahmad Rosyid Miftah Husaeni