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INDONESIA
Ahkam: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung
ISSN : 23031905     EISSN : 25491075     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 273 Documents
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PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN
Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2019.7.2.%p

Abstract

Crimes with child offenders in Indonesia are increasingly alarming from time to time. One of the most frequent crimes committed by children and child victims is sexual violence. One of the triggers of the onset of sexual violence by children with child victims is the rise of porn sites on the internet which can be easily accessed by children through mobile phones. This study used normative juridical research method. In accordance with the type of normative juridical research, the data collected is secondary data. The secondary data collection is intended to gain a theoretical foundation by studying the rules, documents and books that are related to this issue, and the opinions of scholars (doctrine). The result of the research shows that the form of juridical legal protection is regulated in special legislation for children, namely Law Number 35 Year 2014, the amendment to Law Number 23 Year 2002 regarding to the Child Protection and the implementation of legal protection have not been implemented optimally since it still uses the legislation, the old invitation, namely Law Number 23 Year 2002 on Child Protection. While the inhibiting factors in its implementation include legal factors, law enforcement officers, facilities and supporting facilities, community factors and cultural factors.Keywords: Legal Protection, Criminal Act of Abuse, Child
PENERAPAN PRINSIP-PRINSIP SYARIAH PADA SHARIA ONLINE TRADING SYSTEM MENURUT FATWA DEWAN SYARI’AH NASIONAL NO.80/DSN-MUI/III/2011
Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2019.7.2.%p

Abstract

SOTS is the first online sharia trading system in the world and was formed with great hopes that the majority of Muslim community of Indonesia can contribute a lot to the Capital Market in Indonesia. This system is based on sharia principles as DSN-MUI Fatwa No. 80 of 2011. Some people are skeptical about SOTS because they think it is still jointly managed with the Online Trading System. The focus of this study is to analyze the Sharia Online Trading System based on the DSN-MUI Fatwa No.80 of 2011. Using the literature review method based on data on the official website. The results of the analysis state that SOTS is in accordance with the sharia principles. However, because there is still a scope of orders from the online trading system, people are doubtful that it is not in accordance with Islamic principles.Keywords: Sharia Principles, Sharia Online Trading System (SOTS), Sharia Capital Market
METODE RAṢDU QIBLAH DENGAN BEDA AZIMUT DALAM PENENTUAN ARAH KIBLAT
Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2019.7.2.%p

Abstract

Raṣdu Qiblah is a method of determining the direction of qibla which is known to be economical, practical and accurate. In practice, Raṣdu Qiblah is restricted due to the presence of the sunray and the limited time. As the result, the Raṣdu Qiblah formula with azimuthal angle is developed as a solution which can be utilized four times or more in a day. This research employs a quantitative approach with mathematical analysis to describe the accuracy of the method. The findings of this study are that the calculation of the Raṣdu Qiblah with different azimuth approaches the solar azimuth calculation results at any time. The results of the practice also approach the local Raṣdu Qiblah which means that the accuracy of this method is almost the same as the original method and can be used as an alternative for determining the accurate direction of qibla.Keywords: Raṣdu Qiblah, Difference of Azimuth, Astronomy
PEMIKIRAN FIKIH LINGKUNGAN YUSUF AL-QARAḌAWI (Sebuah Upaya Mewujudkan Maṣlaḥah al-’Ammah)
Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2019.7.2.%p

Abstract

Being one of prominent figures in the field of fiqh, Yusuf al-Qaraḍawi is one of the contemporary scholars who initiates the ideas and thoughts about fiqh bīʻah (fiqh of environment). The current global environmental crisis ranging from global warming, climate changes, ozone layer depletion, acid rain, exploitation of natural resources, illegal logging, deforestation, floods, droughts, landslides, extinction of biodiversity, and so forth, have been becoming global crucial problems until now. These phenomena become a serious issue since they endanger and threaten the sustainability of the earth. This paper is aimed to study the Islamic perspective on safeguarding the nature and its contents in order to realize maṣlaḥah al-‘ammah (the public benefits) to the entire population of the earth. The thoughts of Yusuf al-Qaraḍawi need to be disseminated in order to realize the values of maṣlaḥah al-‘ammah so that the purpose of realizing Islam as the religion of raḥmatan li al-‘ālamīn (a blessing to all of the universe) may come true.Keywords: Fiqh Bīʻah, Jurisprudence of Environment, Maṣlaḥah al-‘Ammah, Public Benefits
ANALISIS PELAKSANAAN PERJANJIAN JAMINAN FIDUSIA (Studi Kasus FIF Astra)
Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2019.7.2.%p

Abstract

This research is to find out the process of implementing a fiduciary guarantee agreement and to know the legal consequences of a fiduciary guarantee agreement when FIF Astra is not registered. Based on the results of the study it can be concluded that in terms of its implementation and the contents of FIF Astra's financing agreement, it has fulfilled the provisions of legislation, especially the Civil Code. This is intended to provide legal certainty for the parties, both for fiduciary providers and for fiduciary recipients so that they can provide legal protection to creditors (fiduciary recipients) and other third parties. Regarding to the consequences of fiduciary guarantee law which is not registered according to Law Number 42 of 1999 that fiduciary guarantees must be made with a Notary Deed and registered with the Office of the Ministry of Law and Human Rights, in order to have execution power, in addition, creditors will obtain preferential rights. If the fiduciary guarantee is not made under the hand and is not registered in accordance with the provisions of the legislation, it does not have the execution power, and the right of preferential rights and can be nullified and voided by law.Keywords: Implementation of the agreement, Fiduciary Guarantee
RELEVANSI HADIS TENTANG WALI NIKAH DI ZAMAN MODERN
Ahkam: Jurnal Hukum Islam Vol 10 No 1 (2022): JULI 2022
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2022.10.1.1-26

Abstract

The position of the marriage guardian is based on the perspective of placing the guardian as a representative who can protect the prospective bride from psychological aspects related to her emotions and psychology, related to public views, to the prospective bride which can cause sociological losses. The guardian of marriage in the context of hadith is an obligation, this is relevant to the development of modern times today. From a legal perspective, marriage in Indonesia has reduced the need for a guardian. So, in the context of the relevance of the hadith regarding marriage guardians in modern times, it is a form of necessity as a form of legal protection for dignity (hifzul 'irdh). So important is the marriage guardian in a marriage as a form of sincerity and has a sacred value, the prospective bride and groom must ask permission from their guardian as a form of blessing to undergo a marriage.
INTEGRASI ADAT DAN SYARIAH
Ahkam: Jurnal Hukum Islam Vol 10 No 1 (2022): JULI 2022
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2022.10.1.17-36

Abstract

This study intends to describe the religious meaning of Pasang Bundel tradition in marriage ceremonies in the Besole Village community, Besuki District, Tulungagung Regency, East Java. This research is qualitative research, where data collection was done by observation and in-depth interviews. The data were analyzed using the inductive method to get a conclusion. From this research, it was found that first, the tradition of Pasang Bundel is the tradition of using offerings at weddings. Attach means to install Cokbakal (offerings) with banana leaves as the container, on each side of the container, a pair of Janur (yellow young coconut leaves) is shaped into a cone. The container contains seven kinds of flowers, one free-range chicken egg, a small glass tied with rawe (a type of white thread), incense, badhek water (water soaked in white glutinous rice) and a coin. Cokbakal was placed by traditional leaders in the yard, every corner of the house, bathroom and kitchen. The Bundel means slametan (a ritual of praying and giving thanks to God Almighty). This event was held with relatives and neighbors where after the ceremony is over they are given a berkatan (a container of food). Second, the symbolic meaning of the Pasang Bundel tradition is as an expression of gratitude from the person who carries out the ceremony to God Almighty and as a means to offer a prayer so that the wedding ceremony can run smoothly and without obstacles. This tradition Pasang Bundel integrated adat (Custom) and sharia where some items and rituals originating from local customs are integrated with things that have Islamic nuances. Third, this Pasang Bundel tradition is carried out for religious, social purposes, and ancestral customs preservation.
ANTARA AGAMA DAN JIWA
Ahkam: Jurnal Hukum Islam Vol 10 No 1 (2022): Juli 2022
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2022.10.1.63-98

Abstract

The level of spread of the Covid-19 and the resulting death encourages various community activities to be able to adapt to the situation and regulations as a preventive measure. Religious activities that often bring mass gatherings are one of the activities that are affected, especially worship activities. The worship activities, especially those that make congregation an important part of it, such as fardu and Friday prayers, are required to adapt as a form of soul preservation which is one of the main objectives (maqāṣid) of Islamic law. On the other hand, the law of worship is basically ta'abbudī and tawqīfī whose space for ijtihad is narrow. The adaptations made have the potential to lead to heresy. This study tries to examine the possibilities of these adaptations and the extent to which these possibilities are carried out. The approach taken is a qualitative approach to literature through the theory of maqāṣid al-sharī'ah especially to investigate potential contradictions between the preservation of religion and the soul. This study pays attention to the rules governing the structure, level and type of maqāṣid with a case study on the adaptations in Friday prayer. The phenomena discussed include the suspension of prayers, arrangement of rows, and the synchronous practice. This study concludes that an adaptive form that is able to preserve of all maqāṣid kullīyah without sacrificing one of them should be done wherever possible. When this is not possible, the intermediate tarjih must consider various aspects of each prevailing condition through maqāṣid perspective.
IMPLEMENTASI NEO VISIBILITAS HILAL MABIMS DI INDONESIA
Ahkam: Jurnal Hukum Islam Vol 10 No 2 (2022): November 2022
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2022.10.2.1-24

Abstract

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
POSITIVISASI NILAI SYARIAH DALAM REGULASI JAMINAN PRODUK HALAL DI INDONESIA
Ahkam: Jurnal Hukum Islam Vol 10 No 1 (2022): Juli 2022
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2022.10.1.37-62

Abstract

This article conducted in a research to legalize sharia values into nationally legal positivism or as a nationwide formal regulation. This research purposed to analyze the halal’s guarantee from a product into conclusion for how far the sharia values internalized into nationwide regulation. First, the implementation of Islamic law practice into nationwide regulation law must pass through the legal procedure. Secondly, the assurance of halal’s product guarantees aims to ensure that Muslim consumers are obtaining security and legal certainty over the consumption of circulating products and for producers to feel a positive impact by increasing business value added both in the production, distribution and marketing of halal food. Thirdly, regulation of halal products is an attemp to put sharia value into formal regulation by requiring halal product certification in all business forms.

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