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All Journal Al-'Adalah JURNAL PENELITIAN KEISLAMAN El-Mashlahah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam al-Afkar, Journal For Islamic Studies IQTISHADUNA: Jurnal Ekonomi dan Keuangan Islam Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Ilmiah Mandala Education (JIME) Journal of Enterprise and Development (JED) Khazanah Sosial Khazanah Hukum Khazanah Pendidikan Islam Al-Ihkam: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Jurnal Penelitian Keislaman Pamulang Law Review International Journal of Islamic Khazanah JIHAD : Jurnal Ilmu Hukum dan Administrasi Ulumuna Tasamuh: Jurnal Komunikasi dan Pengembangan Masyarakat Islam Didaktika Religia QANUN: Journal of Islamic Laws and Studies Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan
Khairul Hamim
Universitas Islam Negeri Mataram, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Religious Tolerance in France: A Perspective of Maqasid Shari'a Lalu Supriadi Bin Mujib; Khairul Hamim
Khazanah Sosial Vol 4, No 3 (2022): Khazanah Sosial Vol 4, No 3 October 2022
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.314 KB) | DOI: 10.15575/ks.v4i3.17848

Abstract

This study examines religious tolerance in France from the perspective of Maqasid Shari'a. This study employed a qualitative approach with a case study design. The study was conducted in 2019, taking place in France. Data collection techniques were carried out using observation, in-depth interviews, and documentation also the informants were selected by purposive sampling and snowball sampling. Data analysis used the critical analysis method through in-depth interviews with religious leaders, organizational leaders associated with inter-religious harmony organizations, community leaders, and youth leaders. This study revealed France's position as a country which ready to accept religious pluralism and guarantees constitutional, historical and factual tolerance among religious believers. However, this encounters several obstacles that arise in the form of radicalism, Islamophobia and unpreparedness for dialogue related to religious issues. From these obstacles, various strategies emerged to create tolerance among religious believers, namely the laicite law, integration policies and supporting religious institutions such as the Conseil Francais du Culte Musulman (CFCM). Some of the French government's strategies turned out to be in line with the dimensions of Hifz al-Din which is one of the goals of Maqasid Shari’a. Hifz al-Din in this context, is interpreted repressively then it becomes haq al-tadayyun (religious rights), where this strategy can guarantee the continuity of religious people to worship and carry out religious values. Haq al-Tadayyun not only maintains the sanctity of religion but also creates a harmonious relationship pattern in practicing religion amidst religious diversity. This research has implications for the emergence of a form of tolerance among religious believers in France, therefore, it can be a policy reference for countries with Muslim majority populations in responding to the dynamics that occur due to religious diversity.
Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws Khairul Hamim
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4903

Abstract

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-hudud), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.
Travel in Islam (A Study of the Concept of Sīrū in the Qur'an) Khairul Hamim
Ulumuna Vol 27 No 2 (2023): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ujis.v27i2.785

Abstract

This paper analyzes the command to travel in the Qur'an, which is understood from the word sīrū or yasīrū with various accompanying words. The Quranic injunction to travel that uses the word sīrū contains orders to contemplate, think, and take lessons from the attitude of the former people who denied the Prophet and Messenger of Allah and the consequences experienced by these people. Productive tourism in the Qur’an is carried out with a good purpose, benefiting oneself, others, and the surrounding environment and maximizing the use of reason, mind, and heart. In the Qur'an, the orientation of travel is very varied, namely, seeing the behavior of the former people, knowing the universe and its contents, adding insight, clearing the heart, softening the mind, and so on. The phenomenon of travel and efforts to develop the tourism sector in various countries are currently very diverse and continue to develop significantly in various means and forms so that they can provide benefits for social, political, cultural, and religious life. The order to travel contained in the word sīrū must be actualized in today's modern life by sticking to and being guided by the values ​​in the holy book of the Qur'an.
Perspective of Small Medium Enterprises in West Nusa Tenggara on export plans Mas'ud, Riduan; Azizurrohman, Muhammad; Hamim, Khairul; Elbadriati, Baiq; Supiandi, Supiandi
Journal of Enterprise and Development (JED) Vol. 4 No. 1 (2022): Journal of Enterprise and Development (JED)
Publisher : Faculty of Islamic Economics and Business of Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/jed.v4i1.5157

Abstract

Purpose — The purpose of this study is to investigate how Small Medium Enterprises (SMEs) react to their plans to engage in export activities, particularly in the province of West Nusa Tenggara (NTB).Research method — The method used in this research is descriptive quantitative by distributing questionnaires to respondents containing multiple choice and open-ended questions.Result — This study found that the majority of SMEs have been export-oriented. They want to export for a variety of reasons, including expansion of their business network, international market demand, increased company revenues, and availability of suitable raw materials. Lack of extensive overseas markets/networks, lack of understanding of export procedures, and lack of adequate Human Resources seem to be one of the reasons given by SMEs who say NO or do not want to carry out export activities (HR).Significance/contribution/recommendation — In terms of the issues covered, this study differs from others. The majority of research focuses solely on the impact of SMEs and their export prospects. Meanwhile, the focus of this research is on SMEs' responses when it comes to organizing their product export efforts.
Pencegahan Perkawinan Anak di NTB: Perspektif Kebijakan dan Masyarakat dalam Perspektif Gender Maghfurrohman, Muhammad; Bima Putri, Nurhastuti; Zulkarnain3; Jidatul Haz, Aaz; Hamim, Khairul
Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v7i1.43282

Abstract

This article discusses the phenomenon of preventing child marriage in West Nusa Tenggara (NTB) with a focus on gender policies and perspectives. NTB has the third highest gender bias index in Indonesia, reaching 0.490 after Jambi and Southeast Sulawesi. The phenomenon of child marriage is also widespread in NTB, encouraging policy makers to implement the Marriage Age Maturation Program (PUP) as a prevention effort. This research analyzes PUP as an object of study with a gender perspective from policy makers and society. The factors causing gender bias in preventing child marriage in NTB are described in descriptive-qualitative field research. The research results show that policy makers prioritize gender justice, but the community has an unequal view regarding the implementation of PUP in NTB. The minimal role of women in the public sphere is caused by society's attachment to absolute interpretations of the text, creating three forms of gender bias in NTB women: marginalization, subordination, and stereotypes. The importance of a holistic and inclusive approach in developing policies to prevent child marriage in NTB is highlighted. This article provides insight into increasing policy effectiveness by paying attention to societal norms and attitudes towards gender.
Settlement of Inheritance Disputes in the Perpsketif of Religious Court Decision Number 400/Pdt.G/2022/Pa.Sel Zulkarnain; Aaz Jidatul Haz; Muhammad Maghfurrohman; Nur Hastuti Bima Putri; Khairul Hamim
al-Afkar, Journal For Islamic Studies Vol. 7 No. 3 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i3.1298

Abstract

.  In handling dispute resolution through litigation, judges are required to provide decisions that are as fair as possible for the parties involved in the dispute. He must consider all aspects related to the subject of the dispute so that his decision is truly considered to provide justice. So one of the disciplines that is very important for a judge to help him in making decisions is qawaid al fiqhiyah. In the context of legal determination, fiqh rules play an important role as 'analytical knives' considering the legal problems they face. In case decision Number 400/Pdt.G/2022/PA.Sel, the Selong Religious Court, East Lombok Regency, has won for the defendants regarding the proposed inheritance dispute. In this decision, the judge used two qawaid fiqh as legitimacy for his legal considerations. This research aims to analyze the judge's considerations using fiqh rules and their relevance to the inheritance dispute cases they handle. This research is descriptive-analytic in nature, namely carrying out data analysis by enriching information, looking for relationships, comparing, finding patterns on the basis of original data. then analyze it using the Content Analysis method. The primary data source is decision text Number 400/Pdt.G/2022/PA.Sel, while secondary data was obtained through literature study. The research results show two conclusions. Firstly, the judge uses fiqh rules as a basis for consideration in determining the subject of the dispute, namely whether the heir's assets have been divided or not. Second, the judge's decision was handed down using a scientific approach.
Religious Fatwā and Human Security: Managing Public Health through the Lens of Islamic Jurisprudence in Indonesia and Saudi Arabia Hamim, Khairul; Bin Mujib, Lalu Supriadi; Muhasim, Ahmad
Khazanah Hukum Vol 6, No 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.40478

Abstract

This study examines the authorisation of religion in handling COVID-19 through religious fatwā issued by the Indonesian Ulema Council, popularly known as the Majelis Ulama’ Indonesia (MUI), and the Council of Senior Scholars of Saudi Arabia (CSS). The objectives of this study are threefold: firstly, to analyse the methodological formulation of MUI and CSS fatwā regarding COVID-19 handling; secondly, to identify the factors underlying the issuance of these fatwā; and thirdly, to assess the impact of MUI and CSS fatwā on COVID-19 handling. Using a qualitative descriptive research method and conducting a case study of the MUI and CSS fatwā institutions, it was found that the methodological basis of the MUI and CSS fatwā on COVID-19 includes sources from the Qur’an, hadith, ijmā’ (consensus), and qiyas (analogy), as well as maqāṣīd sharī’ah. Referring to maqāṣīd sharī’ah considerations, two priority dimensions emerge as factors in the issuance of MUI and CSS fatwā: ḥifẓ al-dīn (preservation of religion) and ḥifẓ al-nafs (preservation of life). This study also highlights the significant impact of MUI and CSS fatwā on COVID-19 handling. In this context, fatwā play a role as part of prevention strategies due to their strong theological influence and effective enforcement of policy implementation. This fatwā is especially pertinent given the roles of MUI and CSS, which, from the early stages of the COVID-19 pandemic, have contributed to supporting government policies through the fatwā they issued. However, differences exist. MUI fatwā tend to be recommendations and appeals, often disregarded by the public as they lack legal sanctions for non-compliance. However, fatwā issued by CSS possess absolute authority. This study contributes to a deeper understanding of how religious authorization can support public health policies during a pandemic. Additionally, it offers insights for enhancing the effectiveness of fatwā in the context of future health crises.
The Thoughts and Contributions of Sitti Raihanun in the Development of Islamic Education in West Nusa Tenggara Sopian, Hilmi; Masnun, Masnun; Sainun, Sainun; Hamim, Khairul
Didaktika Religia Vol. 12 No. 2 (2024): December
Publisher : Postgraduate Program, Institut Agama Islam Negeri (IAIN) Kediri, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/didaktika.v12i2.3501

Abstract

This study examines the impact of Sitti Raihanun’s philosophy, life experiences and educational initiatives on the educational landscape in West Nusa Tenggara. The study focuses on three main aspects: firstly, the influence of her upbringing in an Islamic environment and her involvement in the founding of Nahdlatul Wathan by her father, Maulana al-Syaikh TGKH. Secondly, her pioneering role in the advancement of women through the Muslimat Nahdlatul Wathan, which broadened avenues for women’s involvement in Islamic education and organisations. Thirdly, her contributions to the establishment of educational institutions, notably Pondok Pesantren Syaikh Zainuddin NW, which became a pivotal centre for Islamic education. The research employs a historical-qualitative methodology, utilising document analysis and interviews with key informants in the field of Islamic education. The findings demonstrate that Sitti Raihanun was able to successfully establish educational institutions from scratch, including the Pondok Pesantren Syaikh Zainuddin NW in Anjani, which subsequently became a central hub for Nahdlatul Wathan’s activities. As a pioneering female leader, she was able to surmount the societal barriers that existed at the time to become the first woman to head the largest Islamic organisation in West Nusa Tenggara, thereby significantly advancing the role of women in education and leadership.
Ḥifẓ Al-Lisān as Maqāṣid Al-Sharī'ah Al-Ḍarūriyyah (Its Importance and Relevance in the Contemporary Era) Hamim, Khairul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.9139

Abstract

This study examines the urgency and relevance of ḥifẓ al-lisān to be included as a part of al-ḍharūriyyāt from the five main points (al-ḍharūriyyāt al-khams) which have to be maintained and is the main level in the study of maqāṣid al-sharī'ah. The transformation of ḥifẓ al-lisān as maqāṣid al-sharī'ah al-ḍarūriyyah has a pivotal role in today's contemporary era. This study only focus on two important aspects such as how ḥifẓ al-lisān is being used as an important part of maqāṣid al-sharī'ah in the al-ḍharūriyyāt and to what extent the urgency and relevance of ḥifẓ al-lisān as maqāṣid al-sharī'ah in the contemporary era. This study employed inductive analysis as a method of analysis. The sources are books related to maqāṣid al-sharī'ah written by Islamic jurists. The results of this study reveal that ḥifẓ al-lisān is suitable and urgent to be included as a part of maqāṣid al-ḍarūriyyah based on the arguments of aqli and naqli as well as phenomena that occur in the today’s contemporary era. Ḥifẓ al-lisān is necessary to do in terms of harmonizing   life of society, nation and state. However, by ignoring ḥifẓ al-lisān has an impact on the emergence of negative attitudes such as provocation, slander, sarcasm, racism, spreading hoax news, hate speech and others. This negative attitude must be stopped because it certainly creates mafsadat for the community, nation and state.
Peranan Hukum Keluarga Islam Di Indonesia Dalam Mencegah Kekerasan Dalam Rumah Tangga (KDRT) Asrianto, Lalu; Hamim, Khairul; Wathoni, Lalu Muhammad Nurul
Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan Vol. 4 No. 2 (2025)
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/awtjhpsa.v4i2.2872

Abstract

10-60% of married women in various parts of the world have experienced domestic violence, including Indonesia, which is a taboo for society and the government. Therefore, this study will explain the role of family law in dealing with KDRT. The research method used is Qualitative with a Library Study approach by collecting data from various sources, such as laws, journals, articles, and books. Data is analyzed by identifying existing patterns and trends, and presenting findings that are relevant to the topic discussed. The results of this study explain that the role of Islamic family law in preventing domestic violence can be in the form of clarity of the rights and obligations of husband and wife, the age limit for marriage and the existence of a marriage agreement to emphasize the rules that apply in a marriage.
Co-Authors Aaz Jidatul Haz Ahmad Muhasim Asrianto, Lalu Atun Wardatun Azizurrohman, Muhammad Baiq Elbadriati Bima Putri, Nurhastuti Bin Gunardi, Setiyawan Bin Mujib, Lalu Supriadi Dian Mardiana Jidatul Haz, Aaz Khairi, Muazzam Lalu Supriadi Lalu Supriadi Bin Mujib Lalu Supriadi Bin Mujib M. Riadhussyah Maghfurrohman, Muhammad Mas'ud, Riduan Masnun Masnun Mas’ud, Riduan Muhammad Iskandar Muhammad Maghfurrohman Nur Hastuti Bima Putri Qosim, Achmad Nanang Riduan Mas’ud Rodiatan Mardiyah Sainun, Sainun Setiyawan Bin Gunardi Shofia Mauizotun Hasanah Sopian, Hilmi Suaeb, Suaeb Supiandi, Supiandi Wathoni, Lalu Muhammad nurul Zulkarnain Zulkarnain3