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All Journal Jurnal Al-Qardh International Journal Ihya' 'Ulum al-Din HUKMY : Jurnal Hukum HIKMATUNA: Journal for Integrative Islamic Studies Social Impact Journal Hikmatuna Mawaddah: Jurnal Hukum Keluarga Islam Journal of Islamic Law (EJIL)
I Nurol Aen
UIN Sunan Gunung Djati Bandung
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Understanding and Implementation of Islamic Law: Study of the Unrecorded Polygyny Phenomenon in Karawang Regency Kasja Eki Waluyo; Rachmat Syafe’i; I Nurol Aen; Beni Ahmad Saebani
International Journal Ihya' 'Ulum al-Din Vol 26, No 1 (2024)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.26.1.18918

Abstract

The practice of polygamy is still a polemic to this day, with pros and cons both from human rights activists and from polygamy practitioners themselves. This research aims to examine the phenomenon of polygyny in Karawang Regency from the perspective of Islamic law and laws for justice; the social conditions that occur in Karawang further impact family welfare, such as household harmony, economic conditions, early marriage, and even polygamy. Polygamy has increased in Karawang in the form of polygyny. A lack of understanding about fairness in polygynous marriages in Karawang society supports the problems that arise from the occurrence of polygyny. The approach used in this research is an empirical juridical approach, or field research, examining applicable legal provisions and what happens in society. The results of the research show that the understanding of husbands and wives who practice polygyny in Karawang regarding Law No. 1 of 1974 regarding marriage varies, and some need help understanding the law, especially those relating to polygynous marriages. Some need help understanding law no. 1 of 1974, limited public understanding of Law no. 1 1974 concerning marriage is due to a lack of public interest. Also, because socialization regarding this law is uneven, especially regarding polygynous marriages, the public is more interested in using Islamic law.
Urf as the Legitimacy of Contemporary Sharia Economic Transactions Mursid, Fadillah; Tarantang, Jefry; Aen, I. Nurol; Mustofa, Mustofa
AL-QARDH Vol 8 No 1 (2023): AL-QARDH
Publisher : Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Negeri Palangka Raya

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Abstract

This study aims to explore the role of
Social Justice Philanthropy Based on Zakat at the Persatuan Islam Amil Zakat Institution and its Contribution to Covid-19 Pandemic Mitigation in West Java Hurun'in, Siti Zayyini; I Nurol Aen; Ahmad Hasan Ridwan; Badri Khaeruman
Social Impact Journal Vol. 3 No. 1 (2024): Social Impact Journal
Publisher : GoResearch - Research & Publishing House

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61391/sij.v3i1.159

Abstract

The Covid-19 pandemic, which began in 2020, has had various impacts on the socio-economic order, evidenced by declining public income, increasing unemployment, and a decrease in export-import activities, all of which have significantly raised the poverty level in Indonesia. Zakat, as an instrument of Islamic philanthropy aligned with its objectives, should be a solution for public welfare. Through MUI Fatwa No. 23 of 2020, zakat has undergone reinterpretation to reduce its exclusivity, demanding equitable social distribution. This research was conducted in West Java at the Persatuan Islam Amil Zakat Institution (LAZ PERSIS) to analyze: (1) The normative and historical foundations of philanthropy in Islam; (2) Social justice philanthropy activities based on zakat; (3) The contribution of social justice philanthropy based on zakat; and (4) The implications of this contribution for the socio-economic status of the community. The theory used is al-Maqāshid Syari’ah as the grand theory. The middle theory employs social justice philanthropy theory, and the applied theory uses tathbiq theory. This is qualitative research using an empirical juridical approach with a descriptive analysis method. The primary data sources for this research are the management of LAZ Persis and the community recipients of Covid-19 aid in West Java. The research findings include: First, the normative and historical foundations of Islamic philanthropy have existed in the Qur’an and Hadith and have been applied since the time of the Prophet Muhammad (SAW) until today. Second, social justice philanthropy activities based on zakat include (a) Health Assistance, (b) Basic Necessities, (c) Counseling and Advocacy, (d) Capital Assistance. Third, during the three-year pandemic period in West Java, from the WHO declaration on March 11, 2020, until the pandemic status was lifted in Indonesia on June 21, 2023, LAZ PERSIS contributed aid to 435,292 beneficiaries. Fourth, the research implications include theoretical and practical implications. The theoretical implication offers a new concept of “Holistic Integrative Philanthropy,” a form of social justice philanthropy based on zakat that is inclusive, collaborative, and professional. Practically, during the pandemic, LAZ PERSIS helped 79% of respondents maintain their economic conditions and minimize the risk of contracting the Covid-19 virus.
SEJARAH USHUL FIQH QABLA TADWIN: ANALISIS HISTORIS DAN PENGARUHNYA TERHADAP PEMBENTUKAN HUKUM ISLAM Almurni, Muhammad Furqon; Aen, I Nurol; Anwar, Syahrul
HUKMY : Jurnal Hukum Vol. 4 No. 1 (2024): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2024.v4i1.475-490

Abstract

This study aims to explore the evolution of the science of ushul fiqh prior to the written era, opening a new window into the historical and intellectual understanding of this discipline, which is often presumed absent by scholars and students in shari'ah studies. Employing a descriptive analysis methodology, this research delves into the chronological development of ushul fiqh, from its initiation period to the termination of its pre-writing phase. Through an exploration of key events and dating based on historical evidence, this research identifies the inception of ushul fiqh during the migration of Prophet Muhammad SAW from Mecca to Medina. This period, starting from the first year of the Hijrah, is significant as the Quran and Hadith began to explicitly address elements of fiqh, marking the dawn of this discipline's formation. The analysis reveals that the early formation period of ushul fiqh lasted until the beginning of the second century Hijrah, where a critical transition occurred with the commencement of documentation and writing of the science by scholars, albeit in a partial form. The findings of this study not only clarify the historical timeline of ushul fiqh but also highlight the intellectual dynamics contributing to the formal consolidation of this discipline within the shari'ah science canon.
Implementation of Shar'u Man Qablanā in Fatwa of Indonesian Ulama Council Ade Nur Rohim; Mustofa; I Nurol Aen
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.959

Abstract

This study aims to analyze the concept of syar’u man qablanā and its position as a source of Islamic law, examined from various perspectives of fiqh scholars. There are still differences in the various views of fiqh scholars regarding the position of syar’u man qablanāas, a source of Islamic law, particularly as a basis for establishing fatwas. Furthermore, this study also examines the application of syar’u man qablanā as a basis for establishing fatwas by the Indonesian Ulama Council. This used qualitative method, employing a literature review with discourse analysis and adopting a normative research approach through the utilization of the statute and conceptual approaches. This study concludes that the scholars agree that syar’u man qablanā, which is not explained in the Qur'an does not apply to the people of the Prophet Muhammad. As for the syar’u man qablanā which is not mentioned in the Qur'an, the scholars have several views in concluding it. Indonesian Ulama Council has made at least nine verses of the Qur'an containing syar’u man qablanā as a basis for establishing several fatwas, such as fatwas concerning ijarah, syarī’ah card, multiservice financing, kafalah, syarīa factoring, and other fatwas related to the contemporary transactions. This study contributes to strengthening the study of the implementation of syar’u man qablanā as a basis for establishing Islamic law, especially in determining fatwas by contemporary scholars
Optimization Of The Performance Of The Marriage Advisory, Guidance, Preservation Agency (BP4) In Relation To The Divorce Rate In The Bandung High Religious Court (PTA) Area Koidin; Aen, I Nurol; Rasyid, Fauzan Ali; Anwar, Syahrul; Ridwan, Ahmad Hasan
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i1.29

Abstract

This research starts from the fact that shows the high divorce rate in Indonesia, this is evidence of the absence of household harmony that is not sufficient before entering into marriage, so the State is responsible as ordered by law, for the welfare of its people, making their households happy and eternal, that is where the State must be present and act to realize the households of its people happy and prosperous, one of which is by establishing premarital education early on as a concrete step to reduce the high divorce rate in Indonesia. The purpose of this study is to determine and analyze the optimal function of BP4 in tackling the divorce rate, the divorce rate in the PTA Bandung area 2017 to 2022, the function of BP4 in relation to the competence of judges, and BP4's efforts to reduce the divorce rate in the PTA Bandung area. The results of this study indicate that, First, Optimizing the Function of the Marriage Counseling, Guidance, Preservation Agency in relation to the high divorce rate in the Bandung PTA area, including: enhancing and improving the quality of marriage and happy families, preventing underage marriage, preventing unhealthy polygamy, and providing information advice in guidance to those concerned about Nikah, Talak and Rujuk (NTR) issues, especially for broken home households.
ASAS KEPASTIAN HUKUM KEADILAN KEMANFAATAN SERTA PENERAPANNYA DALAM PUTUSAN PENGADILAN TENTANG HAK-HAK ANAK AKIBAT PERCERAIAN Ibrahim, Ahmad Ridho; Aen, I Nurol; Fathonih, Ah.; Najmudin, Nandang
Equality: Journal of Islamic Law (EJIL) Vol. 1 No. 1 (2023): Equality: Journal of Islamic Law (EJIL)
Publisher : Islamic Law Doctoral Study Programme, Postgraduate UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ejil.v1i1.482

Abstract

Abstrak: Penelitian ini bertujuan untuk menganalisis perlindungan dan kepentingan anak yang pada prinsipnya kurang diperhatikan dalam putusan perceraian oleh pengadilan-pengadilan dalam wilayah Pengadilan Tinggi Agama Bengkulu, hal ini disebabkan oleh beberapa faktor seperti kurang perhatian hakim terhadap asas kepastian hukum, keadilan, dan kemanfaatan, serta kurangnya pemahaman hakim terhadap prinsip-prinsip hukum Islam, seperti maqāsid syarī’ah dan maslahah. Penelitian ini termasuk jenis penelitian kualitatif dengan fokus pada pendekatan yuridis empiris, adapun metode penelitian yang digunakan adalah bersifat deskriptif analisis dengan memberikan deskripsi dan analisis secara menyeluruh mengenai 9 putusan tentang gugat cerai yang melibatkan anak di wilayah hukum Pengadilan Tinggi Agama Bengkulu. Hasil dari penelitian ini menunjukkan bahwa hakim cenderung lebih memperhatikan kepastian dan keadilan ketimbang kemanfaatan dalam konteks kepentingan anak. Hal ini terlihat dari kurangnya perhatian hakim terhadap gugatan subsidier yang berkaitan dengan kepentingan anak, sementara hanya memutuskan gugatan primer (gugatan talak). Abstract: This study aims to analyze the protection and interests of children which in principle are less considered in divorce decisions by courts within the Bengkulu High Religious Court area, this is due to several factors such as the judge's lack of attention to the principles of legal certainty, justice, and expediency, as well as the judge's lack of understanding of the principles of Islamic law, such as maqāsid syarī'ah and maslahah. This research is a type of qualitative research with a focus on empirical juridical approaches, while the research method used is descriptive analysis by providing a thorough description and analysis of 9 rulings regarding divorce lawsuits involving children in the jurisdiction of the Bengkulu High Court of Religion. The results of this study show that judges tend to pay more attention to certainty and justice than expediency in the context of children's interests. This can be seen from the judge's lack of attention to subsidiary claims related to the interests of children, while only deciding the primary lawsuit (talaq lawsuit)
Implementation of Shar'u Man Qablanā in Fatwa of Indonesian Ulama Council Ade Nur Rohim; Mustofa; I Nurol Aen
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.959

Abstract

This study aims to analyze the concept of syar’u man qablanā and its position as a source of Islamic law, examined from various perspectives of fiqh scholars. There are still differences in the various views of fiqh scholars regarding the position of syar’u man qablanāas, a source of Islamic law, particularly as a basis for establishing fatwas. Furthermore, this study also examines the application of syar’u man qablanā as a basis for establishing fatwas by the Indonesian Ulama Council. This used qualitative method, employing a literature review with discourse analysis and adopting a normative research approach through the utilization of the statute and conceptual approaches. This study concludes that the scholars agree that syar’u man qablanā, which is not explained in the Qur'an does not apply to the people of the Prophet Muhammad. As for the syar’u man qablanā which is not mentioned in the Qur'an, the scholars have several views in concluding it. Indonesian Ulama Council has made at least nine verses of the Qur'an containing syar’u man qablanā as a basis for establishing several fatwas, such as fatwas concerning ijarah, syarī’ah card, multiservice financing, kafalah, syarīa factoring, and other fatwas related to the contemporary transactions. This study contributes to strengthening the study of the implementation of syar’u man qablanā as a basis for establishing Islamic law, especially in determining fatwas by contemporary scholars
Understanding and Implementation of Islamic Law: Study of the Unrecorded Polygyny Phenomenon in Karawang Regency Waluyo, Kasja Eki; Syafe’i, Rachmat; Aen, I Nurol; Saebani, Beni Ahmad
International Journal Ihya' 'Ulum al-Din Vol. 26 No. 1 (2024)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.26.1.18918

Abstract

The practice of polygamy is still a polemic to this day, with pros and cons both from human rights activists and from polygamy practitioners themselves. This research aims to examine the phenomenon of polygyny in Karawang Regency from the perspective of Islamic law and laws for justice; the social conditions that occur in Karawang further impact family welfare, such as household harmony, economic conditions, early marriage, and even polygamy. Polygamy has increased in Karawang in the form of polygyny. A lack of understanding about fairness in polygynous marriages in Karawang society supports the problems that arise from the occurrence of polygyny. The approach used in this research is an empirical juridical approach, or field research, examining applicable legal provisions and what happens in society. The results of the research show that the understanding of husbands and wives who practice polygyny in Karawang regarding Law No. 1 of 1974 regarding marriage varies, and some need help understanding the law, especially those relating to polygynous marriages. Some need help understanding law no. 1 of 1974, limited public understanding of Law no. 1 1974 concerning marriage is due to a lack of public interest. Also, because socialization regarding this law is uneven, especially regarding polygynous marriages, the public is more interested in using Islamic law.
Co-Authors Ade Nur Rohim Ahmad Fathonih, Ahmad Almurni, Muhammad Furqon Fauzan Ali Rasyid Hurun'in, Siti Zayyini Ibrahim, Ahmad Ridho Jefry Tarantang Kasja Eki Waluyo Khaeruman, Badri Koidin mursid, fadillah Mustofa Mustofa Nandang Najmudin Nurwijayanti Rachmat Syafe’i Ridwan, Ahmad Hasan Saebani, Beni Ahmad Syafe’i, Rachmat Waluyo, Kasja Eki