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Al Hurriyah : Jurnal Hukum Islam

alhurriyah
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Published by Institut Agama Islam Negeri Bukittinggi

ISSN : 25493809 EISSN : 25494198 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Al-hurriyah merupakan media publikasi hasil penelitian dan kajian konseptual tentang tema-tema kajian hukum Islam: Jurnal ini terbit dua edisi dalam satu tahun ditujukan untuk kalangan pakar akademisi, praktisi, LSM, lembaga kajian dan lembaga penelitian sosial keagamaan.

Arjuna Subject : -

Articles 8 Documents

Search results for , issue "Vol 3, No 2 (2018): Juli - Desember 2018" : 8 Documents clear

TEORI HUKUM JA’FARIYAH (Analisis Historis Mazhab Fikih Ja’far As-Shadiq Dan Implikasinya Pada Produk Hukumnya) Bahrul Hamdi; Ayen Saputra
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

There are two major streams in Islam which up to now have a very significant influence in the Islamic community, namely the Shiite sect and the Ahlus Sunnah wa al-Jama'ah sect. Apart from differences in theological discourse, the differences between these two sects also touch the jurisdictions (fiqh). The most obvious differences in fiqh products, for example, appear in the permissibility of marriage if married (contract marriage). Some non-fundamental differences occur in other discourses, such as in prayer, azan, etc. This article intends to discuss legal theory that animates legal products in the Ja'fari school. The presence of Imam Ja'far in his capacity as a respected founder of the Ja'fari school, both Sunni and Shiite, will be discussed specifically in this paper. In addition, this article also discusses a number of fiqh Ja'fari products which may be fundamentally different from the Sunni fiqh products, including about khumus and mut'ah. The legal sources used in the Ja'fari school are not much different from the legal sources used in Sunni schools, which revolve around the Qur'an, Sunnah, Ijma', and Intellect. Although there is an understanding of the different definitions of the sources of the law, this does not indicate that Syi'ah and Sunni have different principles in determining the law.

KONSEP RIBA DALAM KOMPILASI HUKUM EKONOMI SYARI’AH (Studi Analisis Teks Kompilasi Hukum Ekonomi Syari;ah Indonesia) Febrina Sari; Dahyul Daipon
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Economic and financial issues such as trade (tijarah), rent (ijarah), mortgage (rahn), accounts payable (mudayanah), wages to pay (ujrah) and others related to the basic norms of economic transactions are arranged all in Islam . Allah has reduced sustenance to this world to be used by humans in a way that has been legalized by Allah SWT and is clean of all acts that contain usury. Usury is an additional requirement in a business transaction without the existence of iwadh (equivalent) which is justified by the shari'ah for the addition. Broadly speaking, usury is classified into two; usury of debt and usury debt buying and selling. Usury debt accounts are divided into two, namely; usury qiradh and usury jahiliyah, while usury selling and buying is also divided into two, namely usury fadhal and riba nasi'ah. The rules relating to usury are also widely discussed by the jurists in their books. KHES is the actual form of Islamic law in Indonesia related to Islamic economic activities. So that with the presence of KHES, economic business actors carried out according to shari'ah principles if a dispute occurs, it can be resolved with this KHES reference. KHES has been used as a guideline that replaces Islamic law, namely the Qur'an and hadith. KHES is a syari'ah principle guideline source for Judges in the Religious Court and also for the Syari'ah Arbitration Agency in terms of resolving sharia economic disputes. The problem is that none of the KHES articles deal with usury. The word "usury" is only a few that can be found in this book of KHES. This is due, among others; First, KHES discusses the contracts in mu'amalah. While usury is not a contract. Second, KHES adopts some of the books of Majallah al Ahkam al ‘Adliyyah of the Ottoman Turks so also there is no discussion regarding usury or interest. Third, avoiding usury is the principle of transactions / contracts in the Shari'ah. The position of usury is parallel with gharar, maisir and dharar which must also be avoided. Fourth, that in the treasury of Islamic law or fiqh it has been discussed / discussed in depth and wide, so that it is felt that there is no need to be raised (specifically discussed) in KHES.

DINAMIKA FORMULASI AKAD TERHADAP PENGELOLAAN DANA HAJI DI INDONESIA Maizul Imran; Rio Satria
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The development of a hajj fund that is so great has the potential to be used in supporting the implementation of a better quality Hajj through effective, efficient, transparent, accountable, and in accordance with the provisions of legislation. The strategy that has been taken by the Ministry of Religion to optimize the management of the Hajj fund so that its benefits can be used to improve the quality of Hajj implementation is by developing these funds through investment. But in fact, the dynamics that occur are in the BPIH deposit. When the funds are managed which constitute funds deposited by prospective pilgrims to the government (Ministry of Religion or BPKH) to finance the implementation of their pilgrimage, problems arise regarding the appropriate contract formulation to be used, whether wakalah contract, mudlarabah (profit sharing), or altogether no longer need a contract, because the government acts as a statutory power for prospective pilgrims, as consideration of the decision of the Constitutional Court (MK).

IMAM KAMPUANG SEBAGAI WALI HAKIM: Analisis Terhadap Putusan Pengadilan Agama Talu Nomor 502/Pdt.G/2011/PA Tentang Itsbat Nikah Abdul Alim; Edi Rosman
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Marriage is a facility that Allah arranges in such a way that human biological needs are channeled and fulfilled respectfully and well. To carry out a marriage, the role of the guardian of marriage is very important because in his hand a marriage becomes legitimate, in addition to fulfilling the other pillars, including witnesses and dowry. If these pillars are not fulfilled and ignored, the marriages that are carried out are not recognized by the syarak. The decision of the Talu Religious Court by ordering a marriage without a legal guardian according to the rules of Islamic law and legislation in Indonesia certainly seems to have ignored the provisions of the fiqh and the positive law that applies in Indonesia. This is because there are no rules in fiqh and also positive laws that allow a priest to be allowed to marry someone who has no relationship with him. The appointment of the village priest as the guardian of the judge in a marriage is not based on reasons that can be justified by syarak, because in the subsection of the judge's guardian in the constellation of Islamic law and the positive law applicable in Indonesia is the government or the person authorized by the government to be the judge's guardian. In the marriage certificate request that has been granted by the panel of judges, the Religious Religious Court Number: 502 / Pdt.G / 2011 / PA has ignored important aspects in a legal product because of lack of attention to aspects of Islamic law (fiqh) that never provide opportunities to people who are not have a relationship with a woman nasab.

WALI NIKAH DALAM KITAB FATH AL-QADÎR KARYA IBNU HIMMAM (Tinjauan Deskriptif Analitis Tematis) Dwi Sagita Akbar
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Marriage has terms and harmony that have been established both in the Qur'an and in the Hadith. One of the conditions in a marriage contract is the presence of a parent (guardian) and a representative. Trusteeship, which was originally an ancient Arab culture that eventually became the Prophet's Sunnah was an absolute requirement for women to be able to do a marriage. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed there is no single verse of the Koran that clearly (explicitly) explains the existence of a guardian in a marriage contract. But there are only verses that can be understood to require the existence of a guardian as in the letter Al-Baqarah verse 221. This article briefly describes the guardian of marriage contained in the Fath Qadir Ibn Himmam. The book of Fath al-Qadir by Ibn Himmam was chosen to be the main source of study because it was one of the monumental works of all times in the field of Islamic Sciences especially for the study of Islamic law and was born from one of the famous Jurists to the present. The story of the Fath Qadir book is explained that according to Ibn Himmam guardianship in marriage is divided into two types, namely nadab / musthab and ijbar guardianship

HUKUM MENGULANG SHALAT DENGAN BERJAMA’AH (STUDI PEMAHAMAN HADIS MUKHTALIF) Febriyeni Febriyeni; Beni Firdaus
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

I’adah (repeating prayer) is to repeat the implementation of an obligation in time according to the provisions of the sharak for the second time due to the occurrence of shortages or aging in the implementation of the first obligation. In the matter of repeating this prayer, the existence of the traditions of the Prophet Muhammad explained about the ability to repeat prayers in congregation, meaning someone who had prayed at his house, then he went to the mosque and found a congregation who would pray, he was allowed to repeat pray by joining the congregation. However, in other traditions, indications of prohibition were found to repeat the same prayer on one day even with congregations. The two versions of the hadith appear to be textually contradictory, but as Imam Shafi'i's statement states that the traditions of the Prophet Muhammad will not be contradictory, a solution can be found so that a proper understanding of the traditions that appear to be contradictory can be found. Therefore, it is necessary to analyze a complete understanding of the traditions of repeating prayers in congregation so that the law can be repeated in congregation.

NAFKAH IDDAH AKIBAT TALAK BA`IN DALAM PERSPEKTIF KEADILAN GENDER (Analisis Terhadap Hukum Perkawinan Indonesia) Fadhilatul Maulida; Busyro Busyro
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Iddah is one of the obligations for a wife who is divorced by her husband, whether divorce is caused by divorce from a husband or because of a wife's lawsuit to the court (khulu '). While undergoing iddah, the wife has the right to obtain housing and living facilities, as is the case in raj'i talak. On the other hand, in the Talak Ba'in, the Islamic marriage law in Indonesia does not provide an opportunity for the wife to earn a living even though she has to undergo the same obligation, namely undergoing iddah and living in her husband's house. This is certainly not in line with gender justice that carries the equality of men and women in this life. Judging from the thoughts of the ulema of the school of thought, actually the legal thinking of Imam Abu Hanifah had first argued to give the wife the right to earn a living in divorce even though the divorce was in the form of divorce. It seems that Imam Abu Hanifah's opinion should be considered in the renewal of Islamic marriage law in Indonesia, especially in realizing justice to the women in their marriage and divorce.

PEMBERIAN UPAH PEMOTONGAN HEWAN QURBAN MENURUT HUKUM ISLAM (Studi Pada Masyarakat Tanjung Barulak Kab. Tanah Datar) Hendri Hendri; Andriyaldi Andriyaldi
Alhurriyah Vol 3, No 2 (2018): Juli - Desember 2018
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Every year Muslims commemorate the feast of Idhul Adha. One form of celebration is done by sacrificing. Sacrifice is an amaliyah service whose provisions are regulated in Islam. Sacrifice according to etymology comes from Arabic, namely qaraba which means close. The word qurban is commensurate with the word al-udhiyyat which is defined as the name of an animal slaughtered on the Idhul Adha feast day and tasyrik days to draw closer to Allah. Whereas the term sacrifice means the slaughter of certain animals with the intention of drawing closer to Allah SWT, which is performed on the feast of Idhul Adha or in the days of Tasyrik which is the 11th, 12th and 13th of Dhulhijah. However, in Indonesia the implementation of slaughtering sacrificial animals in each region is carried out differently. Especially giving wages for slaughtering sacrificial animals. This article uses the analytical content method for the syllables' arguments and also uses the field research method, which is to gather information in the field related to the wages of slaughtering sacrificial animal sacrifices that occur in the middle of the community, especially the Tanjung Barulak district. Tanah Datar. The implementation of slaughtering sacrificial animals in the middle of the community is carried out differently. This is because this is a tradition that has been passed down for generations, both wages given in the form of meat, head, feet or parts of sacrificial animals are a reward for people who cut or clean sacrificial animals. The wages were still given but did not take from the sacrificial animal and then replaced the wages in the form of money taken or requested and collected from the sacrificial participants.

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