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El-Faqih : Jurnal Pemikiran dan Hukum Islam
Published by Institut Agama Islam Faqih Asy'ari Kediri
ISSN : 24433950     EISSN : 2503314X     DOI : https://doi.org/10.29062/faqih
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process. The journal is published twice a year in April and October. It is now a fully online journal, and it only accepts manuscript submissions written in Indonesia, English, and Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 176 Documents
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Persepsi Mahasiswa Tentang Fenomena Flexing di Media Sosial Perspektif Maqāṣid Syarīʿah Sultan, Nurul lutfiah; Zulfahmi Alwi; Andi Muhammad Akmal; Abd Rauf Muhammad Amin; Andi Achruh
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1780

Abstract

This research aims to: (1) understand the reality of the flexing phenomenon on social media; (2) examine its impact on students of UIN Alauddin Makassar; and (3) analyze it from the perspective of Maqāṣid Sharīʿah. Using a field research method with phenomenological and theological approaches, this study explores students' subjective experiences and the relevance of Maqāṣid Sharīʿah, particularly in maintaining religion (hifz al-Din), life (hifz an-Nafs), intellect (hifz al-Aql), lineage (hifz an-Nasl), and wealth (hifz al-Mal). The primary data sources are 10 postgraduate students and 8 undergraduate student representatives from each faculty, selected through purposive sampling, complemented by an interview survey of 39 students. Data were analyzed by reducing negative impacts and mapping behaviors, effects on actors, and effects on others, followed by verification for validity and reliability. The results show that flexing on social media is controversial, causing more harm than benefit, with cases linked to fraud, corruption, and even loss of life. Among UIN Alauddin Makassar students, flexing leads to insecurity, social pressure, and self-comparison, though a few view it as motivational. From the Maqāṣid Sharīʿah perspective, excessive flexing conflicts with values of simplicity, family morals, and prudent wealth management. This research highlights the need for ethical and moral awareness in social media use, urging young people to align online behavior with Islamic teachings through the framework of Maqāṣid Sharīʿah.
Tradisi Ziarah Makam Syekh Yusuf Pada Masyarakat Kontemporer Gowa Perspektif Hukum Islam Haeni Mukti; Abdul Rauf Muhammad Amin; Nur Taufiq; Hamzah Hasan; Andi Muhammad Akmal
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1866

Abstract

Syekh Yusuf al-Makassari, also known as Syekh Yusuf Abu MahasinHadiyatullah Ta al-Khalawati al-Makassari or simply Tuanta Salamaka ri Gowa (meaning "Our Great Teacher from Gowa"), was a prominent Islamic scholar,Sufi, and national hero of Indonesia. His tomb, located in Gowa, South Sulawesi,attracts people from both within and outside the region, who visit for variouspurposes, including fulfilling vows, making offerings, or simply praying for blessings and safety in this world and the hereafter. This research is an empirical legal study with a descriptive qualitative method. The research uses theological and anthropological approaches. The research findings show that, from the perspective of Islamic law, visiting graves is allowed as long as it meets the conditions and requirements according to the teachings of the Prophet Muhammad and does not deviate from these teachings. However, in the view of scholars, the tradition of visiting the Tomb of Syekh Yusuf, which is frequently practiced by the community, such as making vows, holding ceremonies, and asking for blessings, has varying opinions among scholars. Some permit it, while others prohibit it. It is advisable that when making a vow or asking for something, the community should fulfill it by holding a thanksgiving event or fasting as a form of gratitude to Allah SWT for the fulfillment of their vow.
Analisis Putusan Praperadilan dalam Kasus Korupsi di Nagari Sikabau: Tinjauan Hukum Acara Pidana dan Prinsip Keadilan dalam Islam Laya, Sakutra; Riki Zulfiko
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1942

Abstract

In the criminal justice system, criminal procedure law in Indonesia is based on the presumption of innocence, which means that the human rights of every individual must be safeguarded and protected. Even so in the view of Islam, law and justice cannot be separated, Allah is the holder of sovereignty, ruler, and at the same time the lawmaker through His revelation in the form of Al-Qur'an and Hadith Rasul. In Decision Number 1/Pid.Pra/2024/PN Plj related to suspects Abdul Razak and Yulasmen, who are suspectedof being inloved in criminal acts of corruption in the form the profit distribution of the pusako ninik mamak palm coorperative in 2018-2021, the researcher is interested in conducting a study of the judge's consideration in granting the parties' pretrial motions and assessing whether these considerations are in accordance with the applicable criminal procedural law provisions. This research uses normative methods with a legislative approach and analysis of court decisions. In accordance with Article 77 of KUHAP, pretrial has the authority to examine the validity of an arrest and detention, as well as to assess whether or not the termination of an investigation or prosecution is valid, including a request for compensation and rehabilitation for a person whose criminal case is terminated at the investigation or prosecution stage.
Peranan Lembaga Perlindungan Saksi dan Korban (LPSK) Terkait Seorang Justice Collaborator dalam Sistem Peradilan di Indonesia: Studi Kasus Richard Eliazer Alfin Noverlin; Syaiful Munandar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1953

Abstract

This study discusses the role of the Witness and Victim Protection Agency (LPSK) in providing protection for justice collaborators in the justice system in Indonesia. Justice Collaborators have an important role in uncovering organized crime. Lack of attention to justice collaborators and the absence of definite guarantees in the resolution of the criminal justice system make witnesses reluctant to cooperate. Therefore, Law 30 of 2014 LPSK in implementing and implementing protection for witnesses who cooperate must provide a sense of security from threats from perpetrators of crimes that are revealed. As a consequence and sacrifice of justice collaborators that must be appreciated by law. By using normative legal research methods and normative juridical approaches, this study examines the role of LPSK based on applicable laws and regulations and the impact of protection provided by LPSK to a Justice collaborator. The case study of Richard Eliezer shows how the role of LPSK in providing protection for justice collaborators is in accordance with applicable laws and regulations. The results of this study indicate that the protection provided by LPSK allows justice collaborators to provide information more safely and objectively
Modernisasi Hukum Perkawinan Islam di Indonesia: Respons Ulama Atas Rancangan Ordonansi Perkawinan Era Hindia-Belanda Arif, Miftakhul
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.2052

Abstract

The colonial government's marriage regulations sparked debates among Islamic scholars, with responses ranging from acceptance and rejection to compromise. This study examines the ulama's response to the draft Marriage Ordinance in the Dutch East Indies, as reported in the Suara Nahdlatul Ulama magazine in 1927. As library-based research, this empirical study on Islamic law employs a socio-historical and legal-political approach. Data were collected from historical documents, including the 1927 edition of Suara Nahdlatul Ulama and other relevant literature. The study found that ulama’s responses to the draft Marriage Ordinance in the Dutch East Indies fell into three categories: rejection, acceptance, and compromise. From a legal-political perspective, these responses reflect the dynamics between Islamic and colonial law. Rejection symbolized efforts to maintain Islamic legal autonomy, acceptance was seen as a step toward modernizing Islamic marriage law, while compromise indicated negotiations between the two systems. The findings contribute to the discourse on the interaction between Islamic and colonial law in Indonesia.
Kesadaran Hukum Masyarakat Terhadap Pencatatan Poligami di Nagari Salareh Aia Palembayan Kamelia Tanjung
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the level of legal awareness among the community of Nagari Salareh Aia, Kecamatan Palembayan, regarding the registration of polygamous marriages. Polygamy, regulated under Islamic law and Indonesian legislation, permits a maximum of four wives under conditions of justice, court approval, and the consent of the first wife. The research employs a qualitative approach with field research and purposive sampling of 20 informants, who were interviewed in-depth to gather data on knowledge, understanding, attitudes, and legal behavior. The findings indicate that although the community is aware of the obligation to register polygamous marriages, their understanding and attitudes toward the legal requirements are weak. Many polygamous unions remain unregistered due to a lack of procedural knowledge and limited willingness, including disapproval from the first wife. This situation results in legal uncertainty concerning the status of wives and children and threatens family stability. The study concludes that the legal awareness of the community regarding polygamy registration is low, highlighting the need for enhanced legal socialization and education to ensure polygamy is practiced in accordance with prevailing laws for the sake of justice and protection of all parties involved.

Page 18 of 18 | Total Record : 176

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