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Implementasi Teori Riba Dalam Peraturan Perundang-Undangan Di Indonesia Nugroho, Fahmi Hasan; Nurrohman, Nurrohman
Jurnal Ilmiah Ekonomi Islam Vol. 10 No. 3 (2024): JIEI : Vol.10, No.3, 2024
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v10i3.13992

Abstract

This research aims to elaborate on the extent of the application of the riba theory in the legislation in Indonesia. This research is a qualitative study using an analytical descriptive method towards data sources in the form of books and articles related to the discussed title. This research concludes that the riba theory in sharia is not fully implemented into the legislative system in Indonesia, this is because Indonesia chooses to adopt two economic systems to run together, moreover from the two forms of riba that are prohibited, only one form of riba that is the government’s concern, namely debt riba, while barter riba does not have a position except only in fatwa and financial institution products.
Wives’ Sexual Rights: Shāfiʿī Fiqh Norms and Indonesian Positive Law Mujahid, Ilham; Nurrohman, Nurrohman; Burhanuddin, Burhanuddin; Rasyid, Fauzan Ali; Fawzi, Ramdan
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art2

Abstract

Wives’ sexual rights in marriage constitute a fundamental aspect of human dignity that remains problematic in the construction of classical Islamic jurisprudence and Islamic family law in Indonesia. In the Shāfiʿī school of fiqh, particularly as reflected in al-Muhadzdzab by Abū Isḥāq al-Shīrāzī, sexual intercourse (jimāʿ) is predominantly positioned as a prerogative right of husbands, while wives’ sexual rights are neither explicitly articulated nor recognized as equal. In contrast, the Indonesian positive law through the Marriage Law, the Compilation of Islamic Law (KHI), the Law on Elimination of Domestic Violence, and the Law on Sexual Violence Crimes demonstrates a more progressive orientation by acknowledging wives’ sexual rights as an integral component of the protection of human dignity and human rights. This study employed a normative legal approach with a content analysis of Shāfiʿī fiqh texts and a comparative analysis of the Indonesian positive law regulations. The findings revealed a normative gap between hierarchical classical fiqh and positive law that was oriented toward equality and the protection of women’s bodily rights. The primary contribution of this article is found in its direct dialectical engagement between the Shāfiʿī fiqh norms and the Indonesian positive law, followed by a proposed reinterpretation of fiqh grounded in maqāṣid al-sharīʿah, which affirms wives’ sexual rights as a reciprocal right in marriage. Furthermore, this article improves a concrete legal formulation by proposing a conceptual revision of nafkah bāṭin (intimate maintenance) in the Compilation of Islamic Law to encompass the proper fulfillment of wives’ biological needs which are free from coercion and accompanied by clear legal consequences. Therefore, this study enriches the discourse on Islamic family law while offering a normative bridge between fiqh authority and the Indonesian positive law grounded in gender justice.
HUKUM ISLAM DI ERA DEMIKRASI: TANTANGAN DAN PELUANG BAGI FORMALISASI POLITIK SYARI'AT ISLAM DI INDONESIA Nurrohman, Nurrohman
ADDIN Vol 9, No 1 (2015): ADDIN
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v9i1.611

Abstract

ISLAMIC LAW IN THE ERA OF DEMOCRACY. Challenges and Opportunities for a formalization of Islamic Politics in Indonesia: This paper describes the long journey of struggle to include the Islamic teaching into constitution and laws of Indonesia, the challenges faced by some muslims who would establish Islamic teaching through state institutions and the extent to which the opportunities provided by the democracy in Indonesia which can be used by muslims to offer what they consider to be Islamic laws. Attempts to include the Islamic teaching (Shari’ah) in the constitution of the republic of Indonesia appeared before this state is officially declared. Before that, the founders of the state have been arguing about the foundation of the state. Most of them want the basic state of Indonesia is Islam, while others require that the state of Indonesia’s basic is nationalism. The first compromise was reached at the time of the founders of state agreed that the Jakarta Charter which combines elements of nationalism and Islam will be the opening of the country’s constitution.