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All Journal Jurnal Akta Al-Adillah : Jurnal Hukum Islam Al-Istinbath: Jurnal Hukum Islam Journal Of Law Sciences (Legisci) YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Multidiscience: Journal of Multidisciplinary Science
Adang Djumhur Salikin, Adang Djumhur
Fakultas Syariah dan EKonomi Islam IAIN Syekh Nurjati Cirebon
Religion Computer Science & IT Economics, Econometrics & Finance Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Implementasi Wasiat Wajibah untuk Ahli Waris Non Muslim Ditinjau dari Hak Asasi Manusia: Studi Analisis Putusan Nomor: 990/Pdt.P/2022/PA.Cms Khapni, Mukhammad; Salikin, Adang Djumhur; S, Sugianto
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 2 (2023): Kompilasi Hukum Islam dan Fikih
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i2.661

Abstract

Hukum kewarisan Islam menjadikan perbedaan agama menjadi penghalang terjadinya kewarisan, namun pada praktiknya terdapat putusan PA Ciamis Nomor 990/Pdt.P/2022/PA.Cms yang memberikan bagian harta dari pewaris muslim kepada ahli waris non muslim melalui wasiat wajibah. Putusan tersebut terkesan bertentangan dengan ketentuan hukum kewarisan Islam di mana ketika seorang pewaris dan ahli warisnya berbeda agama maka perbedaan agama tersebut menjadi penyebab tidak saling mewarisi antara keduanya. Di lain pihak seseorang memiliki hak yang melekat pada dirinya yaitu hak asasi manusia di mana setiap orang bebas memeluk agama dan beribadah menurut agamanya, dan setiap orang, tanpa diskriminasi, berhak untuk memperoleh keadilan. Penelitian ini mengkaji bagaimana implementasi wasiat wajibah untuk ahli waris non muslim dalam Putusan PA Ciamis Nomor 990/Pdt.P/2022/PA.Cms tentang penetapan ahli waris non muslim sebagai penerima wasiat wajibah, serta bagaimana tinjauan HAM terhadap penerapan wasiat wajibah sebagai sarana hukum penyelesaian sengketa kewarisan beda agama.
An Analysis of the Ijtihad and Thought of Abdullah Ahmed An-Na'im Rosyadi, Ahmad; Salikin, Adang Djumhur
Multidiscience : Journal of Multidisciplinary Science Vol. 2 No. 1 (2025): January
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/multidiscience.v2i1.215

Abstract

As a mechanism for renewing Islamic law, Ijtihad becomes crucial in facing contemporary challenges. Abdullah Ahmed An-Na'im offers a progressive perspective on ijtihad, especially in the context of Islamic law reform and human rights. This research aims to analyze An-Na'im's model of ijtihad to understand his approach and its implications for contemporary Islamic law. The research method used is library research by analyzing An-Na'im's works, including books and journal articles, and secondary sources that discuss his thoughts. The data were analyzed descriptively and critically to reveal An-Na'im's method of ijtihad, its theological basis, and its relevance to modern Islamic law. The results show that An-Na'im's ijtihad is rooted in the methodology of evolutionary renewal, inspired by Mahmoud Muhammad Taha's theory of naskh. An-Na'im emphasizes the reinterpretation of Meccan period verses of the Qur'an, which are considered more universal and in line with human rights values. His approach encourages critical reflection on traditional sharia and emphasizes the principles of equality, freedom of religion, and tolerance. An-Na'im also adopts a hermeneutical and anthropological approach to interpreting the Qur'an, emphasizing the dynamic relationship between scripture, Islamic tradition, and human experience. According to him, the transformation of sharia must be open, adaptive, and inclusive of socio-cultural changes and the global environment.
Analisis Pasangan Capres dan Cawapres pada Pemilu 2024 Perspektif Maqashid al-Syari’ah Najib, Afifun Najib; Salikin, Adang Djumhur; Najib, Agus M
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.673

Abstract

This study analyzes the presidential and vice presidential candidate pairs in the 2024 election using the Maqashid al-Syari'ah approach. This research is classified as normative-explanatory research, namely studying, explaining, and explaining descriptively qualitatively with a textual and actualist approach. Research data were obtained through a literature study of the vision and mission of each candidate and their track record. The analysis was carried out by examining the vision and mission of each candidate. The research findings show that the presidential and vice presidential candidate pairs in the 2024 election from the Maqashid al-Syari'ah perspective can be analyzed from their textual and actualist approaches. Based on the textual perspective, the vision and mission of the presidential and vice presidential candidate pairs are a benchmark that can be used as a guideline for channeling the voting rights of each voter. Meanwhile, the actualist perspective states that the track record and experience of each presidential and vice presidential candidate pair are the leverage of each electability. In conclusion, the vision and mission of the presidential and vice presidential candidate pairs in the 2024 election from the perspective of Maqashid al-Syariah is a tool to measure the level of welfare and benefits for Indonesian citizens.
Transformation and Sustainability of Livelihoods in Muslim Families Yasin, Ahmad Alamuddin; Salikin, Adang Djumhur; Jaelani, Aan; Setyawan, Edy
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6722

Abstract

From the perspective of classical scholars, the only things that constitute a livelihood are clothes, food, and lodging. According to traditional scholars, the husband is not responsible for taking care of the family's health, education, or any essential needs except clothing, food, and shelter. Wives frequently demand goods that are not even primary needs, which causes complications. The implementation of a living is not in accordance with the notions of classical fiqh since of course how individuals see how to provide for themselves has changed through time. The implementation of maintenance in Islamic families in Indonesia and the causes that cause different maintenance implementations will be the main topics of this study. Therefore, this study aims to analyze the transformation of livelihood in Muslim families. Multiple case studies, also known as collective case studies, are used in this study. Primary and secondary data sources were used to gather the data. Data reduction, data presentation, and data verification were used in the data analysis process. According to the study's findings, although life was once thought of as a gift a husband gave to his wife and only addressed a few basic necessities, it is no longer the same. The findings of this study offer a notion of five changes in livelihood. Specifically, transformation and continuation of the definition of subsistence, transformation and continuation of subsistence customs, transformation and continuation of subsistence forms, and transformation and continuation of subsistence processes.
The Urgency of Harmonizing Civil Inheritance Law with Digital Assets in the Indonesian Legal System Ali, Nur; Salikin, Adang Djumhur; Kosim, Kosim
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.47286

Abstract

The development of digital technology has given rise to new types of non-physical wealth, such as cryptocurrency, e-wallets, social media accounts, and digital intellectual property. However, Indonesia's civil inheritance law system, which is based on the Burgerlijk Wetboek (Civil Code), does not explicitly regulate the status and mechanism of inheritance of such digital assets. The absence of specific regulations creates legal issues for heirs, ranging from difficulties in identification to obstacles in accessing the digital assets of the deceased. This study employs a normative and comparative legal approach by analyzing national legislation, inheritance practices in several countries such as the United States (RUFADAA), and theories of legal harmonization. The results of the study indicate that, conceptually, digital assets meet the criteria as legal objects that can be inherited because they have economic value and transferable ownership. However, the absence of explicit regulations in national law makes digital assets vulnerable to loss or improper distribution. Therefore, legal harmonization is an inevitability. Legal harmonization of inheritance regarding digital assets can be achieved through three main schemes. First, integrating digital assets into the list of inherited assets by explicitly including them in a will (testamentaire beschikking) or statement of assets. Second, establishing a mechanism for identifying and distributing digital assets involving notaries as legal actors and developing a national digital data system. Third, the formulation of technical regulations that grant legal access to heirs to the deceased's digital accounts and cryptocurrency wallets, accompanied by cross-border enforcement cooperation with global digital service providers. These three schemes are based on the principles of volledigheid van de nalatenschap, gerechtigheid (justice), and rechtszekerheid in Dutch law, and are in line with Nonet and Selznick's theory of responsive law, which encourages the adaptation of law to social and technological dynamics. The comprehensive reformulation of inheritance law provisions in the Civil Code is a strategic step in ensuring legal protection for heirs and addressing the challenges of digital inheritance in the information society era.
Isbat Nikah Over Siri Marriage In Indonesia Hamid, Sarana Abdul; Salikin, Adang Djumhur
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.979

Abstract

Background. Serial marriage is a socio-religious phenomenon that continues to take place in Indonesian society. Although it is legally recognized, this marriage has no legal force because it is not recorded with the state administration. This raises legal problems, especially regarding the protection of the rights of wives, children, and family members, as well as family legal status. Isbat nikah, as a legal instrument available in the Compilation of Islamic Law and Supreme Court Regulations, is a formal solution to provide legal certainty for serial marriage. However, the practice of its application in court still faces various obstacles, both from a juridical and a sociological perspective, as well as from a substantive justice perspective. Purpose. This study aims to reconstruct the position of isbat nikah over serial marriage with a normative-juridical and sociological approach. Method. This article uses normative legal research methods with the following approaches: Legislation, examining Law No. 1/1974, KHI, Law No. 7/1989 jo. Law No. 50/2009 on Religious Courts, with the study topic: Conceptual, discussing the views of fuqaha on marriage and registration. A legal comparison, reviewing the practice of legalizing marriage in several Muslim countries. Maqāṣid al-syarī'ah assesses the suitability of isbat nikah with the principles of protection of religion, soul, descent, property, and honor. Conclusion. The results of the study show the need for legal reform through the reinterpretation of norms, harmonization of regulations, and the strengthening of the principles of justice and family protection, so that isbat nikah is not only a formal legalization but also an instrument for protecting family rights.
Legal Protection of Restaurant Franchise Brands, in the Perspective of Trademark Law and Islamic Law Wasiska, Asti; Salikin, Adang Djumhur
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.981

Abstract

Background. Legal protection of restaurant franchise brands has a high urgency in the context of modern business developments in Indonesia. Trademarks, as legal and commercial identities, not only serve as differentiators but also as instruments that determine a business's sustainability and reputation. However, in practice, there are many trademark infringements in the form of imitation, unauthorized use, and manipulation that is detrimental to the original brand owner. Purpose. This study aims to examine the legal protection of restaurant franchise brands in the perspective of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, as well as from the standpoint of Islamic law that emphasizes the protection of property (ḥifẓ al-māl), justice, and the prohibition of fraudulent practices (tadlīs). Method. The research method used is a normative juridical approach, with a legislative, conceptual, and maqāṣid al-syarī'ah perspective. Result. The results of the study show that legal protection in the Trademark Law has provided a strong normative basis, but its enforcement practices still face challenges. Conclusion. From the perspective of Islamic law, the protection of restaurant franchise brands is well-founded because it aligns with the principles of safeguarding ownership rights, preventing tyranny, and supporting the sustainability of halal businesses. Implementation. The integration between positive law and Islamic law is vital to strengthen the protection of restaurant franchise brands in order to create legal justice and certainty of doing business.
Co-Authors Aan Jaelani Ahmad Rosyadi Edy Setyawan Hamid, Sarana Abdul Khapni, Mukhammad Kosim Kosim Najib, Afifun Najib Najib, Agus M Nur Ali Sugianto s Wasiska, Asti Yasin, Ahmad Alamuddin