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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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KEKERASAN DALAM RUMAH TANGGA DALAM PERSPEKTIF FIKIH EMANSIPATORIS
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.2022.10.1.99-130

Abstract

This article describes the act of beating done by a husband to his wife from the perspective of fikih, in response to Oki Setiana Dewi's lecture video clip. In Islam, the lecture is presumed as a form of legitimacy for Domestic Violence (KDRT). This article uses the literary method by searching the literature related to the topic to explain the most dominant side. The findings in the search shows that there are two different sides from the act of hitting a wife in the Household (KDRT). However, if a light stroke that leaves no traces is just a lesson, even so this kind of stroke is the last alternative for educating the wife. As a preventive measure, fikih offers action for how to build a household that chooses a partner who has a good religion and to avoids children from situations preventing violence.
Interpretasi Tradisi Mappacci Masyarakat Desa Pengkendekan Perspektif Hukum Islam
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.2022.10.1.151-176

Abstract

Abstract This study discusses the interpretation of the mappacci tradition of Pengkedekan Village from the perspective of Islamic law. This research is qualitative. Data was collected through direct observation and interviews. Data analysis used an inductive method to get the conclusion. From this research, it was found that the mappacci procession is not only applying pacci to the palms of the bride and groom. Several series of activities that must be fulfilled are barazanji, mappanretemme and giving pacci. Barazanji and mappanretemme are a series, the villagers of Pengekendekan do in the afternoon while giving pacci is done at night. There are seven mappacci tools, and each utensil is a symbol, the meaning of which is hidden, so it requires deep interpretation so that the meaning of each symbol appears, and is properly understood by the bride and groom, such as 1) Pillows symbolize respect, 2) Sarong symbolizes cover, 3) Banana leaves symbolize life, 4) jackfruit leaves symbolize dreams, hopes and ideals, 5) Banno symbolizes independence, 6) candles symbolize light or illumination, 7) henna leaves symbolize the purity of the soul. The interpretation of this tradition gives birth to the idea of structured knowledge, containing the goodness that is taught in religion. The essence of mappacci forms norms in social life, and forms a family.
PENETAPAN ASAL USUL ANAK TANPA MELALUI TES DNA BESERTA AKIBAT HUKUMNYA
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.2022.10.1.131-150

Abstract

Marriage is seen as a sacred event and a significantmilestone in human life, and religious components arecrucial to its continuation. Marriage Law Number 1 of1974 takes into account interfaith unions. But becausetheir original dads frequently do not accept them,illegitimate children can cause issues in society withrelation to accountability, such as who is responsiblefor providing for the children's financial support, care,and education. In this research of legal ramificationsand determining a child's origin without using a DNAtest are examined. The study adopts a normative legalapproach. The study's findings indicate that Article 43Paragraph 1 of the Constitution regulates therequirements of life and defines what is meant by achild born outside of wedlock as having a legal statusthat is limited to a civil relationship with the motherand her family. Legally speaking, children's financialand material well-being is the responsibility of theirmother and her family. However, as noted in theConstitutional Court Decision No. 40/PPU-VIII/2010,biological fathers are also legally required to takecare of, raise, and care for children born outside ofmarriage if they do not accept the child's status
PELAKSANAAN FARDHU KIFAYAH BAGI JENAZAH BAYI KEGUGURAN
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.2022.10.1.177-202

Abstract

This research is about the implementation of Fardhu Kifayah for the bodies of aborted babies who are over four months old. This type of research is library research, with descriptive analysis characteristics. The problem in this paper is related to the implementation of Fardhu Kifayah for abortion babies, several Mujtahid priests, in this case, the Hanafi, Malik, and Syafi'i priests believe that all Fardhu Kifayah is carried out if there are signs of life or Istihlal, if not, it is sufficient wrapped in cloth and then buried. Meanwhile, Ahmad Bin Hanbal stated that if the baby who miscarried was old enough to be breathed by the spirit, namely four months of pregnancy, all Fardhu Kifayah must be carried out. The difference of opinion of the Imams of this school arises because of differences in determining the limits of a child being categorized as alive, Imam Hanafi, Malik, and Shafi'i determine whether the baby is alive or not at birth, while Imam Ahmad sees the time or even the spirit is blown, namely when the fetus is 120 days old. This paper concludes that Imam Ahmad's opinion is more relevant and provides benefits for the community because it is easier to determine the implementation of the law and avoid new differences of opinion among the community.
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.
POLEMIK PELAKSANAAN SHOLAT BERJAMA’AH BERJARAK DIMASA PANDEMI COVID-19
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.2022.10.2.271-296

Abstract

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
USHUL IKHTILAF DALAM PERSOALAN IJTIHADIYYAH PERSPEKTIF IBNU TAIMIYAH
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.2022.10.2.251-270

Abstract

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.
PANDANGAN ULAMA TERHADAP PEMBEDAHAN PLASTIK
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.2022.10.1.203-226

Abstract

Plastic surgery is an effective method and aims to realize the needs of consumers, especially in the face of the modern era. Although it is seen that its users give a positive impact, but as a Muslim who must adhere to Islamic law in all activities, a Muslim who performs plastic surgery should know the meaning and law of plastic surgery. Therefore, based on the Qur’an and hadith, muslim scholars give insights in their writings on changing the shape that this time can also be adapted to plastic surgery. The problem statement in this research is: what is mean and the law of plastic surgery in the view of Muslim scholars. While the objective of this research is to know the meaning and description of the law of plastic surgery in the view of muslim scholars. The methodology in this study uses the library method. From the point of view of the problem studied, this research uses an integrative, philosophical, systematic, and universal approach in order to find wisdom or facts about the research. The nature of this research is analytical descriptive. The methods of analysis that researchers use in this research are descriptive, comparative and critical analysis. The results of this study found that not all muslim scholars agree on the meaning of changing shape as a physical change. The muslim scholars who mean changing shape as a change in the physical, in general allows changing shape to reshape and prohibit changing shape to beautify.
SANKSI DALAM PERSPEKTIF FIKIH, PENDIDIKAN DAN PSIKOLOGI
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.2022.10.2.297-326

Abstract

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.
PENETAPAN HARGA PADA TRANSAKSI JUAL BELI ANTARA PENGRAJIN JAMPEL DENGAN PENGEPUL
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.2022.10.2.327-344

Abstract

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.

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