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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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FILANTROPI ISLAM SEBAGAI PEMBERDAYAAN EKONOMI PEMBANGUNAN (Model Pemberdayaan ZISWAF untuk 100 Usaha di Kabupaten Pamekasan)
Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2023.11.1.45-66

Abstract

ABSTRAK This study aims to determine the potential of philanthropic funds in economic development empowerment, as well as the distribution mechanism for 100 businesses in Pamekasan Regency in realizing the people's economy to a better level. Islamic philanthropy which consists of Zakat, Infaq, Sadaqah, and Waqf is the obligation of the people to contribute in the form of material to those who are entitled to receive it on the basis of divine values. However, the benefits of this philanthropic fund are still not optimal in improving the economy. It is proven that the distributed funds have not been managed for productive (business) activities. The method in this research is conceptual research using secondary data obtained from literature and documentaries that have been processed through a qualitative descriptive approach. The results showed that the mechanism for empowering philanthropic funds in the development economy for 100 businesses in Pamekasan Regency, by providing capital or financing as well as entrepreneurship education (entrepreneurship) with models in the form of mentoring, coaching, and training by the cooperative office. This empowerment projection has the potential to achieve the benefit of the people of the world and the hereafter. The conclusion obtained shows that philanthropy empowerment can escalate economic development, encourage regional-scale growth for 100 businesses in Pamekasan Regency.
HUKUM MENJAMAK SHALAT SAAT TAMPIL PADA KARNAVAL
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.2022.10.2.345-364

Abstract

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.
TINJAUAN HUKUM ISLAM TERHADAP TRADING BITCOIN
Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2023.11.1.31-44

Abstract

The study of Islamic law on bitcoin trading has a high urgency, considering that crypto asset trading is increasing in Indonesia from year to year. One of them is the high level of bitcoin trading. The purpose of this study is to examine Bitcoin transactions in the perspective of Islamic Law. This type of research is a type of library research with a normative legal approach. This research analysis uses descriptive analysis. The results of the research in this problem, according to the view of Islamic law, bitcoin transactions are prohibited because bitcoin buying and selling is said to be ghairu sahih buying and selling which is categorized as invalid because the sale and purchase does not meet the conditions for the validity of buying and selling on the object of the goods (sil'ah). Bitcoin contains elements of gharar, maysir, and dharar as the object of sale and purchase, so it does not fulfill the pillars of sale and purchase, so the law of bitcoin trading is invalid and violates the provisions of Islamic law.
CHILDFREE PERSPEKTIF HAK ASASI MANUSIA DAN MAQASID SYARI’AH JAMALUDDIN ‘ATHIYYAH
Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2023.11.1.67-90

Abstract

This article examines the phenomenon of childfree from the perspectives of human rights (HR) and Maqasid Shariah. Childfree refers to the decision made by individuals or couples to remain without children, despite having the ability to conceive. This phenomenon remains controversial in society, as it is seen as contradicting human nature, religion, and cultural values. However, within the framework of human rights, every individual has the right to make decisions regarding their own reproduction, including the choice to not have children. This article analyzes the religious viewpoints, particularly in Islam, on childfree and aligns them with the principles of human rights that recognize individual equality and freedom. Additionally, the Maqasid Shariah perspective of Jamaluddin 'Athiyyah is employed to explore the sustainability of offspring as a protected right. Through a normative approach, this article discusses the implications of childfree in the contexts of human rights and Maqasid Shariah and argues that childfree individuals should be treated fairly and equally without discrimination. This research utilizes a literature review method, collecting qualitative data from relevant secondary sources. The findings and discussions of this article aim to provide a deeper understanding of the childfree phenomenon from the perspectives of human rights and Maqasid Shariah, as well as contribute to advocating for the recognition of individual rights in making decisions about their own reproduction.
TINJAUAN MAṢLAḤAH TERHADAP PERLINDUNGAN HUKUM BAGI ANAK YANG BEKERJA DI INDONESIA
Ahkam: Jurnal Hukum Islam Vol 11 No 1 (2023)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2023.11.1.1-30

Abstract

Labor law still allows children to work with certain restrictions. The existence of working children needs legal protection so that children's rights can still be fulfilled and protected by the State. On the other hand, Islamic law highly upholds and protects children's rights according to the principles of maqashid sharia. The author views that there is a problem between the legal protection and the theory of mashlahah. Therefore, the author tries to find out how far labor law protects children who work in Indonesia and sees this legal protection from the perspective of mashlahah. This research method is normative legal research with a statutory and conceptual approach, which examines secondary data in the form of related laws, concepts and theories. The results of the study show that legal protection for working children in Indonesia includes restrictions on minimum age, working hours, safety and health protection, wages, and limitations on work involving children. The existence of legal protection for working children in Indonesia is included in the mashlahah mulghoh category. Its application is more harmful than giving mashlahah to children. Even though the existence of mashlahah is contrary to syara', the existence of legal protection rules for working children in Indonesia is still needed because working children are still found in society.
FUNGSI PENGAWASAN OTORITAS JASA KEUANGAN (OJK) TERKAIT PERLINDUNGAN KONSUMEN PADA LAYANAN PEER TO PEER LANDING FINTECH
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

The development of information technology has generated the innovation in the financial technology (fintech). One of the innovation is peer to peer lending system, which targeted the public and small scale business to provide the easily accessed capital. The regulation issued by Bank of Indonesia and the Board of Financial Authority is expected to assure the consumers’ safety. The peer to peer lending system has turned out to give positive benefit in accelerating the economic growth. Anyway, the potential leak of the consumers’ personal data threaten the sustainability of the fintech industry. Therefore, the prevention and the supervision system must be seriously considered. This study concludes that th fintech still need another set of regulations to protect the consumers, and to optimize the supervision from Bank of Indonesia and the Board of Financial Authority.Keywords: Peer-to-peer lending, financial technology, regulasi
PERAN POLRI, KEJAKSAAN DAN MAHKAMAH ADAT ACEH DALAM PENEGAKAN SYARIAT ISLAM DI ACEH
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

The main institutions that play a very important role in the enforcement of Islamic law in Aceh are the Office of Islamic Law (DSI), the Shariah Court (MS) and Wilayatul Hisbah (WH) at the Aceh provincial level and the district level. The question proposed is what is the role of the national law enforcement agencies such as the Republic of Indonesia Police and the Republic of Indonesia Prosecutors' Office. As a matter of fact the application of Islamic law in Aceh is under the territory of the NKRI. It means that legally Aceh is not entirely independent but is still within the scope of national law enforcement. Therefore, the existence of the National Police and Prosecutors' Office in prosecuting its role in law enforcement in Aceh, particularly sharia-nuanced law is important to be investigated. This study uses a library approach of wihch primary sources are books, documents, laws, notes and online media about the implementation of Islamic law in this Veranda of Mecca.Keywords: Syariah Islam, Wilayatul Hisbah, MAA
HUKUM ASURANSI BADAN PENYELENGGARA JAMINAN KESEHATAN (BPJS) KESEHATAN PERSPEKTIF FIQH MUAMALAH DAN QAWÂ’ID FIQHIYAH
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 reviews the definition of the Badan Penyelenggara Jaminan Kesehatan (BPJS), it’s implementation mechanism, and it’s law according to the Moslem scholars in Indonesia. The mechanism of its implementation reviewed based on the fiqh muamalah (transaction law in Islam). There are several issues answered in this research, but the most important issue is the problem of how the BPJS Health Insurance Law is reviewed from the perspective of fiqh muamalah. This research is a library research with descriptive legal research models. The approach used in this study is a normative juridical approach with a comparative analysis method. The results of this study shows that regarding to the BPJS Health insurance, the Moslem scholars in Indonesia differ in opinion, of which there are those that forbid, some allow, and some say the law is shubhat. Secondly, the relevance between the BPJS Health insurance operational system with the concepts in fiqh muamalah, it is found that there are similarities in several respects with the concept of ju'alah, wadi’ah, salam, and kafâlah or dhaman. From the perspective of qaidah fiqhiyah, the legality of the BPJS Health insurance seems to be stronger because of the compatibility with the principles of fiqh muamalah.Keywords: Insurance Law, BPJS, Fiqh Muamalah, Principles of the Fiqh
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

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