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All Journal Jurnal Asy-Syari'ah MUWAZAH: Jurnal Kajian Gender Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Jurnal Penelitian Manabia: Journal of Constitutional Law el hisbah: Journal of Islamic Economic Law Al-Hukkam : Journal of Islamic Family Law Al-Hukama: The Indonesian Journal of Islamic Family Law Muwazah: Jurnal Kajian Gender
Akhmad Jalaludin
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Religion Arts Humanities Astronomy Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KADAR PENGGUNAAN NALAR DALAM HUKUM KEWARISAN ISLAM Akhmad Jalaludin
JURNAL PENELITIAN Vol 11 No 2 (2014): Volume 11 Nomor 2 2014
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jupe.v11i2.10086

Abstract

This study attempted to assess the level of the use of reason in the Islamic inheritance law. From this study, that use the usu}l>fiqh (Islamic legal theory) approach, it is known that inheritance law that often considered as qat}'iy (definitive) and can not be changed, in fact, is filled with provisions was formulated by using reason (ijtihad). Even some of the ijtihad is touching the provisions set forth by the verses of the Koran that considered as qat}'iy, in order to give justice to the heirs. This fact suggests that the inheritance law is a sphere that is open to be reformulated and that the consideration of justice also been and can be used although it seem contrary to the provisions of textual considered as qat}'iy.
From Patrilineal to Bilateral: A New Balance of Islamic Inheritance Law in Indonesia’s Religious Court Jalaludin, Akhmad
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2024.14.2.201-231

Abstract

This study investigates the transformation of the Islamic inheritance system within the framework of the Religious Courts in Indonesia. Employing a normative legal research methodology, the study adopts conceptual, philosophical, and prescriptive approaches to analyze key legal materials, including the Compilation of Islamic Law (KHI), Supreme Court jurisprudence, and other legal sources. The finding reveals that this transformation is driven by the necessity to align inheritance laws with Indonesia’s inclusive and egalitarian social and cultural values. The implementation of the KHI and the rulings of the Supreme Court represent a significant step toward adopting a bilateral inheritance system aimed at ensuring a more equitable distribution of inheritance rights, particularly for women. Judges’ reliance on the principle of maṣlaḥah (public interest) is crucial in facilitating this transformation. Despite these advancements, challenges persist, especially in increasing public awareness and acceptance of the reformed system. This progressive reform highlights Indonesia’s Religious Court efforts to make Islamic law more responsive to the principles of gender equality. The article offers valuable insights into the evolution of Islamic inheritance law in Indonesia, contributing to broader discussions on promoting gender justice within the framework of Islamic legal principles.
Special Position of ‘Aṣabah (Male Agnatic Relatives) in the Sunni Islamic Jurisprudence of Inheritance Jalaludin, Akhmad
Asy-Syari'ah Vol 26, No 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.33792

Abstract

Abstract: This study aims to reveal the unique and privileged relationship of the position of male relatives who directly relate to the heirs or through a man without a woman ‘aṣabah or male agnatic relatives) in the Sunni Islamic jurisprudence. The Sunni Islamic jurisprudence provides a special and exclusive position to the ‘aṣabah. Whatever the extent of the kinship relationship of ‘aṣabah with the heirs, he will not be hindered except by the fellow ‘aṣabah. This study applies a socio-historical approach and uṣūl fiqh. In conclusion, the system of ‘aṣabah in the Sunni Islamic jurisprudence has resulted from an interpretation of the Qur’an and hadith, in which the weighty Arab patrilineal kinship system truly and significantly influences the interpretation.
Implementasi Fatwa Nomor 25/DSN-MUI/III/2002 Dalam Akad Gadai Emas Hanggara, Dimas Tomy; Jalaludin, Akhmad; Ainul Yaqin
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.715

Abstract

The purpose of this study was to determine the practice of pawning gold, the implementation of the DSN MUI fatwa no. 25/DSN-MUI/III/2002 regarding Rahn and the reasons why the DSN MUI fatwa no. 25/DSN-MUI/III/2002 was not fully implemented. At PT. Pekalongan Sharia Pawn Services. This type of research is a field research (field-research) with the object of research is the implementation of the fatwa DSN MUI number 25/DSN-MUI/III/2002 in the gold pawn contract at PT. Sharia Pawn Services. Sources of data in the form of primary and secondary data, primary data obtained by observation and interview techniques while secondary data obtained by documentation that is utilizing sources of books, journal articles, websites or websites. And the data analysis used descriptive qualitative which was concluded by means of inductive thinking. The conclusion of this study is that the implementation of the DSN MUI fatwa no. 25/DSN-MUI/III/2002 regarding rahn.at PT. The Sharia Pawn Service has been in accordance with its practice, although in the sales process it is not in accordance with the provisions of the MUI DSN fatwa, but the purpose of the sale of collateral goods that are not redeemed in accordance with the MUI DSN fatwa is to pay off debtors' debts and pay their ujrah.
Penyelesaian Pembiayaan Murabahah yang Bermasalah (KSPPS BMT Mitra Umat Pekalongan Cabang Krapyak) Nabila, Nurma; Jalaludin, Akhmad; Pratami, Bunga Desyana
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.823

Abstract

Non-performing financing is not expected by financial institutions that provide financing products because it can cause losses to financial institutions. The purpose of this study is to analyze the supporting and inhibiting factors in efforts to resolve problematic murabahah financing at KSPPS BMT Mitra Umat Pekalongan Krapyak Branch in 2021 and analyze the suitability of efforts to resolve problematic murabahah financing at KSPPS BMT Mitra Umat Pekalongan Krapyak Branch in 2021 with the DSN-MUI Fatwa and KHES. This type of research is sociological law with data collection techniques through interviews and documentation. The results of the study show that the supporting factors in efforts to resolve problematic murabahah financing are supervision and communication with customers; customer awareness and good faith; cooperative customers to the agreement; as well as the existence of a team of lawyers who provide a deterrent effect. The inhibiting factor is the character of the customer; customer dishonesty; unstable economic condition; and customers are reluctant to sell collateral. There is a discrepancy with the provisions of the DSN-MUI fatwa and KHES, namely the point of debt relief at the guarantee execution stage, the point of converting a contract. KSPPS BMT Mitra Umat Pekalongan Krapyak Branch does not apply sanctions to customers who delay payments, but charges compensation for transportation costs when billing the customer's home.
Gender Relation Pattern in the Siri Marriage Family Akhmad Jalaludin; Triana Sofiani
MUWAZAH : jurnal kajian gender Vol 12 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/muwazah.v12i2.8584

Abstract

This paper analyzes the practice of siri marriages and patterns of gender relations in the siri marriage family in Pekalongan City. The theoretical argument that has been developed by the local people of Pekalongan City is that siri marriage is the same as registered marriage. This qualitative research with a gender perspective uses data collection techniques, i.e: observations, interviews, and literary studies. The technique of checking the credibility of the data uses triangulation and analysis using an interactive model. The results showed that the practice of siri marriage in Pekalongan City used a model, ie: performing an akad as a legal marriage, the only difference being the absence of a Marriage Registration Officer; came to the Kiai's house together with the guardian and the witness, and 3) the akad was carried out in secret at the Kiai's house. The causes of siri marriage in Pekalongan City, namely: fear of sin, avoiding adultery, economic hardship, polygamy that is not allowed by wives, a pregnancy outside of marriage, there is no fee for legal marriage and understanding of the meaning of marriage. The practice of unregistered marriage has an impact on women and children. The pattern of gender relations in the siri marriage family in Pekalongan City is in the form of a pseudo-vertical-hierarchical relationship pattern, where the husband has a higher position than the husband's wife has the power to regulate and make decisions in the household (subordination), but the roles, functions, and responsibilities of the husband do not implement optimally, or there is a deviation of roles, functions and responsibilities. Therefore, it is necessary to build awareness for perpetrators of unregistered marriages to create a pattern of relationships that are fair and gender-equal.
Special Position of Ashabah’s Heirs in the Sunni Islamic Jurisprudence of Inheritance: A Sociohistorical Approach Akhmad Jalaludin; Md Yazid Ahmad
Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.33792

Abstract

This study discusses the relationship between the position of male relatives in relation to the heir, either directly or through a male lineage, and not through females (known as ‘aṣabah) in Sunni jurisprudence, within the context of the Arab anthropological background. Sunni jurisprudence assigns a special position to ‘aṣabah. Regardless of how distant the familial relationship of an ‘aṣabah is to the heir, they are not excluded except by another ‘aṣabah. This study employs a normative juridical approach with a sociohistorical and ushul fiqh perspective to explore the connection between the ‘aṣabah system in Islamic inheritance law and the sociohistorical backdrop of Arab society during the development of Islamic jurisprudence by Sunni scholars, especially focusing on the kinship system. The findings indicate that the ‘aṣabah system in the Sunni fiqh is an interpretation of the Qur'anic texts and Hadith, and that this interpretation is heavily influenced by the Arab kinship system, which is deeply rooted in a patrilineal local cultural context. The author argues that the association of the ‘aṣabah system with the local cultural practices of Arab society conflicts with several inheritance principles in the Qur'an, such as the principle that men and women with the same degree of kinship should have equal inheritance rights, the principle of bilateral inheritance, and the principle of prioritizing closer relatives.
CORAK PATRILINIAL DALAM HUKUM KEWARISAN ISLAM SUNNI Akhmad Jalaludin
JURNAL PENELITIAN Vol 6 No 1 (2009): Volume 6 Nomor 1 2009
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/3qrw0g03

Abstract

Hukum kewarisan Islam Sunni (berbeda dengan hukum kewarisan Syi’ah) sangat kental corak patrilinialnya. Setiap hubungan antara pewaris dengan ahli waris dilihat dengan perspektif patrilinial, kecuali jika ahli waris tersebut telah secara eksplisit disebut oleh nash. Padahal, al-Qur’an sama sekali tidak memberikan pembedaan antara ahli waris dari garis laki-laki dengan ahli waris dari garis perempuan. Hadits-hadits Nabi saw. juga tidak cenderung pada sistem patrilinial. Kentalnya corak patrinial tersebut lebih didasarkan pada pemahaman fuqaha’ Sunni yang dipengaruhi oleh ‘urf patrilinial.
KADAR PENGGUNAAN NALAR DALAM HUKUM KEWARISAN ISLAM Akhmad Jalaludin
JURNAL PENELITIAN Vol 11 No 2 (2014): Volume 11 Nomor 2 2014
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/7a7ebn55

Abstract

This study attempted to assess the level of the use of reason in the Islamic inheritance law. From this study, that use the us fiqh (Islamic legal theory) approach, it is known that inheritance law that often considered as qat (definitive) and can not be changed, in fact, is filled with provisions was formulated by using reason (ijtihad). Even some of the ijtihad is touching the provisions set forth by the verses of the Koran that considered as qat, in order to give justice to the heirs. This fact suggests that the inheritance law is a sphere that is open to be reformulated and that the consideration of justice also been and can be used although it seem contrary to the
Beyond Charity: The Transformative Role of Social Fiqh in Advancing Substantive Rights for Persons with Disabilities Akhmad Jalaludin; Agung Barok Pratama; Anindya Aryu Inayati
Al-Qisthu Vol 23 No 2 (2025): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v23i2.6100

Abstract

People with disabilities still do not get the same opportunities and special treatment according to the conditions experienced. Although the state guarantees equal rights for all citizens, its implementation for persons with disabilities is still not optimal, creating a gap between normative regulations and social reality. This research aims to analyze the issue through the perspective of social fiqh, which is the paradigm of Islamic law that emphasizes justice, empathy, and social inclusion, using a qualitative approach with a literature study design. Data was collected from academic works, official documents, and relevant policies, then analyzed by content analysis techniques through the systematic review method. The focus of the analysis is directed at mapping the principles of social fiqh that can be operationalized in answering the problem of marginalization of persons with disabilities. The results of the study show that the six main principles of social fiqh, namely al-'adālah (justice), at-tawādhu' (empathy), al-muwāsathah (social inclusion), ihyā' al-maṣāliḥ (empowerment), ḥifẓ al-nafs (care of the soul and mental health), and ta'līm wa tasyjīr (education and opportunity), not only provides theological legitimacy for the protection of the rights of persons with disabilities, but can also be used as a practical framework to encourage inclusive policies, economic empowerment, and adaptive access to education. The findings of this research can be an input for the government as a policy maker to formulate regulations that are more equitable for people with disabilities so that they can fulfill their social rights. In addition, it can be an input to the general public to be fair, empathetic and provide opportunities for socialization for people with disabilities so that they get equality and treatment as their conditions.
Co-Authors Agung Barok Pratama Ainul Yaqin Anindya Aryu Inayati Dimas Tomy Hanggara Elfira Sarah Hedianti Hanggara, Dimas Tomy Karimatul Khasanah, Karimatul Md Yazid Ahmad Nabila, Nurma nur hakiki Nurohmah, Subekti Praptiyani Praptiyani Pratami, Bunga Desyana Subekti Dwi Nur Rohmah Tarmidzi Tarmidzi Triana Sofiani Triana Sofiani Triana Sofiani