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Ahkam: Jurnal Hukum Islam
ISSN : 23031905     EISSN : 25491075     DOI : -
Core Subject : Social,
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
METODE RAá¹¢DU 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

Raá¹£du Qiblah is a method of determining the direction of qibla which is known to be economical, practical and accurate. In practice, Raá¹£du Qiblah is restricted due to the presence of the sunray and the limited time. As the result, the Raá¹£du 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 Raá¹£du Qiblah with different azimuth approaches the solar azimuth calculation results at any time. The results of the practice also approach the local Raá¹£du 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: Raá¹£du 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.
CASH WAQF LINKED SUKUK (CWLS) DALAM PESPEKTIF MASLAHAH MURSALAH
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.2023.11.1.133-150

Abstract

Cash Waqf Linked Sukuk (CWLS) was born because of the demands of modern times that require everything to be easy, practical and simple. However, behind all the conveniences provided by cash waqf, there is still a fundamental problem, namely the issue of legal legality. The legal status of cash waqf is viewed from the perspective of maslahah mursalah. This research belongs to the category of literature research, while in analyzing the data obtained, the researcher uses a prescriptive analysis approach. The data collection technique used is documentation technique. Cash waqf has been considered valid, because the conditions for maslahah haqiqi (maslahah that are actually realized in real terms in the field), maslahah ammah (maslahah that are general in nature are not only enjoyed by a certain person or group of people), maslahah mulaman bi syar'i (maslahah that is in harmony with and T does not conflict with the Shari'ah) has been fulfilled in cash waqf. So that the legal status of cash waqf is halal. Moreover, the requirements of al habsu ma‟a baqo aynihi (holding goods without losing their essence) also remain in cash waqf.
AL- NILAI AL-MA'RŪF DALAM AL-QUR’AN TENTANG PERCERAIAN
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.2022.10.2.433-460

Abstract

Al-Ma'rūf 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'rūf 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-munāsabah al-Qur'an theory. This article reveals, there are 10 verses in al-Qur'an containing al-ma'rūf value in theme verses of divorce. These repeated words indicate that al-Qur'an pays attention of al-ma'rūf value seriously in divorce proceeding. This value is sometimes neglected by the husband who divorced her. The outline of this article is, al-ma'rūf 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'rūf 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.
DISTRIBUSI HARTA PUSAKA DALAM TRADISI PRENGKENIN PADA MASYARAKAT MUSLIM DESA BAGIK PAYUNG TIMUR NUSA TENGGARA BARAT
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.2022.10.2.401-432

Abstract

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.
ANALISIS HUKUM CRYTOCURRENCY KAJIAN FIKIH DAN FATWA-FATWA DI LUAR NEGERI
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.2023.11.1.151-168

Abstract

Cryptocurrency is the first application of Blockchain technology, but the potential of this technology is not limited to the monetary system and its widespread adoption is still a topic of debate around the world which causes many countries are investigating this cryptocurrency. Here the author attempts to assess crypto assets based on studies and fiqh fatwas abroad. In this study the authors use normative legal research, normative legal research is intended to provide legal arguments as a basis for determining whether an event is right or wrong. To analyze existing theories, this study uses a conceptual approach to analyze existing theories so that solutions to legal problems can be found. The results in this study are that there are two thoughts, the first school of thought argues that cryptocurrencies can be used for payments, remittances, and deposit assets as long as users know in detail the types of cryptocurrencies, their main characteristics and the risks associated with them. Due to the lack of a clear legal framework for digital currencies and the substantial harm involved for individuals and countries, second opinions are prohibited in the eyes of the Shari'ah due to the excessive risk to individuals, countries and the absence of a clear legal umbrella regarding these cryptocurrencies.
PERSINGGUNGAN HUKUM ISLAM DAN HUKUM ADAT PADA NASKAH UNDANG-UNDANG SULTAN ADAM KERAJAAN BANJAR
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.2022.10.2.365-400

Abstract

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.
KEUNGGULAN DAN MANFAAT SERTIFIKASI LOGO HALAL PRODUK KOSMETIK
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.2023.11.1.91-108

Abstract

The background of the problem with globalization, free trade and the Asian Economic Community (AEC) has led to an increase in the circulation of cosmetic products in Indonesian society. Indonesia is a country with the largest Muslim population in the world. In Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia it is stated that "The state guarantees every resident to embrace their religion according to their beliefs". The problem formulation of this paper is what are the advantages and benefits of a halal logo certificate for cosmetic products traded in the community. The purpose of writing is to find out the advantages and benefits of a halal logo certificate on cosmetic products traded in society. The research method used in writing is library research in the form of secondary data using primary legal materials, secondary materials and tertiary materials. The conclusion of this paper is to Obtain the Advantages and Benefits of Halal Logo Certification for Cosmetic Products. LPPOM MUI forms an auditor team to conduct an audit during the production process and audit results are submitted to the MUI Fatwa Commission to obtain a halal determination and the MUI issues a halal certificate. non-halal products.