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All Journal Al-'Adalah Media Akademika Kontekstualita: Jurnal Penelitian Sosial Keagamaan El-Mashlahah FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Khazanah: Jurnal Studi Islam dan Humaniora Jurnal Ekonomi Manajemen Sistem Informasi Khazanah Hukum Minhaj: Jurnal Ilmu Syariah Indonesian Journal of Islamic Economics and Business International Journal of Advanced Multidisciplinary Journal of Comprehensive Islamic Studies (JOCIS) NALAR FIQH: Jurnal Hukum Islam
Hermanto Harun
Insitut Agama Islam Negeri (IAIN) Sulthan Thaha Saifuddin Jambi
Religion Arts Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Empowerment and Protection of The Elderly in Islamic Boarding Schools From A Social Fiqh Perspective yuliatin, yuliatin; Mubarak, Haris; Adawiyah, Robi'atul; Harun, Hermanto; Effendi, Ghina Nabilah
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.17913

Abstract

This study aims to describe the pattern of care and protection of the elderly at the Pesantren (Islamic Boarding School) of Syekh Maulana Qori Merangin Jambi. The aim is to study the pattern and mechanism of care as an empowerment effort while examining certain aspects through the perspective of social fiqh which is sourced from the opinions of scholars. This study is a quantitative study using the Nvivo R1.7 data analysis method. The results of this study indicate that among several factors that cause the elderly to be in Islamic boarding schools is because of the wishes of the family or their wishes to avoid family conflict. This study found the fact that while being cared for in Islamic boarding schools, the elderly get peace, comfort, protection, and increased religiosity. This phenomenon also proves that caring for the elderly in Islamic boarding schools does not cause any harm to them at all, in fact, on the contrary, they get many useful benefits according to their conditions and fulfillment of their psychological needs. By using social fiqh,caring for the elderly in Islamic boarding schools can be seen as a highly recommended matter.
Compromising and Repositioning the Meaning of Corruptors as Thieves in Applying the Provisions of Shara’ into the Modern Era Context Helmina, Helmina; Harun, Hermanto; Witro, Doli; Ardi, Muh Zaitun; Busni, Darti
al-'adalah Vol 21 No 1 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i1.21251

Abstract

The debates on the application of Islamic criminal law in various Muslim-majority countries are still ongoing. This is because these countries still adhere to a positive legal system. This phenomenon has spread to many things including implementing the punishment of cutting off the hands of corruptors as is the punishment for thieves in the provisions of Islamic criminal law. One of the obstacles, in this case, is due to differences of opinion on the use of the term "thief" to be applied to "corruptor". This article aims to analyze the punishment provisions for thieves as regulated in Surah al-Maidah verse 38 to be applied to perpetrators of corruption. This article is the result of qualitative research with a linguistic approach. The primary data source in this study is the Qur'an, whereas, the secondary data sources are articles, books, and other relevant documents. Data were collected through a literature study method which was then processed, analyzed, and concluded. This study found that the crime of corruption, seen from a linguistic perspective, has the same meaning as thievery; the perpetrator, therefore, can be sentenced to the same punishment (cutting off the hand). The punishment here is the most severe type that can be imposed on perpetrators of corruption, considering that the impact it causes is heavier and wider than the impact that arises in the crime of thievery. Certainly, this punishment is applied if it has met all the elements and legal requirements and is applied in a very strict manner.
Criticism of Islamic Law on the Application of the Principle of Restorative Justice in Handling Corruption Cases and its Relevance to Jampidsus Circular Letter No. B-1113/F/Fd.1/05/2010 Sungguh, Hardi Muhar; Ulum, Bahrul; Harun, Hermanto
International Journal of Advanced Multidisciplinary Vol. 4 No. 2 (2025): International Journal of Advanced Multidisciplinary (July - September 2025)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/ijam.v4i2.1241

Abstract

This study aims to critically examine the application of the restorative justice principle in the handling of corruption crimes (tipikor) in Indonesia, particularly as facilitated by the Circular Letter of the Deputy Attorney General for Special Crimes (JAMPIDSUS) No. B-1113/F/Fd.1/05/2010. Although restorative justice emphasizes restitution and participatory resolution, its implementation in corruption cases raises serious concerns regarding substantive justice, legal certainty, and the potential for impunity. This research adopts a normative juridical approach, employing Islamic legal principles as an analytical framework to assess the alignment of restorative justice with the core values of Islamic law, including justice (‘adl), public interest (ma?la?ah), and the prevention of wrongdoing (zajr). Initial findings indicate that restorative justice, when applied loosely and without strict boundaries or adequate sanctions, may conflict with Islamic legal values, especially in the context of corruption, which is categorized as an extraordinary crime. Therefore, this study aims to formulate a model for the application of restorative justice that is fair, proportional, and aligned with maq??id al-shar?‘ah, thereby contributing to the reform of Indonesia’s criminal law system.
Eksistensi Hukum Positif dalam Memenuhi Ketentuan Muamalah Pada Praktik Qurban Kontemporer di Indonesia Harun, Hermanto
Indonesian Journal of Islamic Economics and Business Vol. 8 No. 1 (2023): Indonesian Journal of Islamic Economics and Business
Publisher : Fakultas Ekonomi dan Bisnis Islam UIN STS Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/ijoieb.v8i1.1909

Abstract

This study aims to examine the phenomenon of contemporary qurban practices and how legal regulations in Indonesia control the practice of animal slaughter to comply with the demands of Islamic muamalah law. the method used is literature study with descriptive normative analysis. In general, there are 3 contemporary qurban models, namely online qurbani and qurbani through mosques. Islamic economic problems that arise are gharar in various aspects especially in quality of animals, slaughtering standard and transaction. Legal regulations in Indonesia include Law No. 18 of 2009, Government Regulation number 95 of 2012, Minister of Agriculture Regulation No. 114 of 2014, and Article 302 of the Criminal Code only covers gharar in terms of quality, health, livestock safety and consumer safety, but has not discussed the gharar aspect of the transaction
Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Batubara, Febrian; Harun, Hermanto; Nazori, Ahmad; J, Samsul Hadi; Wardani, Retno Kusuma; Yusuf, M.
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Praktik Perceraian di bawah Tangan Masyarakat Desa Palipan Kecamatan Sungai Manau Kabupaten Merangin Ditinjau dari Undang-undang Perkawinan No. 1 Tahun 1974 Patimah, Dewi; Harun, Hermanto; Putra, D.I. Ansusa
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 2 (2022): December 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i2.1433

Abstract

This paper aims to determine the practice of divorce among the Palipan village community, Sungai Manau District, Merangin Regency, and also to find out how unregistered divorce according to Marriage Law No. 1 of 1974. This type of research is field research, namely research conducted directly to the field in order to obtain complete and valid data. Data collection techniques are interviews and documentation. The research methodology used is a qualitative research methodology and the approach that the authors use in this study uses a normative and comparative approach. Data collection in this study was carried out using observation, interview and documentation techniques. The results of this study indicate that the practice of divorce under the hands of the Palipan village community, Sungai Manau sub-district, Merangin Regency is the practice of divorce being carried out at home and attended by witnesses from both men and women. Factors that cause unregistered divorce of the Palipan village community are religious factors and customary factors, the divorce process is easy, fast and does not cost money, court location factors, lack of information, economic consequences, factors not compatible with family and personal problem factors. which must be covered. The implementation of the practice of unregistered divorce of the Palipan village community in the legal context of Law No. 1 of 1974 is considered illegal because it is not in accordance with the provisions of divorce stipulated in the Marriage Law No. 1 of 1974 article 39 paragraph 1.
Golput dalam Perspektif Fiqh Siayasah (Studi Kasus Pemilihan Gubernur Jambi Tahun 2020) Kurniawan, Desri; Harun, Hermanto; Umar, Hasbi; Ramlah, Ramlah; wati, Novika
Jurnal Ekonomi Manajemen Sistem Informasi Vol. 4 No. 4 (2023): Jurnal Ekonomi Manajemen Sistem Informasi (Maret - April 2023)
Publisher : Dinasti Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/jemsi.v4i4.1472

Abstract

The purpose of this research is to find out how the Fiqh Siyasah Perspective is towards people who do not choose their leaders, in the case study of the Jambi governor election in 2020. The type of research is field research, the research approach used is a qualitative approach using descriptive methods, the kind of data used is primary and secondary, and the data sources used are from people and sources. At the same time, the data collection methods are observation, interviews, and documentation. Based on the results of the research, it was concluded that there are still many abstentions, especially in the people of Jambi city, it was recorded that the level of cooperation of citizens in the political contestation in Jambi Pilkada last December 9, was only 67.90 percent occurred because the community did not know their position in the perspective of vinyasa fiqh based on the MUI fatwa when they don't choose their leaders, why do people choose to abstain from funds how to minimize people so they don't abstain.
The Cipete Vs Situbondo Feud (1983-1984): Study of Khittah NU Return and Its Impact on PBNU Political Policy Harun, Hermanto; Nurjaman, Andri; Huda, Ali Anhar Syi'bul; Rasidin, Mhd.; Muna, Moh. Nailul
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 10, No 1 (2024): 8 Articles, Pages 1-166
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v10i1.11487

Abstract

This article aims to look at the history of the feud between the Cipete camp, namely the KH Idham Chalid camp and supported by NU politician cadres with the Situbondo camp supported by non-political scholars in the context of searching for NU identity (Khittah NU) and its implications for PBNU’s political policies during the leadership of Gus Yahya Cholil Staquf, both national politics and practical politics in the 2024 elections. This article is a library research study with historical methodology, namely heuristics, criticism, interpretation, and historiography. The research found that the conflict between the Situbondo camp and the Cipete camp was a tug-of-war over the search for NU’s identity, which was allegedly pushed very far into the realm of practical politics and neglected other fields. To settle the dispute, a reconciliation was made between the two camps in 1984, and both continued the NU congress in Situbondo, which gave birth to a new PBNU leadership, a return to the basic values of NU as a social organisation, withdrawing from various aspects of practical politics, and accepting the single principle of Pancasila. When viewed in the context of 2024, the PBNU led by Gus Yahya Cholil Staquf (period 2022 to 2027) is guided by the Khittah NU and stops all practical political activities, especially in the face of the 2024 elections. PBNU, under Gus Yahya’s leadership, asserted its neutrality and independence as a form of NU’s Khittah in all kinds of practical politics. The issue of PBNU’s alignment with one of the Presidential and Vice Presidential candidate pairs in the 2024 elections was dismissed and denied by PBNU. PBNU carries out national politics by ensuring the safety of Indonesia's religion, nation, and state, especially after the 2024 elections.
Efektifitas Pelaksanaan Undang-Undang Republik Indonesia Nomor 41 Tahun 2004 Tentang Wakaf ditinjau dari Nilai Produktivitas Alimudin, Alimudin; Ritonga, Ahmad Husein; Harun, Hermanto
Minhaj: Jurnal Ilmu Syariah Vol. 6 No. 1 (2025): Januari
Publisher : Lembaga Penerbitan Jurnal Ilmiah Institut Agama Islam Bani Fattah Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/minhaj.v6i1.3052

Abstract

Penelitian ini beertujuan untuk mengetahui efektifitas pelaksanaan Undang-Undang Republik Indonesia Nomor 41 Tahun 2004 tentang Wakaf ditinjau dari nilai produktifitas. Penelitian ini menggunakan pendekatan kualitatif, pengumpulan data melalui wawancara, observasi, dan dokumentasi. Berdasarkan hasil penelitian Penggunaan tanah wakaf yang ada di Kabupaten Tanjung Jabung Timur sudah sesuai dengan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf, dari jumlah tanah wakaf yang ada berjumlah 433 digunakan dengan rincian: tempat ibadah sebanyak 144 tanah wakaf, makam/kuburan sebanyak 42 tanah wakaf, lembaga pendidikan sebanyak 7 tanah wakaf, dan sosial lainnya sebanyak 240 tanah wakaf. Pengelolaan pengembangan wakaf di Tanjung Jabung Timur masih sangat sederhana, sebagaian besar tidak ada pengembangan pengelolahan secara produktif ekonomis, jika tanah wakaf digunakan untuk pembangunan masjid hanya digunakan untuk pembangunan masjid saja walaupun tanah sisa dari lokasi pembangunan masjid sangat luas tidak dikelola secara produktif, dibiarkan saja semak belukar tanpa manfaat, yang selayaknya tanah wakaf tersebut dapat dikelola secara produktif. Implementasi regulasi wakaf di Kabupaten Tanjung Jabung Timur belum efektif, karena masih terjadi ketidaksesuaian antara das sollen dan das sein, regulasi wakaf yang terdiri dari Undang-Undang Nomor 41 Tahun 3004 tentang wakaf, dan Peraturan Pemerintah Nomor 25 Tahun 2018 tentang perubahan atas perubahan atas Peraturan Pemerintah Nomor 42 Tahun 2006 belum dilaksanakan secara efektif.
THE POLITICAL-RELIGIOUS IJTIHAD OF NAHDLATUL ULAMA ON THE CONCEPTS OF GUIDED DEMOCRACY, NASAKOM, AND MANIPOL-USDEK (1959-1965) Firdaus, Abdullah; Harun, Hermanto; Nurjaman, Andri; Witro, Doli; Rasidin, Mhd.
Khazanah: Jurnal Studi Islam dan Humaniora Vol. 22 No. 1 (2024)
Publisher : UIN Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/khazanah.v22i1.10287

Abstract

Nahdlatul Ulama (NU) has been an Islamic political party since its formal separation from Masyumi in 1952. Following this, the NU party maintained a close relationship with President Soekarno, particularly during the period of Guided Democracy, which was marked by the issuance of the Presidential Decree of 5 July 1959. However, NU's acceptance of Guided Democracy and its components was not immediate but involved a process of religious and political ijtihad (independent reasoning) by NU scholars. In this context, NU’s acceptance and support for the concepts of Guided Democracy, Nasakom (Nationalism, Religion, and Communism), and Manipol-Usdek (the Preamble to the 1945 Constitution) were framed through an Islamic approach. This paper aims to explore and analyze NU's siyasah-diniyyah (religious-political ijtihad) regarding these political concepts. This study employs a qualitative research approach, utilizing the historical method, which involves the stages of heuristics, criticism, interpretation, and historiography. Historical sources relevant to the theme of this research were gathered and analyzed. The findings indicate that the siyasah-diniyyah ijtihad of Nahdlatul Ulama represented support for the ideas and political thought of NU’s clerical leaders in responding to President Soekarno's new political system, particularly Guided Democracy, Nasakom, and Manipol-Usdek. NU’s religious and political stance can be seen in the thoughts of KH. Wahab Chasbullah, the Ro’is Syuriah (Chairman) of PBNU, who accepted Guided Democracy as consistent with Islamic teachings and viewed the 1945 Constitution as an embodiment of the Jakarta Charter. Additionally, the perspective of KH Idham Chalid, Chairman of Tahfidziyah PBNU, is also significant, as he contributed to bridging the gap between Guided Democracy and Islam through the concept of shuro, involving experts and emphasizing full responsibility in decision-making.
Co-Authors Abdullah Firdaus Adawiyah, Robi'Atul Ahmad Husein Ritonga Alfaruq, Muhammad Alimudin Alimudin, Alimudin Ardi, Muh Zaitun Bahrul Ulum Batubara, Febrian Busni, Darti Effendi, Ghina Nabilah Faizah, Nural Fitri Habi, Nuraida Fuad Rahman Haris Mubarak Hasbi Umar Helmina, Helmina Huda, Ali Anhar Syi'bul Irmawati Sagala J, Samsul Hadi Kurniawan, Ardian Kurniawan, Desri M. Yusuf Muna, Moh. Nailul Nazori, Ahmad Nurjaman, Andri Patimah, Dewi Putra, D.I. Ansusa Ramlah Ramlah Rasidin, Mhd. Robiatul Adawiyah Roni, Rusli Abdul Sungguh, Hardi Muhar Sururuddin Sururuddin, Sururuddin Tauvani, A. Yuli Tumadi, Nurul Hidayah Wardani, Retno Kusuma wati, Novika Witro, Doli Yuliatin yuliatin