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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah AL ISNAD: Journal of Indonesian Hadith Studies
Tajul Arifin
UIN Sunan Gunung Djati Bandung, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum terhadap Pelaku Ekonomi; Relevansi Pasal 8 The Universal Declaration of Human Rights dan Hukum Islam Muhammad Ilham Pratama; Tajul Arifin; Ine Fauziah
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 10 No 2 (2025): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i2.10897

Abstract

This study aims to analyze the relevance between Article 8 of the Universal Declaration of Human Rights (UDHR) and the principles of Islamic law in ensuring legal protection for economic actors, as well as to identify points of convergence that can strengthen the national economic legal system to make it more just and humanistic. This article is categorized as library research using a qualitative approach. The methodology applied is a normative-juridical study. Primary data were obtained from the official texts of the UDHR, the Qur’an, Hadith, and literature on fiqh muamalah, while secondary data were derived from books, scholarly journals, and relevant legislation. The findings indicate a substantial alignment between the principle of effective remedy in Article 8 of the UDHR and the values of justice in Islamic law. Both emphasize the state’s responsibility to ensure effective, transparent, and equitable legal protection for every economic actor. Therefore, harmonizing international human rights norms with Islamic law becomes an essential step in realizing a legal protection system that is not merely legalistic but also grounded in universal morality and humanity.
PEREMPUAN DALAM PERSPEKTIF HADIS : Keseimbangan Antara Ibadah, Akhlak, dan Hak Sosial U. Saifuddin ASM; Ali Masrur; Tajul Arifin; Ulvah Nur’aeni
AL ISNAD: Journal of Indonesian Hadith Studies Vol. 6 No. 2 (2025): AL-ISNAD: Journal of Indonesian Hadith Studies
Publisher : LPPM Institut Daarul Qur'an Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51875/alisnad.v6i2.730

Abstract

This study analyzes a hadith of the Prophet Muhammad ﷺ narrated by Abu Hurairah, which discusses two women with contrasting levels of ritual devotion and social behavior. The hadith serves as a crucial foundation for understanding the interrelation between ritual worship and social ethics, particularly in the context of neighborly rights (ḥuqūq al-jār) and the ethical conduct of women in Islamic society. Employing an interdisciplinary approach that integrates matn criticism, hadith commentary (sharḥ), and social-gender analysis based on the TA11 framework (comprising Tamhid, Tautsiq, Takhrij, Tanasub with the Qur’an and other hadiths, Tarikh, Tarjamah Mufradat, Tahlil Sharḥ, Ta’wil, and Tathbiq), this research reveals that piety in Islam is not solely measured by the quantity of ritual acts, but more importantly by the quality of ethical behavior in social life. The hadith affirms that a woman who was diligent in worship yet harmed her neighbors is destined for Hell, whereas another woman with fewer ritual practices but who maintained good social relations is promised Paradise. These findings emphasize the importance of a prophetic model of social piety grounded in empathy, social responsibility, and ethical communication. The study contributes significantly to rethinking the construct of Muslim women's piety in contemporary society.
Justice, Certainty, and Legal Benefit in the Decision of the Bengkulu Religious High Court on Child Living Expenses after Divorce Happy Pian; Beni Ahmad Saebani; Oyo Sunaryo Mukhlas; Tajul Arifin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5672

Abstract

Due to parental divorce, children become victims and require the husband as the father to pay for the child's living expenses until they are independent. However, the amount of living expenses is not regulated by law and there are no legal sanctions if the father violates the decision. This often harms the mother and child who have custody. This study aims to analyze: (1) Considerations of the Religious Court in determining the child's living expenses after divorce; (2) Implications of the Religious Court Decision regarding the child's living expenses; (3) Legal efforts of the wife against the ex-husband who does not comply with the decision; (4) Clarity and justice of the law in decisions regarding the child's living expenses. The theories used include the theory of legal benefit from Imam Al-Ghazali and the theory of legal principles from Gustav Radbruch. This study is qualitative with a descriptive analysis method, using data from the contents of the Religious Court decision. Data were obtained through observation, interviews, documentation, and content analysis. The results of the study show: (1) Variation in the amount of the child's living expenses; (2) Many violations of the father's actions in fulfilling the cost obligations; (3) Legal efforts taken by the wife; (4) The decision must regulate more property guarantees to facilitate the implementation of the child's living expenses. Legal development is needed regarding clauses in decisions and statutory regulations.
Co-Authors Ali Masrur Beni Ahmad Saebani Happy Pian Ine Fauziah Muhammad Ilham Pratama Oyo Sunaryo Mukhlas U. Saifuddin ASM Ulvah Nur’aeni