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All Journal Jurnal Interpretasi Hukum
Nida Rafiqa Izzati
Universitas Islam Negeri Raden Intan Lampung
Law, Crime, Criminology & Criminal Justice

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Analisis Politik Hukum dalam Undang-Undang Penyelenggaraan Haji di Indonesia Nida Rafiqa Izzati; Opia Tatarisanto; Mafaza Rohadatul Aisy; Luthfi Nur Azizah
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10033.1024-1033

Abstract

Hajj is one of the obligations for every Muslim who is mature and capable of performing it. Therefore, regulations regarding the organization of Hajj in a region are intriguing to discuss. The purpose of this article is to identify the definition of legal politics and Hajj, inform the history of the development of regulations on Hajj organization in Indonesia, and analyze legal politics within these laws. This research employs a normative juridical research method using legislative approaches, conceptual approaches, and historical approaches. The findings of this article indicate that from a legal-political perspective, Law No. 13 of 2008 concerning the Implementation of Hajj and Law No. 34/2014 concerning Hajj Financial Management are considered to ensure legal certainty for prospective Hajj pilgrims. Despite concerns regarding Article 30 paragraph (1) of the law causing legal uncertainty due to the continued practice of KBIH (Hajj Organizing Agencies) charging additional fees, the government argues that according to Article 29 paragraphs (1) and (2), Hajj guidance should be provided without charge to pilgrims. The latest law addressing this issue is Law No. 8 of 2019, which states that Hajj is the fifth pillar of Islam mandatory for every capable Muslim, as also guaranteed in the 1945 Constitution. Improvements in the organization of Hajj and Umrah should not only focus on improving the quality of service to pilgrims but also address all aspects involved in the organization of Hajj and Umrah.
KONSTRUKSI PEMIKIRAN YUSUF AL-QARDHAWI DALAM PEMBARUAN HUKUM KELUARGA ISLAM Nida Rafiqa Izzati; Bagus Kusumo Hadi; Taufik Pajar Pebriansyah; M Fadhil Azzam Arfa; Arroyan Na'im
Jurnal Interpretasi Hukum Vol. 5 No. 3 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.3.10608.1193-1206

Abstract

In the last few decades, the Islamic world has experienced profound changes, including Islamic Law. One of the figures who tried to build a construction of thought to reform Islamic law was Shaykh Yusuf Al-Qardhawi. So this article aims to review in depth the background, thoughts, methods, principles, and relevance of Qardhawi's thoughts on Islamic family law. Writing this article applies the literature review method by collecting qualitative data found from various relevant written sources. From this research, it was found that Qardhawi had progressive thinking, especially in the context of Islamic law. He emphasized inclusiveness, adaptation to changing times, and remaining loyal to the basic principles of Islamic teachings. Like his legal istinbath method, Qardhawi developed a method that can accommodate changing times and community needs, such as; Ijtihad intiqa'i, ijtihad insha'i, and ijtihad intiqa'i insha'i. Meanwhile, regarding the principles of reading Islamic law, Qardhawi has concepts such as being moderate, free from taqlid and fanaticism towards a school of thought, providing convenience, expressing opinions in language that is easy to understand, and refusing to discuss useless issues. Before his legacy, he had also produced works covering contemporary issues, including books entitled Priority Fiqh, Zakat Fiqh, and others. His thoughts have big implications for the development of Islamic family law, among Qardhawi's thoughts related to Islamic Family Law in Indonesia is the ability to have family planning (KB).  
Teknologi Three-Parent Baby dan Implikasinya terhadap Nasab Perspektif Sadd adz-Dzari’ah Nida Rafiqa Izzati; N. Nurnazli; Abdul Qodir Zaelani; M. Natsir Asnawi; Rezkia Zahara Lubis
Jurnal Interpretasi Hukum Vol. 6 No. 1 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.1.11831.97-107

Abstract

The Three-Parent Baby Technology (TPBT) is a medical innovation aimed at preventing the hereditary transmission of mitochondrial disorders by combining genetic material from two women and one man. While offering a health solution, this technology raises significant issues in Islamic law, particularly regarding lineage clarity (nasab). This study addresses three main focuses: first, the concept and development of TPBT in medical science; second, the principle of sadd adz-dzari’ah as a method of legal determination in Islam; and third, the analysis of TPBT from the sadd adz-dzari’ah perspective and its implications for lineage in Islamic family law. Employing a qualitative approach through library research, this study draws from primary and secondary sources in Islamic legal discourse. The findings indicate that while TPBT is clinically effective, it remains uncertain in terms of long-term safety. In Islamic law, sadd adz-dzari’ah functions as a legal method that prevents harm by closing avenues leading to potential damage (mafsadat). From this perspective, TPBT risks obscuring lineage, violating Sharia principles of reproduction, posing long-term health risks (for both the woman undergoing the procedure and the resulting child), exploiting women, enabling genetic engineering abuse, and conflicting with the concept of qadha and qadar. Based on its inherent potential for harm, TPBT falls into the category of acts that are intrinsically prohibited due to their destructive nature. Scholars agree that such actions must be prevented. Therefore, through the lens of sadd adz-dzari’ah, TPBT is assessed as causing more harm than benefit and is deemed inappropriate for implementation in Islamic family law.
Co-Authors Abdul Qodir Zaelani Arroyan Na'im Bagus Kusumo Hadi Luthfi Nur Azizah M Fadhil Azzam Arfa M. Natsir Asnawi Mafaza Rohadatul Aisy N. Nurnazli Opia Tatarisanto Rezkia Zahara Lubis Taufik Pajar Pebriansyah