Ahkam: Jurnal Hukum Islam
AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan mu’amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.
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<![CDATA[IMPLEMENTASI NEO VISIBILITAS HILAL MABIMS DI INDONESIA ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.1-24
<![CDATA[ABSTRACT This paper focuses on discussing how theimplementation of Neo Visibility Hilal MABIMS inIndonesia when it is in a system that applies in acountry that also has its own method of determiningthe beginning of the month of Qamariyah. Thisresearch data is sourced from data on how theimplementation of Neo Visibility Hilal MABIMS inIndonesia is also enriched with several previousresearch results related to this reality. The resultsshow that since 1972, the Ministry of Religious Affairshas established the Hisab Rukyat Agency (BHR), whichis in charge of conducting hisab and rukyatul hilal todetermine the beginning of the month of Qamariyah,especially for religious days. The beginning of themonth is marked by the appearance of the hilal abovethe horizon, but this limit on the height of the hilalgives birth to differences of opinion. The Indonesiangovernment sets the standards and criteria for settingthe beginning of the month with imkanur rukyat. TheImkanur rukyat is the minimum limit of visible hilal.This is because the position of the hilal variesdepending on the matlak Keywords: MABIMS, Neo Visibility Hilal, ImkanurRukyat, Beginning of the Month ofQomariyah]]>
<![CDATA[POLEMIK PELAKSANAAN SHOLAT BERJAMA’AH BERJARAK DIMASA PANDEMI COVID-19 ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.271-296
<![CDATA[At the end of 2019 there was the discovery of a new virus that was considered deadly and became a new threat to the world. This virus was first discovered in Wuhan City, Hubei Province, China. WHO (World Health Organization or World Health Organization) on January 30, 2020 announced that the world was currently experiencing a health emergency. The purpose of this study was to find out the legal review related to spacing the rows when performing congregational prayers which is one way to prevent the spread of the Covid-19 Virus. The research method used in this study is a qualitative method with the type of library research (Libraray Research). The sources used in this research are journal articles, fiqh books, news and websites related to the topic of this research. After collecting sources and data, the author analyzes and describes them to arrive at conclusions from discussing the topics in this article. The results of this study are that if in a state of necessity, it is permissible to give the rows a distance, the prayer is valid and does not lose the virtue of praying in congregation. In this case, the forced situation is the Covid-19 pandemic which can spread quickly if people are close to each other. Keywords: Congregational Prayer, Covid-19, PSBB, MUI Fatwa]]>
<![CDATA[USHUL IKHTILAF DALAM PERSOALAN IJTIHADIYYAH PERSPEKTIF IBNU TAIMIYAH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.251-270
<![CDATA[Ikhtilaf in every ummah is a certainty and a blessing for the Muslims. This reality has existed since the best era in the journey of the Islamic Ummah, namely when the period of Prophet and his Blessed-Companions. Ibnu Taimiyah is one of the Islamic thinkers who has many followers as well as opponents in the history of Islamic thought. He has also contributed a lot and concerned about the issue of Ushul Ikhtilaf. This study discusses Usul Ikhtilaf in the view of Ibn Taimiyah and understands his thoughts related to the basic principles of differing opinions. This research is descriptive qualitative. Meanwhile, the data was generated through library research on the works of Ibn Taimiyah, especially the book Majmu' fatawa. This study shows that Ibn Taimiyah has clear principles in addressing differences of opinion on Ijtihadiyah issues. Data collection techniques from this material are carried out thematically. Furthermore, in analyzing the data used content analysis method. This research shows that Ibn Taimiyah has clear and comprehensive principles in dealing with differences of opinion on Ijtihadiyah issues. These principles include 1). Not denying the issue of ijtihadiyyah; 2). It is not permissible to force the results of ijtihad to be followed; 3). It is not justified to boycott fellow Muslims because of different opinion choices; 4). There should be no denial between fellow muqallids; and 5). It is not permissible to disbelieve fellow Muslims just because of mistakes in ijtihad and ta'wil.]]>
<![CDATA[SANKSI DALAM PERSPEKTIF FIKIH, PENDIDIKAN DAN PSIKOLOGI ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
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DOI: 10.21274/ahkam.2022.10.2.297-326
<![CDATA[This study examines sanctions from the perspective of fiqh, education and psychology. The problem is that not all sanctions can have a deterrent effect on perpetrators of crime, and some perpetrators of criminal acts repeat the mistakes they have made. On the other hand, sanctions are seen as a form of retaliation for crimes committed. From these problems, the question arises of how to integratively review both the fiqh, educational, and psychological perspectives on sanctions. This research is a library research. Research materials were obtained through books and journals related to sanctions from a fiqh, educational and psychological perspective. After the collected data is processed by reviewing the existing materials based on the discussion studied and analyzed in a descriptive way. The results of the study found that in the perspective of fiqh there are three kinds of sanctions, namely qisas, hudud and ta'zir. According to an educational perspective, the imposition of sanctions is adjusted to the severity of the violation so that the perpetrator does not repeat the same action. Meanwhile, from a psychological perspective, prior to imposing sanctions, it is necessary to first seek clarification on the psychological condition of the perpetrator, victim and witness so that law enforcement officials can make the right decision.]]>
<![CDATA[PENETAPAN HARGA PADA TRANSAKSI JUAL BELI ANTARA PENGRAJIN JAMPEL DENGAN PENGEPUL ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.327-344
<![CDATA[In this article, we try to analyze the concept of price fixing in Islam which actually has the aim of giving birth to benefits in every transaction. Pricing is also useful to cut imbalances that occur in the market. In Islam itself, the concept of price fixing has a principle, namely by considering the needs of the transaction actors so that there are no disputes. However, if there is an action approaching or even an act of zhulm (a disgraceful act) even an act that causes injustice, the government also has a hand in helping to combat the imbalance by fixing prices and looking at the factors that cause imbalances, then setting prices. so that balance is reborn. Based on the pre-study that has been found by researchers, there is a partnership transaction between jampel craftsmen and collectors, precisely in Tulungagung district which according to researchers, regarding the price fixing that has been set by collectors is the price with the minimum profit earned by jampel craftsmen. The purpose of this research is to find out whether the transaction process carried out by jampel craftsmen and collectors is in accordance with the concept of pricing in Islam. The research method used is conducting a case study by observing the transaction process carried out by jampel craftsmen with collectors and understanding the pricing factors set by collectors to jampel craftsmen and analyzing using theories of pricing concepts in Islam. The results of this study are an imbalance that occurs related to the prices that have been determined by the collectors, hereby, based on the concept of pricing in Islam, the collectors do not realize the benefits in the transaction process they do together with jampel craftsmen.]]>
<![CDATA[HUKUM MENJAMAK SHALAT SAAT TAMPIL PADA KARNAVAL ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.345-364
<![CDATA[Plural prayer is one of the reliefs for Muslims who find it difficult to carry out prayer times on time. In contrast to the time of the Prophet, in this era there are many increasingly complex conditions that make it difficult to perform prayers on time. Scholars differ on the category of difficulty or the reasons for the permissibility of plural prayers in the conditions of today. One of these conditions is performing at the carnival. It is very possible for carnival participants praying not on time due to several reasons, example thick makeup that does not allow ablution, complicated traditional clothing so that they cannot wear the mukena, and so on. This study aims to explain the meaning of plural prayer, the meaning of carnival, the law of carnival in the view of Islam, and the law of plural prayer when performing a carnival. The research method used is qualitative with a literature approach especially according to classical scholars. Using data analysis techniques and then described descriptively with relevant data sources. The results of the study explain that carnival cannot be a reason for someone to pray multiple prayers because carnival is only an entertainment, not a necessity.]]>
<![CDATA[AL- NILAI AL-MA'RŪF DALAM AL-QUR’AN TENTANG PERCERAIAN ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.433-460
<![CDATA[Al-Ma'rÅ«f value is a fundamental principle in marriage. Besides, this principle must be also applied in divorce proceeding. This article aims to describe comprehensively about al-ma'rÅ«f in al-Qur'an, therefore the value of the word can be found. This research uses library research that uses a normative approach. This article is analyzed by using al-munÄsabah al-Qur'an theory. This article reveals, there are 10 verses in al-Qur'an containing al-ma'rÅ«f value in theme verses of divorce. These repeated words indicate that al-Qur'an pays attention of al-ma'rÅ«f value seriously in divorce proceeding. This value is sometimes neglected by the husband who divorced her. The outline of this article is, al-ma'rÅ«f value is a treatment that include in frame of Islamic guidance, common senses, compatible with attitude of virtuous people, and appropriate with custom. Al-Ma'rÅ«f value is Islamic guarantee and protection for women, who often get injustice and arbitary. Therefore, it can be concluded that Islam is very much fighting for women's rights, especially in divorce proceeding.]]>
<![CDATA[DISTRIBUSI HARTA PUSAKA DALAM TRADISI PRENGKENIN PADA MASYARAKAT MUSLIM DESA BAGIK PAYUNG TIMUR NUSA TENGGARA BARAT ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.401-432
<![CDATA[The distribution of inheritance through the Prengkenin custom is the appointment or attribution of certain assets to heirs by parents that will be owned immediately or after the parents die. The distribution of inheritance through prengkenin produces two patterns, a) grants, the appointment of certain assets that can be owned immediately, and b) wills, assets that will be owned after the parents die. The share of each heir is determined regarding to an agreement of them witnessed by traditional leaders with the aims patuh-patuh, bagus-bagus, solah-solah (getting along with other heirs) and pacu-pacu (maintaining politeness). Those can describes tolerance and mutual respect to others. The share between men and women use the principle of “mama memonggok, nina nyenyion†(men shouldering, women carrying). It describes the role of them that will then affect the number of their share. Meanwhile, the reasons for the BPT Village Community to distribute inheritance through prengkenin are, a) avoiding heirs conflicts in the future. b) distributive justice c) dissatisfaction on the traditional fiqh of inheritance system.]]>
<![CDATA[PERSINGGUNGAN HUKUM ISLAM DAN HUKUM ADAT PADA NASKAH UNDANG-UNDANG SULTAN ADAM KERAJAAN BANJAR ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022 ]]>
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DOI: 10.21274/ahkam.2022.10.2.365-400
<![CDATA[This paper attempts to analyze the point of intersection of Islamic Law and Customary Law in the Manuscript of the Sultan Adam Act (UUSA) of the Kingdom of Banjar. How do scholars take advantage of one of the characteristics of Islamic law, namely the ability to adapt (legal adaptability) to other laws, supported by one rule from the five major principles in the science of ushul fiqh, namely al-'adah al-muhakkamah which means that customs can be used as a legal basis . Then Ibn al-Qayyim also introduced the rule of taghayyur al-fatwa bi taghayyur al-azminah, which means changes to fatwas due to changes in time, further strengthening the flexibility of Islamic law. This research uses the method of library research or library research, with descriptive analytic. By taking examples of cases from several sections of the Sultan Adam Law, it is found that the meeting between Islamic law and customary law can be seen in these laws filling each other, complementing each other and not giving the impression of tension.]]>
