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All Journal Ahkam: Jurnal Ilmu Syariah Al-Manahij: Jurnal Kajian Hukum Islam IBDA` : Jurnal Kajian Islam dan Budaya IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Al-Ahkam Al-Jami'ah: Journal of Islamic Studies Al-Ahwal: Jurnal Hukum Keluarga Islam El-Mashlahah Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Journal of Islamic Law Al-Mazaahib: Jurnal Perbandingan Hukum Al-Manahij : Jurnal Kajian Hukum Islam IBDA': Jurnal Kajian Islam dan Budaya Jurnal Legisia Supremasi Hukum: Jurnal Kajian Ilmu Hukum Al-Istinbath: Jurnal Hukum Islam Journal of Progressive Law and Legal Studies Jurnal Hukum Islam Jurnal Legislasi Indonesia

Ali Sodiqin

Universitas Islam Negeri Sunan Kalijaga Yogyakarta

Author-ID : 383450

Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 33 Documents Claim Missing Document

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Hukum Jaminan dalam Pembiayaan Modal Kerja (Akad Muḍārabah) di Bank Syariah dalam Pendekatan Maqāṣid Syarī’ah Waldi Nopriansyah; Abdul Mujib; Ali Sodiqin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 1 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v4i1.870

This study aims to determine the law of guarantees in working capital financing (muḍārabah contracts) in Islamic banks from the perspective of maqāṣid syarī’ah. This type of research is qualitative research that is literary. The approach in this study uses the sharia maqāṣid system. The results of the study show that the guarantee applied by Islamic banks to working capital financing contracts (muḍārabah contracts) is a must that must be carried out by the bank in implementing the precautionary principle. While the maqāṣid sharia view, the application of guarantees carried out by Islamic banks in financing working capital specifically to secure the assets of ṣāḥib al-māl (hifẓ al-māl), and in general the guarantee law has entered into the elements of daruriyat al-khamsah, namely hifẓ al-dīn, hifẓ al-nafs, hifẓ al-‘aql, hifẓ al-nasl dan hifẓ al-māl. Therefore, applying the guarantee law is permissible to protect the assets of ṣāḥib al-māl.

Child Trafficking Offence: Case Study of Surabaya District Court Decision No. 685/PID.SUS/2022/PN SBY Aini, Qurotu; Sodiqin, Ali; Yulianis, M Sifa Fauzi; Haniyah, Haniyah
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.135

The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims. Keywords: Child Trafficking.Exploitation. Legal Protection

Tinjauan Yuridis Tanggung Jawab Orang Tua terhadap Anak Pasca Perceraian Muzakki, Muh Afif; Sodiqin, Ali; Qudussalam, Abdul; Murniati, Dewi
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Divorce cases in Indonesia are increasing, this has also resulted in many male parents (fathers) ignoring their responsibilities to their children. In connection with legal provisions, children must still receive their rights as children based on Article 45 paragraph 1 of Law no. 1 of 1974 concerning Marriage which states "Both parents are obliged to care for and educate their children as best as possible". The aim of this research is to analyze and identify parents' responsibilities towards children after divorce, as well as legal efforts that can be taken to guarantee children's rights. This research uses normative legal research methods, with a statutory regulation approach and secondary data as research references. The research results show that parents' responsibilities towards children after divorce include the responsibility to meet the child's living needs, provide emotional support, and provide adequate education and teaching. Legal efforts that can be taken to guarantee children's rights include efforts to settle outside of court and submitting a petition to court. In this case, the court can decide on matters relating to children's rights, such as custody, maintenance and the interests of the child as a whole. This research provides a more comprehensive view of the legal issues relating to parental responsibility after divorce. In addition, this research can provide insight to the public on the importance of safeguarding children's rights and welfare in the context of divorce, while encouraging awareness of the responsibility of parents in providing the necessary protection and support for the optimal development of their children.

The Bilateral Inheritance System in Islamic Family Law: Fairness, Equality, and Mutual Exchange Perspectives Aniroh, Reni Nur; Nasution, Khoiruddin; Sodiqin, Ali
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.17630

This article aims to demonstrate that bilateral inheritance is a system of inheritance that is intended to embody the principles of equal justice in Islamic family law. Hazairin, the pioneer of bilateral inheritance, has initiated the implementation of these principles. However, there are still some issues that need to be addressed in some circumstances. This study employs a juridical legal approach, examining it through the lens of John Rawls' theory of justice and Mubādalah Faqihuddin Abdul Kodir's theory. The studied material consists of notions and perspectives concerning the distribution of inheritance in Islamic law, derived from the Qur’an, hadith, and the viewpoints of ulama and legal professionals. The article's conclusion demonstrates that, according to John Rawls's theory of justice and Mubādalah Faqihuddin Abdul Kodir's theory, bilateral inheritance, when interpreted in a mutually equitable manner, establishes equal positions for men and women in terms of both lineage and inheritance, based on their individual circumstances. Under circumstances where women, like men, can inherit all assets as sole heirs without contravening the explicit restrictions of the text, Furthermore, the allocation of inherited assets can be executed without any complex calculations or meticulous planning, since these assets can be fully utilized without any surplus or diminishing the portion received by the heirs. This essay aims to highlight Hazairin's innovative proposal for ensuring fair treatment in inheritance disputes while also addressing the theological issues that have been overlooked. Consequently, it is possible to examine Hazairin's thesis by employing Rawls' theory of justice and Mubjadi Faqihuddin's theory.

Towards an Interreligious Fiqh: A Study of the Culture-Based Religious Tolerance in the Kaloran Community, Central Java, Indonesia Sodiqin, Ali; Umroh, Roehana Rofaidatun
Al-Jami'ah: Journal of Islamic Studies Vol 61, No 1 (2023)
Publisher : Al-Jami'ah Research Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajis.2023.611.159-180

This paper explores local wisdom in Kaloran, Temanggung, Central Java, Indonesia, with its religious diversity that influences the understanding and practice of their religiosity. The people’s local wisdom is agama ageming aji and sing penting brayan, which becomes the basis for building religious tolerance. It raises the question of how people interpret this philosophy as a guideline for building religious tolerance. What is the dialectic pattern of religion and culture practised by Kaloran Muslims? What is the form of implementation of inter-religious fiqh that manifests religious tolerance? The researchers argue that religion for the Kaloran people is like ageman (clothing), so choosing a religion is an individual’s freedom and rights that somebody must respect. The ultimate purpose of religion is to build social harmony (brayan). In addition, the pattern of religious and cultural dialectics practised by the Muslim Kaloran is in the form of desacralisation and culturalization of religious teachings. The pattern, in turn, encourages the rise of such kind of inter-religious fiqh built by placing religion as a private matter and must go hand in hand with culture as a medium for building tolerance. The Muslim community integrated religion and culture through desacralisation and culturalization.[Tulisan ini membahas kearifan lokal masyarakat Kaloran, Temanggung, Jawa Tengah, Indonesia, dengan keragaman keagamaannya yang mempengaruhi pemahaman dan praktik keberagamaan masyarakat. Mereka memiliki kearifan lokal berupa agama ageming aji dan sing penting brayan sebagai dasar membangun toleransi beragama. Hal ini menimbulkan pertanyaan bagaimana masyarakat memaknai falsafah tersebut sebagai pedoman dalam membangun toleransi beragama? Bagaimana pola dialektika agama dan budaya yang dipraktikkan Muslim Kaloran? Bagaimana bentuk implementasi fikih antar agama yang merupakan perwujudan dari toleransi beragama? Penelitian ini menunjukkan bahwa agama bagi masyarakat Kaloran diibaratkan sebagai ageman (pakaian), sehingga memilih agama adalah kebebasan dan hak individu yang harus dihormati. Tujuan beragama adalah untuk membangun harmoni sosial (brayan). Dengan pemahaman seperti itu, pola dialektika agama dan budaya yang dipraktikkan oleh masyarakat Kaloran berupa desakralisasi dan kulturalisasi ajaran agama terhadap budaya. Pola ini kemudian mendorong munculnya konstruksi fikih antar agama yang dibangun dengan menempatkan agama dalam wilayah privat yang harus berjalan beriringan dengan budaya sebagai media membangun toleransi. Agama dan budaya diintegrasikan melalui pola desakralisasi dan kulturalisasi.

FIQH SAINS: ELABORASI KONSEP ‘ILLAT MENUJU PEMBENTUKAN HUKUM ISLAM YANG AKTUAL Sodiqin, Ali
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 1 No. 1 (2012): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Fiqh is the nearest part in the religious life of the Islamic society. Almost all of the religious practices in the society are besed on the fiqh. On the other hand, fiqh is the product of fuqaha’s ijtihad which open to the change and diversity. The one of causes which became the change and diversity in fiqh is illat concept. The existing or lacking of law are dipend on the illat, therefor the illat of law elaboration became very important. The science and tecnology development can be recognized as the illat of law change. The law which had been formed by the classic and medieval ulama can be canged. It is not effective in the science and tecnology development era. The finding of new law become the new law illat. The concepts of majlis, safar, iddah need to be interpreted because of theinformation and transportation tecnology development. Therefore, it is impoetant to develope the concept of illat which is suitable with the Islamic law formative orientation (maqasid asy-syari’ah). The illat of law must capable to make law which is implied the mashlahah and relevant to the civilization development, in order to keep the fiqh flexibility and significancy to the life realities. The process can be conducted by activizing ijtihad, fusing between the istinbat (deductive) and istiqra’ (induktif) methods. The ijtihad model depends on the real problems, einther by using the tarjih intiqa‟i or ibdai insyai models.

REFORMASI AL-QUR’AN DALAM HUKUM PERCERAIAN: Kajian Antropologi Hukum Islam Sodiqin, Ali
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Islamic law, including divorce law, has a dialectical relationship withthe traditions of Arab society as its first recipient. Therefore, explainingIslamic law must consider the historical and anthropological situationArab’s community in 7th century AD. The social structure, politics,and economics of Arab society at that time had a strong influence for theenforcement of Islamic law. Anthropologically, the differences of the rightsand obligations between husband and wife in the law of divorce wasinseparable from the dynamics of a growing cultural community. Islamiclaw governs the conduct of divorce as it adjusts to the social conditionsof Arab society at the time. So the divorce legal texts in the Quran mustbe explained by the socio-cultural context of the recipient. When thesocio-cultural is change, change of the law of divorce is permissible. Thesubstance of the law of divorce in Islam is to place the divorced parties(husband and wife) to be equal, ie, have the same rights and obligations.The difference in the rights and obligations of husband and wife foundin texts of Islamic law due to the efforts of adoption, adaptation, andintegration of the revelation of the Qur’an with the traditions of Arabsociety. In the context of socio-cultural system now, can be a mediumfor constructing the divorce laws in Islamic law towards social justice.

GENEALOGI GERAKAN PENEGAKAN SYARI’AT ISLAM DI INDONESIA Sodiqin, Ali
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Enforcement of Islamic law in Indonesia has historically and empirically problem. Debating in this case is not a new discourse of Islamic law, but of a "burden of history" which until this moment has not been completed. Political law of Dutch colonial that twist the facts enactment of Islamic law, caused marginalization of the Shari'ah in the Indonesian legal system. As a result, there are fragmentation among the Muslims in the form and establishes the basic state at the beginning of independence. Two groups of Muslims appeared, namely the secular nationalist and Islamic nationalist group. During reformation period, appear artifisialistic and reductionist understanding, when Islamic law narrowed at the level of legal provisions that formal and rigid. The emergence of regional regulations of Shari'ah, was more the efforts of syariah formalization rather than enforcing the doctrine of universal substance. It can be seen from the regulated materials that only at the outside or the skin only, not on the key issues that touch the lives of many people. Besides, it appears a group that understands the shari'ah as a solution and a way of life that is totalistic, without considering aspects of historicity and contextuality. As a result is widespread understanding of Islamism is more emphasis than substance formalization. Transformation understand fundamentalism in the Middle East are sourced from Wahhabi’s teachings that has a big influence in developing the ideology called salafiyah ideological.

DIVINITAS DAN HUMANITAS DALAM HUKUM PIDANA ISLAM Sodiqin, Ali
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 2 (2017): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Islamic law from its source is divine law because it is based on God’s revelation, but from its implementation, Islamic law is human made law, which is interpretation of revelation. So that in Islamic law contained the side of divinity and humanity, absolute character on one side and relative on the other side. The implication, which is called Islamic law is all the interpretation of the revelations made by the mujtahids. In Islamic criminal law, that reality also occurs. Although the source is revelation, the humanity aspect receives an important attention in Islamic criminal law. The purpose of establishing Islamic criminal law is to uphold human rights, such as the right to life, the right to marry, the right to property, the right of self-esteem, the right to think, and other basic rights. The guarantee of human rights protection is also seen in the form of penal sanctions, law enforcement models and law enforcement orientations. Legal sanctions are not the goal of law enforcement but the means or strategies so that they are adaptable. Law enforcement refers to restorative justice involving perpetrators, victims, communities, and the state. The legal orientation is not only to resolve legal conflicts, but to enforce social defense.Kata Kunci: hak asasi manusia, jinayah, restorative justice, perlindungan sosial

Kritik Terhadap Keadilan Ekonomi Kontemporer dan Hukum Ekonomi Syariah dalam Tradisi Tompangan Suaidi, Suaidi; Sodiqin, Ali; Rozaki, Abdur
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.01

The tradition of tompangan, which was originally a form of social solidarity between residents, has shifted into an informal debt system, with returns exceeding the initial amount given, thus causing injustice and economic inequality. This study discusses the critique of contemporary economic justice and the relevance of Sharia Economic Law to the shift in the tradition of Topangan in Madura. This study uses a qualitative approach with data obtained through interviews and observations. The results of the study indicate that social change and modernization have shifted the traditional value of tompangan, which was originally a grant, into a qardh (debt) contract that tends to be capitalistic. Based on the perspective of Sharia economic law, returns that exceed the amount of the loan can be categorized as usury which is prohibited in Islamic law. This study also found that the community still considers this practice socially legitimate despite the uncertainty and injustice in the return of tompangan goods. Therefore, combining insights from the tompangan tradition with contemporary economic justice theory can open up new perspectives for economic policies that are fairer and more responsive to the needs of local communities and in line with the principles of Sharia economic law.

Co-Authors ABDUL MUJIB Abdul Mujib Abdur Rozaki, Abdur Alfi Syahrin, Alfi Aniroh, Reni Nur Dewi Murniati Hakimi, Abdul Rahim Haniyah, Haniyah Kamsi Kamsi Kamsi Kamsi, Kamsi Khoiruddin Nasution Moch. Nur Ichwan Muhammad Fauzinudin Faiz Mujtahid Mujtahid Musanna, Khadijatul Muzakki, Muh Afif Muzalifah Muzalifah Muzalifah Muzalifah Muzalifah, Muzalifah Nopriansyah, Waldi Nur Komala Oktalita, Frina Qudussalam, Abdul Qurotu Aini, Qurotu Radiamoda, Anwar M Ridho, Hilmi Suaidi Suaidi Suaidi, Suaidi Umroh, Roehana Rofaidatun Yulianis, M Sifa Fauzi

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