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Al-Daulah : Jurnal Hukum dan Perundangan Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20890109     EISSN : 25030922     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
al-Daulah: Jurnal Hukum dan Perundangan Islam (p-ISSN: 2089-0109 dan e-ISSN: 2503-0922) diterbitkan oleh Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya pada bulan April 2011. Jurnal ini terbit setiap bulan April dan Oktober, dengan memuat kajian-kajian tentang tema hukum dan Perundangan Islam. Jurnal ini terakreditasi pada 1 Desember 2015 sesuai Keputusan Direktur Jenderal Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor: 2/E/KPT/2015.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 11 No. 1 (2021): April" : 7 Documents clear
Iddah of A Pregnant Woman Following The Death of Her Husband: A Study of Ta’arudh Al-Adillah Arzam, Arzam; Ridha DS, Muhammad; Natardi, Natardi; Witro, Doli
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.23-46

Abstract

One of the consequences that must be endured by women after divorce, the divorce of thalaq, or divorce due to death is iddah. Enforcement of iddah for women after the divorce is not Islamic law-oriented but had existed before Islam came. In general, two verses explain about iddah which are considered ta’arudh al-adillah (considered contradictory) namely surah al-Baqarah verse 234 states that women whose husbands’ deaths receive iddah for four months ten days and surah ath-Thalaq ayat 4, Allah states that pregnant women get iddah until they give birth to their children. Therefore, this study aims to examine the iddah law of a pregnant woman whose husband has died based on the instructions of surah al-Baqarah verse 234 and surah ath-Thalaq verse 4, using ta’arudh al-adillah. This type of research is a qualitative research that is literature research. Sources of data in this research involved books, scientific journals, articles, internet, legal products, and other forms of written documents relating to iddah. Methods of data collection in this research employed reading, comparing, examining as many data sources as possible. Data analysis methods in this research included data reduction, data presentation, and conclusion. For more profound analysis results, this study also performed data analysis techniques, the bayani method, the ta’lili method, and the istislahi method. The results showed that the iddah period for a woman whose husband dies according to surah al-Baqarah verse 234 is four months and ten days. This law applies if the woman is not pregnant. However, the provisions for pregnant women are more specifically specified in surah ath-Thalaq verse 4, because the provisions of pregnancy have been specified (takhsis) in surah ath-Thalaq verse 4.
Fiqih and Progressive Law: Study of Inequality and Racial Issues in America Anshor, Ahmad Muhtadi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.1-22

Abstract

Racial issues and gaps in the US are a phenomenon that the world is witnessing, where intimidation against minority groups is often heard, and this act certainly contravenes the values of appropriateness and human values people of all races highly respect. This research is literature-based in which the data was analyzed in descriptive method based on content analysis. This research aims to reveal the racial issues in the US seen from the perspective of Fiqh and progressive law. The findings of this research imply that this phenomenon contravenes the fundamental principles of fiqh and progressive law.
Qisas Punishment Imposed by Surambi Court in Kasunanan of Surakarta Post Palihan Nagari Kasiran, Sugiarti; D. Dienaputra, Reiza; Nugraha, Awaludin; Kartika, N.
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.102-122

Abstract

Surambi Court began in the time of Sunan Paku Buwono IV ruling in 1788-1820 M. Surambi as the highest court was authorized to pass judgments over serious crimes, including murder cases in Surakarta. Back in the time, soldiers assigned to executing the punishment were established: Nirbaya, Martalulut, and Singanagara. Surakarta was the region under the Dutch colonialism, and this situation did not allow Islamic Law to be fully enforced in the region due to the interference of the invaders. This research employed historical legal approach intended to study the legal history from the perspective of the development and the origin of legal system growing in a certain society and to compare it to another different law. The research methods involved the studies of history such as heuristic, critical, interpretational, and historiographic approaches.  The research found out that qisas punishment was not imposed as what is governed in Islamic Law. The Dutch interference in internal issues in the keraton (palace) took over all court decisions under its control. The Dutch could aggravate or even alleviate punishment imposed on a defendant as long as it benefitted the Dutch.
Construction of Village Autonomy Regulation in Achieving People's Welfare: Critical Review Law Number 6 of 2014 on Villages Santoso, Lukman
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.47-74

Abstract

This study aims to explore the construction of Village autonomy arrangements to realize people's welfare. As it is understood, the issuance of Law No. 6 of 2014 on Villages has become a new chapter of autonomy regulation in Indonesia, which opens space for villages to be independent and autonomous. This research is juridical-normative research, which includes a descriptive-qualitative type—using secondary data from primary and secondary legal materials. This study applies statute, conceptual and hermeneutic approaches to data analysis. The findings of this study are that in realizing people's welfare, the construction of village autonomy arrangements is based on comprehensive and integrated planning based on each region's potential. So that each region gets benefits and benefits together. The realization of this welfare includes two components: the provision of essential services in the village and the development of the village economy based on local resources' potential.
Morality Issues in The Islamic Criminal Law and The Indonesian Criminal Code Draft under The Perspective of Maqasid Al-Shari’ah Sanuri, Sanuri
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.75-101

Abstract

This is a bibliographical research to highlight the moral issues in the Islamic Criminal Law and the Indonesian Criminal Code Draft, such as pornography, acts of adultery, cohabiting, prevention of pregnancy and abortion, and rape on the perspective of maqasid al-shari’ah”. The intersection between the principles of the Islamic Criminal Law and those of the Criminal Code Draft in Indonesia can be seen from a transformative relationship occurs substantively and contextually through the five features in daruriyyat al-khamsah of the theory of maqasid al-shari’ah. In addition, the transformation of the two legal systems can also be measured through the three basic concepts that exist in the Islamic Criminal Law namely zawajir (repressive), jawabir (preventive), and ta’dib (educative) while still pays attention to the universal values such as justice (al-‘adalah), freedom (al-hurriyyah), equality (al-musawah), wisdom (al-hikmah), and human kindness (masalih al-‘ibad).
Influences of ‘Urf in Islamic Law Compilation Concerning Marriage in Indonesia Darmawan, Darmawan
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.149-172

Abstract

The scholars of ushul fiqh (uṣūliyyīn) agree that ‘urf al-ṣaḥīḥ, representing an appropriate custom, serves as the legal basis since this is congruent with what is intended in naṣ (Quran and Sunnah). Thus, determining Islamic law should take into account the customs or traditions people adhere to, including inheritance-related matters. In Indonesia, Islamic Law Compilation, the law governing inheritance based on society and religious courts, set forth several articles accommodating ‘urf in the inheritance system. This study aims to investigate which ‘urf has been adopted as a legal guideline in Islamic Law Compilation, and what implications can be caused by ‘urf in Islamic Law Compilation concerning inheritance. With an Islamic Law approach and the theory of ‘urf al-syatibi, this study concludes that there are at least four essential articles regarding the influences of ‘urf in Islamic Law Compilation, consisting of Articles 171 and 174, Article 183, and Article 190, where Article 171 point c mentions the definition of inheritor and Article 174 regulates the classification of inheritors that has an implication on the system of inheritance adopted by Islamic Law Compilation with a strong bilateral principle. Moreover, Article 183 deals with the mechanism of peace in inherited asset distribution, indicating an elaborate individual principle in Islamic Law Compilation.  Article 190, however, governs the distribution of marital properties or shared properties, having an implication on the customs of the people of Indonesia who are used to equally sharing assets as adopted by Islamic Law Compilation.
The Urgency of Socio-Legislation in Providing Legal Responsibilities of Marital Cheating Fatwa, Ahmad Fajruddin
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.123-148

Abstract

The desire to accommodate marital cheating as a despicable act and against the law has not been properly accommodated in the law enforcement process, even though this has long been developing and has many victims in society. Offenders are often only considered despicable acts specific to the parties involved with the victim, limited to the scope of the household. In fact, according to the results of the study conducted in the writing of this paper, various legal responsibilities of actors have been well accommodated in Indonesian social norms, and possible to arrest actors from the perspective of legislation. Therefore, the study of actors cannot be reduced to only those that limit themselves to written legal provisions by using the paradigm of the legality aspect of legal sources in determining crimes and acts against the law alone. This paper proves that marital cheating is not just a despicable act prohibited by social norms but also shows the various court judgments that have been made in resolving the marital cheating dispute.

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